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Agenda Packet City Council - 10/29/2019
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, October 29, 2019 Addendums may be added on Friday. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Pastor Rick Barrera, Believe Church. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Jim Davis, Director of Asset Management. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.19-1470 Proclamation declaring October 10, 2019, " Real Men Wear Pink Day". Proclamation declaring October 28-November 1, 2019, "Red Ribbon Week". Proclamation declaring November 2, 2019, "Face to Face Walk for Memory Day". Proclamation declaring November 2019, "50th Anniversary Month of Freddie Records". Commendation for K-Space Contemporary. F.PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. 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 Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.OTHER 2.19-1474 North Beach Drainage Analysis Page 1 City of Corpus Christi Printed on 10/28/2019 October 29, 2019City Council Meeting Agenda - Final-revised H.MINUTES: 3.19-1485 Regular Meetings of September 24, 2019 and October 15, 2019 and Special Meeting of October 1, 2019. I.BOARD & COMMITTEE APPOINTMENTS: 4.19-1469 Sister City Committee (3 vacancies) This item will not be considered. J.EXPLANATION OF COUNCIL ACTION: K.CONSENT AGENDA: (ITEMS 5 - 20) Second Reading Ordinances - Consent 5.19-1351 Case No. 0819-04, Mirabal Development Group, LC (District 5). Ordinance rezoning property at or near 6805 Sandra Lane from the "RS-6" Single-Family 6 District to the “RM-1” Multifamily 1 District. Sponsors:Development Services 6.19-1352 Ordinance authorizing acceptance of a grant in the amount of $48,889.40 grant from the State of Texas, Criminal Justice Division for Violence Against Women (VAWA) Program with a cash match of $17,808.91 and in-kind match of $2,160; appropriating $48,889.40 in the Police Grants Fund; and authorizing a transfer of $17,808.91 from the General Fund to the Police Grants Fund. Sponsors:Police Department 7.19-1266 Ordinance authorizing the acceptance of a grant in the amount of $40,000 from the Office of the Governor’s Homeland Security Grants Division for FY2020 Local Border Security Program; and appropriating $40,000 in Police Grants Fund. Sponsors:Police Department 8.19-1307 Ordinance approving the purchase of ten replacement trailers not to exceed $153,963.00 to be used daily by the Utilities Department to transport heavy equipment to worksites from H & V Equipment Service, Inc. via the Buy Board Cooperative; appropriating $59,180.20 from the unreserved fund balance in the Water Fund, $70,969.00 from the unreserved fund balance in the Wastewater Fund and $23,813.80 from the unreserved fund balance in the Storm Water Fund; and amending the FY 2019-2020 operating budget to increase expenditures. Sponsors:Utilities Department and Contracts and Procurement 9.19-1305 Ordinance approving the purchase of four 2019 Ford F-150 regular cab pick-up trucks in an amount not to exceed $110,837.00 to be used by Page 2 City of Corpus Christi Printed on 10/28/2019 October 29, 2019City Council Meeting Agenda - Final-revised Construction Inspectors in Engineering Services from Silsbee Ford of Silsbee, Texas via the GoodBuy Purchasing Cooperative; appropriating $110,837.00 from the unreserved fund balance in the Engineering Services; and amending the FY 2019-2020 operating budget to increase expenditures. Sponsors:Engineering Services and Contracts and Procurement Contracts and Procurement - Consent 10.19-1035 Resolution authorizing execution of an Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District for the maintenance of 104 planters in the downtown area for an initial period of four years. Sponsors:Business Liaison and Engineering Services 11.19-1378 Motion authorizing a three year Office Lease Extension Agreement with Corpus WCEC, LLC of Dallas, Texas for lease of North Suite No 113 A in Wilson Plaza (5,503 square feet) for the operation of the City Detention Center for an amount not to exceed $275,865.48, with first-year funding in the amount of $91,955.16 available in the General Fund, beginning in Fiscal Year 2020. Sponsors:Municipal Court Administration 12.19-1379 Motion authorizing Amendment No. 1 to Supply Agreement No. 1261 with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey, for an amount not to exceed $97,500.00 for the 24-month term, increasing the 24-month contract amount from $701,882.00 to $799,382.00, allowing a price increase to the contract for the purchase of liquid ammonium sulfate solution used as a source of ammonia in the formation of chloramines to disinfect the treated water at O. N. Stevens Water Treatment Plant. Funding is available through the Water Fund. Sponsors:Utilities Department and Contracts and Procurement Capital Projects - Consent 13.19-0853 Motion awarding a contract to Bath Engineering for design and preparation of construction documents to implement Mechanical, Electrical and Plumbing (MEP) upgrades for the Police Headquarters building in the amount of $143,115, located in City Council District 1, effective upon issuance of notice to proceed, with funding approved and available from Bond 2018, Proposition E, Public Health & Safety. Sponsors:Police Department, Asset Management Department, Contracts and Procurement and Engineering Services 14.19-1390 Motion awarding a contract to Clark Pipeline Services, LLC for reconstruction of Frio, Hacala, and Dorado Street Corridor from Greenwood Drive to Martin Street with new asphalt pavement and Page 3 City of Corpus Christi Printed on 10/28/2019 October 29, 2019City Council Meeting Agenda - Final-revised underground utility improvements in the amount of $4,476,609.27. This project is located in City Council District 3, the contract will be effective upon issuance of notice to proceed, and funding is available from Bond 2018 Proposition A, Bond 2016 Streets, and the Utility Capital Improvement Program. Sponsors:Street Department, Contracts and Procurement and Engineering Services 15.19-1413 Motion awarding a contract to Hanson Professional Services Inc., for preparation of bid documents, street rebuild design, and delivery orders for the $32.55 Million Residential Street Rebuild Program in the amount of $3,389,252.89, located in all City Council districts, effective upon issuance of notice to proceed, with funding available from Bond 2018, Proposition A, Residential Street Construction Fund, and Utility Capital Program. Sponsors:Street Department and Engineering Services 16.19-1391 Motion awarding a contract to CPC Interests, LLC d/b/a Clark Pipeline Services, LLP, for construction improvements under the Citywide Water Distribution System Indefinite Delivery/Indefinite Quantity (IDIQ) Program, in the amount up to $5,000,000 plus two (2) optional administrative renewals for a total contract price up to $15,000,000 for Citywide improvements, and is effective upon issuance of notice to proceed, with funding available from the Water Capital Improvement Program. Sponsors:Utilities Department, Contracts and Procurement and Engineering Services 17.19-1343 Motion authorizing a contract with J.S. Haren Company of Athens, Tennessee for the Whitecap Wastewater Treatment Plant (WWTP) Emissions/Odor Control and Bulkhead Rehabilitation project in the amount of $1,916,000, to rehabilitate the emission/odor control system and repair the bulkhead. The project is located in City Council District No. 4. The contract will proceed upon the issuance of a notice to proceed and funding is approved and available through the Wastewater Capital Improvement Program (CIP) Budget. Sponsors:Utilities Department and Engineering Services 18.19-1400 Motion awarding a contract to SCS Engineers of Bedford, Texas for design of Cefé Valenzuela Gas Collection Control System (GCCS) expansion of Cells 1B, 1C and 3C in the amount of $163,500, effective upon issuance of notice to proceed, with funding approved and available from budgeted Solid Waste Capital Improvement Funds. Sponsors:Solid Waste Operations, Contracts and Procurement and Engineering Services General Consent Items 19.19-1419 Motion approving the 2019 Property Tax Levy of $135,974,569.95 based on the adopted property tax rate of $0.646264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. Page 4 City of Corpus Christi Printed on 10/28/2019 October 29, 2019City Council Meeting Agenda - Final-revised Sponsors:Finance & Business Analysis 20.19-0651 Resolution nominating Valero Refining - Texas, L.P. to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as an enterprise project pursuant to the Texas Enterprise Zone Act to encourage and to allow a rebate of State sales tax. Sponsors:Economic Development L.RECESS FOR LUNCH M.PUBLIC HEARINGS: (ITEMS 21 - 22) 21.19-0996 Ordinance pertaining to North Beach designating a 1,423 acre area within the jurisdiction of the City of Corpus Christi Tax Increment Reinvestment Zone (TIRZ) Number 4; setting a maximum City financial participation of $20,000,000 via a scaled contribution for a period not to exceed 20 years; establishing a Board of Directors for the TIRZ; and, establishing a preliminary Project and Financing Plan. Sponsors:Business Liaison 22.19-1377 Ordinance closing, abandoning and vacating a 16,500 square foot portion of 6th Street, a portion of public street lying between Buford Avenue and Hancock Avenue, conditioned upon payment of $28,000 for fair market value of the improved street and execution of an agreement to relocate stormwater infrastructure. (District 1) Sponsors:Development Services N.REGULAR AGENDA: (NONE) O.FIRST READING ORDINANCES: (ITEMS 23 - 32) 23.19-1100 Zoning Case No. 0719-02 B&A Terra Firma Development, LLC: (District 4) Ordinance rezoning property at or near 2110 Laguna Shores Road from the “RE” Residential Estate District to the “RS-6” Single Family 6 District. Planning Commission and Staff recommend Approval. Requires 3/4 Vote for zoning change. Sponsors:Development Services 24.19-1383 Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of $175,175 for FY 2019 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $175,175 in Police Grants Fund with $80,917 of funds distributed to Nueces County and $13,340 of funds distributed to City of Robstown. The remaining funds of $80,918 will be used by the City for enhancement of law enforcement efforts. Sponsors:Police Department Page 5 City of Corpus Christi Printed on 10/28/2019 October 29, 2019City Council Meeting Agenda - Final-revised 25.19-1455 Ordinance approving the purchase of Harris Public Safety communication radios in an amount not to exceed $3,567,032.20 to be used by the Corpus Christi Police Department from Dailey and Wells Communications, Inc; appropriating $1,189,010.73, from the unreserved fund balance of the General Fund initially budgeted in FY 2019 for this purpose but not encumbered; and amending the FY 2019-2020 operating budget to increase expenditures. Sponsors:Information Technology Services and Contracts and Procurement 26.19-1388 Ordinance authorizing an agreement with Texas Food and Wine Festival, LLC to allow use of Heritage Park and portions of Fitzgerald Street and Hughes Street for the Corpus Christi Food and Wine Festival Event and related activities on November 23, 2019. Sponsors:Parks and Recreation Department 27.19-1431 Ordinance authorizing a 20-year Lease Agreement with Art Community Center of Corpus Christi, Inc. a Texas nonprofit corporation, for continued use and operation of the Art Community Center at no charge, located at 100 N. Shoreline Blvd. for use by local and visiting artists, to provide meeting rooms, art exhibits, an information center, a gift shop, a restaurant, display areas for the arts, and art classes. Sponsors:Parks and Recreation Department 28.19-1398 Ordinance accepting $31,105.92 from Epic Y Grade Pipeline, LP and authorizing an amendment to the existing Revocable Easement to allow construction of an additional 12-inch pipeline. Sponsors:Utilities Department and Engineering Services 29.19-1399 Ordinance accepting $103,770 from Dean Pipeline Company, LLC and authorizing conveyance of three Revocable Easements with Temporary Construction Easements on City-owned properties, to allow construction of one 8-inch pipeline. Sponsors:Utilities Department and Engineering Services 30.19-1393 Ordinance approving the purchase of twenty-six pickup trucks for a total amount not to exceed $951,159.04 from Silsbee Ford of Silsbee, Texas via the GoodBuy Purchasing Cooperative to be used by the Utilities Department’s staff for daily operations; appropriating $951,159.04 from the unreserved fund balance in the Water Fund, the Wastewater Fund, and the Storm Water Fund that was previously budgeted in FY 2019 for this purpose but not encumbered; and amending the FY 2019-2020 operating budget to increase expenditures. Sponsors:Utilities Department and Contracts and Procurement 31.19-1437 Ordinance appropriating anticipated revenues from the Texas Department of Transportation (TxDOT) in the amount of $635,549 and awarding a contract to Mako Contracting, LLC. for construction of sidewalk and Page 6 City of Corpus Christi Printed on 10/28/2019 October 29, 2019City Council Meeting Agenda - Final-revised lighting improvements for the S.E.A. District Pedestrian Improvement project in the amount of $794,436.22. The project is located in City Council District 1 and the contract will begin upon issuance of notice to proceed. Funding is approved and available from an 80% TxDOT grant and a 20% match from Street Bond 2016 CIP. Sponsors:Street Department and Engineering Services 32.19-1481 Ordinance authorizing the execution of the Second Addendum to the Water Supply Agreement with the Beeville Water Supply District, subject to release of all claims by Beeville Water Supply District and City of Beeville against the City of Corpus Christi and subject to withdrawal of all administrative proceedings filed by Beeville Water Supply District and City of Beeville against the City of Corpus Christi in the Public Utility Commission of Texas and subject to payment of all amounts determined by the City Manager to be owed pursuant to the existing contract between the parties after waiver of $162,809.85 of Future Water Resources Reserve Fund charges that were contested and withheld by said District and authorizing the City Manager to make the aforesaid waiver. Sponsors:Assistant City Manager and Utilities Department P.BRIEFINGS: (NONE) Q.EXECUTIVE SESSION: (ITEMS 33 - 34) 33.19-1454 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation including, but not limited to, the case of Graham Construction Services, Inc. et al v. City of Corpus Christi et al, including potential consideration of settlement offers and/or fees for attorneys, engineers, and other expert witnesses assisting in defense of action(s) and updates on litigation in other cases. 34.19-1453 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 sanitary sewer overflows and the City’s sanitary sewer system, water system, and/or drainage system and/or potential future litigation involving the U.S. Environmental Protection Agency, State of Texas, and/or U.S. Department of Justice . R.IDENTIFY COUNCIL FUTURE AGENDA ITEMS S.ADJOURNMENT Page 7 City of Corpus Christi Printed on 10/28/2019 DATE: October 18, 2019 TO: Peter Zanoni, City Manager FROM: Mark Van Vleck Assistant City Manager markvv@cctexas.com (361) 826-3082 STAFF PRESENTER(S): Name Title/Position Department Mark Van Vleck Assistant City Manager Jeffrey Edmonds Director Engineering Services Dan Grimsbo Executive Director Utilities Rhodes “Chip” Urban Project Manager Urban Engineering ISSUE: On July 2, 2019, Urban Engineering was awarded a professional services contract to assess the drainage on North Beach. The contract included the development of an Engineering report that contained the analysis, approach and cost estimate of three options identified in the assessment to address the drainage on North Beach. During this presentation, the results of that report and additional information related to timelines will be presented. LIST OF SUPPORTING DOCUMENTS: Presentation – North Beach Drainage Study Analysis (not included) North Beach Drainage Study Analysis AGENDA MEMORANDUM City Council Meeting of October 29, 2019 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, September 24, 2019 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:33 a.m. Invocation to be given by Deacon Fred Castillo, Our Lady of Perpetual Help Catholic Church. B. Deacon Fred Castillo gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by David Lehfeldt, Interim Director, Solid Waste Services. C. Mr. David Lehfeldt led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Proclamations / CommendationsE. 1.Proclamation declaring September 28, 2019, "Coastal Bend Walk 'n Roll Celebration for Disability Awareness Day". Proclamation declaring October 1, 2019, "National Night Out". Proclamation declaring October 18, 2019, "Coastal Bend Day of Pink". Proclamation declaring October 2019, "National Childhood Cancer Awareness, 'Heroes in Disguise' Month". Commendation for Astros, International Westside (IWS) Shetland Baseball, Corpus Christi, Texas. Page 1City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb presented the proclamations, the commendation and conducted the swearing-in ceremony. PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. 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 Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. F. 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. Malachy McGreevy, 210 S. Alameda St., spoke regarding intervention related to homelessness in relation to Item 5. Tony Reyes, Director/Founder of Mission 911, spoke regarding services offered by his organization in relation to homelessness and in support of Item 5. Kristy Jackson, 14937 Dasmarinas, spoke regarding the Veterans' Suicide Prevention Summit on October 1, 2019 from 8:30 a.m. - 11:00 a.m. at Del Mar's Economic Development Center, Room 106. Victor Pfan, 920 Park Ave.; Bibi Dalrymple, 2925 Denver Ave.; Judith Reader, 213 Graham Rd.; Larry Jordan, 213 Graham Rd.; Susie Luna Saldana, 4710 Hakel; and Carrie Robertson Meyer, 4401 Gulfbreeze Blvd., spoke in support of Item 5. Angela Leach, 5014 Lethaby Dr.; Sylvia Campos, 4410 Fir St.; Julie Rogers, 710 Furman Ave.; Mimosa Thomas, 710 Ponder; Ray Madrigal de Pancho Villa, 4253 Dody St.; Ryan Hanisch, 334 Southern St.; Rozan Garcia; and Sister Rosa Maria Ortiz of the Incarnate Word and Blessed Sacrament spoke in opposition to Item 5. Patty Clark, 6714 Sahara, Chief Executive Officer of Metro Ministries, spoke regarding free services available through Metro Ministries. Rob Bailey, 4602 Jarvis St., Ethics Commission Member, thanked Senior Assistant City Attorney Lisa Aguilar for her work on Ethics Commission related matters. Margareta Fratila, 3606 Tripoli Dr., spoke regarding investment in and the economic impact of North Beach. Jenny Cantu, 1546 S. Brownlee Blvd., with the Nueces Center for Mental Health and Intellectual Disabilities (NCMHID), spoke regarding services offered by NCMHID to individuals who are homeless. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: OTHERa. 1) The City will soon have a three-person homelessness and affordable Page 2City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes housing team; Mr. Zanoni introduced graduate student Emily Schaffer who will be on the team; and that the City is collecting responses from Mayor McComb's recent letter to agencies who serve individuals who are homeless regarding the services each of those agencies offers. 2) The City recently received an upgraded bond rating which results in a lower cost of debt and has resulted in substantial savings on recently issued Utility System Junior Lien Debt. 3) The Airport recently received a grant from the United States Department of Transportation / Federal Aviation Administration to upgrade asphalt aprons to concrete. 4) City Manager Zanoni provided an update on the construction of Everhart, between South Padre Island Drive and Holly Road; wastewater improvements; the relocation of related bus stops; and that the City will send affected businesses regular e-mail updates during construction. 5) Update sessions between the City Council and City-appointed Port Commissioners will continue, on a quarterly basis, with the next one scheduled for November 2019; and that a Port Commissioner's term is expiring December 31, 2019. 6) City Manager Zanoni will be meeting with the mayor, mayor pro tem and city manager of Port Aransas to develop a strong and beneficial working relationship. 6) Director of Communication Kim Womack was recognized as having completed the Master of Public Information Officer certification program through the Federal Emergency Management Agency / United States Department of Homeland Security. MINUTES:H. 2.Regular Meeting of September 17, 2019 and Special Meeting of September 6, 2019. Mayor McComb referred to approval of the minutes. A motion was made by Council Member Garza, seconded by Council Member Guajardo, that the Minutes be passed. The motion carried by a unanimous vote. BOARD & COMMITTEE APPOINTMENTS: (NONE)I. EXPLANATION OF COUNCIL ACTION:J. CONSENT AGENDA: (ITEMS 3 - 4, 6 - 7, 9 - 15 and 17)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 5, 8, and 16 be pulled for individual consideration. A motion was made by Council Member Molina, seconded by Council Member Garza, to approve the Consent Agenda. The motion carried by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Page 3City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes 3.Ordinance amending the Unified Development Code pursuant to the annual review process to allow automated carwashes in Neighborhood Commercial zones with limitations, allow heavy vehicles service as accessory use for vehicle sales with limitations, allow aggregate storage at plant retail with limitations, allow crematorium at funeral homes with limitations, apply above ground fuel storage maximum for water-oriented accessory use to all commercial districts except neighborhood commercial and office neighborhood zones, require a minimum side yard of not less than 10 feet, or less than adjacent lot’s front or rear yard for corner lots, allow townhomes in Multifamily 3 Districts, remove minimum site area requirement for townhome district, clarify accessory building structures total square footage limitation of 50% of the main principal structure total square footage, and allow administrative adjustment for minimum setback under certain conditions; and providing for penalty. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031877 4.Ordinance amending the Unified Development Code in response to Texas Legislative changes to modify definition of industrial housing, modify historic landmark or Historic Overlay District designation regulations including consent and notice requirements, modify zoning board of adjustment regulations including reducing the time to appeal, and eliminate building material requirements for cottage housing, facades, roofs, and island overlay; and providing for penalty. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031878 6.Ordinance authorizing five-year concession and lease agreements for on-airport rental car services with Coastal Bend Rent-A-Car, Inc. dba Avis Rent A Car and South Texas Auto Rental Services, LLC dba Budget Rent A Car; EAN Holdings, LLC, dba Enterprise Rent-A-Car; EAN Holdings LLC, dba, Alamo Rent-A-Car and National Car Rental; Hertz Corporation dba Hertz; and DTG Operations, Inc., dba Dollar Rent a Car and Thrifty Car Rental in consideration for the greater amount of a concession fee equal to 11% of each concessionaire’s annual gross revenues or the minimum annual guarantee amount defined in the agreement. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031880 7.Ordinance amending and increasing Fiscal Year 2019 revenue and expenditure appropriations in the Stores Fund by $1,200,000.00 each - from $2,800,000 to $4,000,000 - for increased purchases of merchandise in the City’s Warehouse. Page 4City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes This Ordinance was passed on second reading on the consent agenda. Enactment No: 031881 9.Ordinance authorizing a Water Distribution Main Extension Construction and Reimbursement Agreement with NP Homes LLC to extend lines from Rand Morgan Road and McNorton Road for a planned residential subdivision, for a term not to exceed six months from the execution of the agreement; appropriating $40,537.20 from the Water Distribution Main Trust Fund to reimburse developer. (District 1) This Ordinance was passed on second reading on the consent agenda. Enactment No: 031883 10.Motion authorizing a one-year service agreement for an amount not to exceed $2,500,000.00, with stHealth Benefit Solutions, LLC, dba Stealth Partner Group and Sun Life Assurance Company of Canada, to provide stop loss coverage for the City’s self-funded employee health benefits, beginning October 1, 2019 to September 30, 2020, with funding available in the FY 2020 Fire, Police and Citicare Employee Health Funds. This Motion was passed on the consent agenda. Enactment No: M2019-149 11.Motion authorizing a purchase from Caldwell Country Chevrolet for three 2020 Chevrolet Sparks to be used for Solid Waste Code Compliance inspectors, in an amount not to exceed $57,085.15, effective upon issuance of a letter of acceptance, with funding available in the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: M2019-150 12.Motion authorizing a purchase from Rush Truck Centers of Texas, L.P. of two Peterbilt 520 chassis with New Way side loading refuse trucks, for Recycling and Refuse Collection Division of Solid Waste Services for vehicle replacement in an amount not to exceed $681,394.00, effective upon issuance of a letter of acceptance, with funding available in the General Fund FY 2019 Solid Waste Services Operating Budget. This Motion was passed on the consent agenda. Enactment No: M2019-151 13.Motion authorizing a lease-purchase from Rush Truck Centers of Texas, L.P., for the purchase of six Peterbilt 520 chassis with New Way side loading refuse trucks for Recycling and Refuse Collection Division of Page 5City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes Solid Waste Services for vehicle replacement in an amount not to exceed $2,270,890.11, effective upon issuance of a letter of acceptance, with the first-year funding in the amount of $453,978.00 available in the General Fund, beginning in Fiscal Year 2020. This Motion was passed on the consent agenda. Enactment No: M2019-152 14.Resolution authorizing a three-year service agreement with Franklin Energy Services, LLC for the WaterWiseTM Education Program, a water and energy efficiency education program for 5th grade students in the Corpus Christi Independent School District beginning in the academic school year of 2019-2020, for an amount not to exceed $26,400.00 for the first year, and $21,900.00 each year for the following two years for a grand total not to exceed $70,200.00, effective upon issuance of notice to proceed, with the first-year funded through the Water Fund. This Resolution was passed on the consent agenda. Enactment No: 031884 15.Motion awarding a construction contract to Terrapure Environmental (Environmental Solutions) of Tonawanda, New York for dredging, dewatering, and disposal of residuals from O.N. Stevens Water Treatment Plant (ONSWTP) Lagoons 5 and 6, in City Council District 1, in the amount of $1,799,550, effective upon issuance of notice to proceed, with funding approved and available in Water Operating Budget. This Motion was passed on the consent agenda. Enactment No: M2019-153 17.Motion awarding a contract to Grace Paving and Construction, Inc. for the Minor Street Improvement Indefinite Delivery/Indefinite Quantity (IDIQ) program for an amount up to $4,600,000 for the base year with two (2) optional one-year administrative renewals for a total contract value up to $13,800,000, upon issuance of notice to proceed with funding approved and available from the Street Operating budget and Capital Improvement Program budget. This Motion was passed on the consent agenda. Enactment No: M2019-155 5.Ordinance amending Chapter 36 of the City Code to add section 36-14 to prohibit lying down, smoking, vaping, eating, and possessing blankets, pillows, mattresses, cardboard, tarps, sleeping bags, bedding, stoves, cooking devices, shopping carts, wagons, within Blucher Park; changing closing time from 10:00pm to 8:00pm for said park; and providing for Page 6City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes fines. Mayor McComb referred to Item 5. Council members discussed the following topics: the length of time Item 5 has been worked on; deed restrictions from the original grantor; the reversion clause in the deed; the history of the conveyance of the Memorial Hospital property; a contractual / legal obligation to protect Blucher Park; that the proposed ordinance bans behavior, not people; having compassion for individuals who are homeless; homeless individuals' access to safe living conditions; and the creation of a homeless initiative within the City. Council Member Molina made a motion to table the ordinance, which died for lack of a second. Council members discussed the following additional topics: a council member having been homeless during his lifetime; the shame of homelessness; that the proposed ordinance is specific to Blucher Park; encouraging donation of time and money to homeless organizations; that Blucher Park is more a nature preserve than a park; the need to make progress on homeless issues; mental health issues related to homelessness; requests made to council members by the public to table this item; the need for a road map on homeless issues moving forward; past discussion regarding the location of agencies that serve the homeless and regarding panhandling; current outreach efforts by agencies who serve homeless individuals; the upkeep of Blucher Park and its use as a bird sanctuary; and low-cost housing. Mayor McComb called for comments from the public. Karen Smith, President of the Audubon Outdoor Club, complimented the City's Parks and Recreation Department for their work at Blucher Park; and spoke regarding the expiration of the original deed and how Blucher Park is different from other City parks. Mimosa Thomas, 710 Ponder, spoke regarding postponing a vote on this ordinance; questioned the urgency to pass this ordinance now; homeless individuals not having a safe place to go; requested time to work on a solution so no person is endangered by this ordinance; and the very limited outreach made by the City during the development of this proposed ordinance. Council Member Roy made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 031879 RECESS FOR LUNCHL. Mayor McComb deviated from the agenda and referred to Recess for Lunch. The Council recessed for lunch at 1:46 p.m. The Council returned from its recess for lunch at 2:20 p.m. Page 7City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes CONSENT AGENDA: (ITEMS 8 & 16)K. 8.Ordinance authorizing a Water Distribution Main Line Extension Construction and Reimbursement Agreement with Esther Ybarra to extend a line to a planned residential property located at 7541 Weber Road for a term not to exceed 12 months; appropriating $101,950.24 from the Water Distribution Main Trust Fund to reimburse developer. (District 3) Mayor McComb referred to Item 8. Council members, Utilities Department Engineer V Gabriel Hinojosa, Development Services Department Contract / Funds Administrator Michael Johnston, City Attorney Miles K. Risley and Director of Development Services Al Raymond discussed the following topics: a previous exemption from wastewater request for this property; that the subject property is not in any master planned area nor is an extension of wastewater to the area currently planned; requirements to petition for a waiver of wastewater fees; proximity of the nearest wastewater lift station; that the proposed water distribution main line extension will encourage development in the area of the subject property; availability of wastewater in the area of the subject property; the distance, within which, the Unified Development Code (UDC) requires connection to City water and wastewater; offsite reimbursement as specified in the UDC; encouraging development in a crash zone adjacent to an airfield runway; Air Installation Compatible Use Zones (AICUZ) in relation to zoning of the subject property; how the water reimbursement is collected for this particular type of scenario and changes related to interpretation; what a purpose clause is and its purpose in relation to an ordinance; Council's discretionary authority to enter into the proposed agreement; the need to address the fairness, equitableness and consistency of managing requests for reimbursement from Trust Funds; fire service protection for the subject property; industrial sites near the subject property; development of residential property near the nearby airfield; and buying out lands near the airfield. Mayor McComb called for comments from the public. Chip Urban, 2725 Swantner, with Urban Engineering, spoke regarding the criteria to meet when requesting reimbursement from the Trust Fund and that the subject request for reimbursement for the water line does not meet the intent of the ordinance. Murray Bass, 3054 S. Alameda, with Bass-Welsh Engineering, spoke regarding fees paid related to small- and large-tract subdivisions; what some property owners receive / do not receive in exchange for paying fees; that approval of this item will make City water available for future development of the area; the definition of a "developer" in the UDC and developers' ability to access Trust Fund monies; and achieving consistency and accountability related to the accessing of monies in the Trust Fund. A council member discussed whether this Item meets the criteria for reimbursement from the City's Trust Funds and meeting with the local builders' association in relation to developing a plan for accessing Trust Fund monies. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and Page 8City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 031882 16.Motion awarding a contract to A. Ortiz Construction & Paving, Inc. for reconstruction of seven (7) residential streets with asphalt pavement and underground utility improvements in the amount of $5,883,387.45, effective upon issuance of notice to proceed, with funding available from the Residential Street Reconstruction Fund. The Residential Street Reconstruction Project (RSRP) will impact City Council Districts 1, 4 and 5. Mayor McComb referred to Item 16. Council members and Director of Engineering Services Jeff Edmonds discussed the following topics: timeline and how work will be undertaken; the impact on residents; a plan for construction packages so that small contractors have an opportunity to bid; a council member's request that certain streets in City Council District 5 be included; and the linear distance of work to be completed. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2019-154 PUBLIC HEARINGS: (ITEM 19)M. Mayor McComb referred to Public Hearings. City Secretary Rebecca L. Huerta announced that Item 18 would be considered under First Reading Ordinances. 19.Ordinance amending the Urban Transportation Plan map of MobilityCC, a transportation element of the City’s Comprehensive Plan, to remove the extension of Carroll Lane from Wickersham Drive to Kostoryz Road on the south/east side of the Kostoryz/Carroll Drainage Ditch as requested by Corpus Christi Independent School District and related to the development of a new high school campus. (Council District 3) Mayor McComb deviated from the agenda and referred to Item 19. Director of ESI and Planning Daniel McGinn stated that the purpose of this item to to amend the Urban Transportation Plan by removing a portion of the proposed Carroll Lane collector street on the site of a proposed new high Page 9City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes school. Director McGinn presented information on the following topics: subject area; current transportation plan, proposed amendment; strategic plan for active mobility; site development plan; traffic signal spacing issues; and recommendation. Mayor McComb opened the public hearing. Rolando Garza, 8200 Leopard St., spoke regarding proper planning for development of the area; and the City independently evaluating potential traffic congestion issues. A council member stated that the Planning Commission and the Transportation Advisory Commission recommend approval. Mayor McComb closed the public hearing. Council members and Director McGinn discussed the following topics: the validity and accuracy of Corpus Christi Independent School District's (CCISD) past traffic analyses; access to the proposed campus from two streets versus from three streets, including from Kostoryz; the irrevocability of the City giving up its right-of-way, as requested by CCISD; keeping the right-of-way; not having confidence in CCISD's traffic analysis; the timeline to build out Wickersham and Norchester; coordination between CCISD and the City; the current time associated with traffic delays versus time associated with traffic delays once the new high school is built; traffic congestion associated with Most Precious Blood Catholic Church; the effect signalization of an intersection has on traffic; the importance of communication between CCISD and the City; CCISD properly staging traffic for school drop offs and pick ups; the City cooperatively and jointly addressing, with CCISD, unanticipated problems related to their proposed new campus; the use of traffic demand models; prioritization of roads; the timeline and funding for installation of the traffic signals at the Kostoryz - Masterson intersection; traffic and safety issues encountered during the recent construction of another CCISD school; the City working with CCISD and the Texas Department of Transportation regarding traffic flow in the subject area; continued development along Saratoga Blvd.; that traffic lights along Saratoga Blvd. need to be properly synchronized; the impact of the City giving up property from the planned high school's property line to Wickersham and that the addition of an additional point of ingress / egress, via a private drive, in that area is not desired or planned by CCISD; access to the high school's sports fields; traffic calming strategies; pedestrian friendliness in and around the high school campus; safety concerns; reviewing traffic mitigation strategies with an eye toward safety; that security is cited as the reason for a limited number of ingress and egress points to the high school; that access to sports fields from Kostoryz is proposed to be eliminated; the size of the proposed hike-and-bike trail, its accessibility to the high school and the proposed access points to the hike-and-bike trail from the high school; the proposed extension of Carroll Lane and the location of a traffic signal thereon; the location of the proposed fence in relation to the ditch; access to Masterson from the proposed high school; the number of driveways into the high school campus from Saratoga Blvd. and Kostoryz Rd.; current traffic problems related to Galvan Elementary; the plan regarding emergency service access to the rear of the campus; and the high school's planned perimeter fencing. Council Member Barrera made a motion to approve the ordinance, seconded Page 10City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Nay:Council Member Hernandez1 - Abstained:0 REGULAR AGENDA: (NONE)N. FIRST READING ORDINANCES: (ITEMS 18, 20 & 22)O. 18.Ordinance authorizing a Water Arterial Transmission and Grid Main Construction Reimbursement Agreement, a Water Distribution Main Line Construction Reimbursement Agreement, and a Wastewater Collection Line Extension Construction Reimbursement Agreement with Dorsal Development LLC to extend a grid main line along Yorktown Boulevard, extend a wastewater collection line from lift station number 13 located near Master Channel 31 and Slough Road, and install offsite water distribution and wastewater collection lines for a planned residential subdivision with completion dates of October 30, 2020; appropriating $147,999.99 from the Water Arterial Transmission & Grid Main Trust Fund, $43,010.00 from the Water Distribution Main Trust Fund, and $139,341.76 from the Sanitary Sewer Collection Line Trust Fund to reimburse developer per agreements. (District 5) Mayor McComb referred to Items 18 and 20 - 22. A council member requested that Item 21 be pulled for individual consideration. Mayor McComb referred to Item 21. A council member and City Attorney Miles K. Risley discussed the following topics: that negotiations on this item, with AEP, have spanned more than a year; that, because this is an amendment to a franchise agreement, the agreement, itself, is the ordinance; and that this amendment is necessary to correct administrative errors in the previously approved agreement. A council member announced his intent to vote "No" on Item 21. Council Member Barrera made a motion to approve Items 18, 20 and 22, seconded by Council Member Hunter. These ordinances were passed on first reading and approved by one vote. Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Page 11City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes 20.Ordinance accepting a donation from NuStar Energy L.P. to be used for the purchase of smoke detectors in the amount of $1,400; and appropriating the funds into the Fire Grant Fund. This Ordinance was passed on first reading and approved by one vote (see Item 18). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 22.Ordinance to amend City Code of Ethics regarding Financial Disclosure forms as recommended by the Ethics Commission to allow electronic filing in lieu of paper filing, to include statement regarding conflict of interests, to shorten candidate deadline for filing financial disclosure report from 5 days to 3 days within filing for office, to allow for unsworn declaration, to allow for shortened report if no changes since last complete report, and to change filing date from last Friday in April to last Friday in March. This Ordinance was passed on first reading and approved by one vote (see Item 18). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 21.Ordinance to adopt modified franchise ordinance with AEP Texas , Inc. to fix administrative errors in ordinance adopted on August 13, 2019. Mayor McComb referred to Item 21 (see Item 18). Council Member Garza made a motion to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Nay:Council Member Hernandez1 - Abstained:0 Page 12City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes BRIEFINGS: (NONE)P. RECESS TO BUILDING STANDARDS BOARD APPEAL: (ITEM 23)Q. Mayor McComb recessed the city council meeting to the Building Standards Board Appeal at 3:53 p.m. The Appeal will proceed using the following format: 23.Consideration of an appeal filed by Ms. Alma Leticia Suazo of the Building Standards Board's Decision to require demolition of the substandard structure on property located at 5029 Williams Drive in City Council District 3. City Secretary Rebecca L. Huerta announced that the city council will now serve as a quasi-judicial body to consider an appeal of a Building Standards Board's decision. a. Statement of Facts: Code Compliance Officer Diana Garza presented the Statement of Facts for 5029 Williams Drive: photographs of violations during the initial inspection on July 10, 2018; the building was deemed substandard; that a notice of violation was sent to the owner providing for 30 days to bring the property into compliance; the owner's failure to meet the August 26, 2018 compliance deadline; Code Enforcement filed a complaint with the Building Standards Board (BSB) on September 13, 2018; the case was presented to the BSB on September 27, 2018; the BSB gave the owner 30 days to submit a full set of construction plans to the City for approval; the owner did not submit any plans; on November 28, 2018, due to the substandard and dilapidated condition of this residential accessory structure, the BSB declared it to be a hazard to the health, safety and welfare of the public and the BSB ordered the structure to be removed or demolished by the owner, lienholder or mortgagee within 30 days and, if demolition was not started and completed as required, then the City would be authorized to demolish the structure; as per Section 13-24 of the City's Code of Ordinances, an owner or occupant may appeal a decision of the BSB to City Council; Alma Leticia Suazo submitted a notice of appeal, in writing, on December 12, 2018, within 30 days of the BSB's decision; the property's history, including having been brought before the BSB on two separate occassions; the structure was first inspected by Code Enforcement on October 1, 2014 in response to a complaint received by Code Enforcement regarding a substandard building; two structures were observed on the property at that time; Ms. Suazo hired a contractor to renovate the structure, but the contractor did not complete the work; on March 21, 2011, Ms. Suazo was issued a permit to build a new residence on the property; on May 5, 2011, Ms. Suazo obtained a demolition permit for full demolition of the substandard structure, however, Ms. Suazo did not demolish the structure; on November 17, 2014 a notice of violation was mailed to and received by the owner providing 30 days to comply by December 21, 2014; due to noncompliance, a complaint was filed with the BSB on July 10, 2015; on August 20, 2014, the case was presented to the BSB and the owner was granted an extension to meet with the Development Services Department staff and the case was tabled to the next meeting; on September 24, 2018, the case was presented to the BSB and the owner was granted a second extension to meet with Development Services Page 13City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes Department staff and return with detailed plans to repair, at the next BSB meeting; on November 19, 2015 the case was presented to the BSB, the owner did not return with detailed plans for repairs or cost of repairs; the BSB ordered as follows, 1) the structure was to be repaired within 90 days and be in compliance with City Ordinance Section 13-22 (g), 2) the City would demolish the building if the action ordered is not taken within the alloted time and 3) the owner was to provide a progress report at the next hearing; on January 28, 2016, Ms. Suazo appeared before the BSB and reported no progress on repairs; the BSB announced that the order would not be amended and the owner was still required to comply with the original order to repair the structure by February 17, 2016; on March 8, 2016, a general residential repair permit was pulled for the property at 5029 Williams Drive; on May 6, 2016, Ms. Suazo informed Code Enforcement that she was almost done with foundation repairs to the substandard structure; on August 10, 2016, a letter was sent to Ms. Suazo informing her the City would proceed with demolition due to non-compliance with the BSB's order to repair within 90 days, however, demolition was not completed due to instructions from a Code Enforcement supervisor to not proceed with the demolition; as time passed no further repairs were made to the substandard structure and a BSB member questioned the status of the demolition of the substandard structure; due to the amount of time that had passed from the original BSB order and verbal instructions that conflicted with the original BSB order, a new case was started on the substandard structure to allow time for the owner to get the property in compliance. b. Appellant's Oral Presentation of Written Noitice of Appeal: Gregorio Esparza, on behalf of Alma Leticia Suazo, presented the Appellant's Oral Presentation of Written Notice of Appeal: a contactor was secured to remodel the subject structure; the contractor stole $22,000 from Ms. Suazo after gutting the property; Ms. Suazo had to, therefore, find another place to live; Ms. Suazo obtained permission to build a house on the property, behind the subject structure; initially, the structure was to be demolished; in 2013, Ms. Suazo obtained an certificate of occupancy on the new residence constructed behind the subject structure; in 2015 Ms. Suazo met with Development Services Department staff, obtaining permission to reverse the BSB's first ruling; being allowed to proceed with remodeling the subject structure; Ms. Suazo is employed by the Corpus Christi Independent School District; Ms. Suazo has paid off her home and no property taxes are owed; Ms. Suazo's dream was to convert the subject structure into a rental property; the foundation has been completed; Ms. Suazo received a letter from a Code Enforcement official informing her that she could proceed with repairs on the subject structure; Ms. Suazo received a letter from the City in 2018 informing her that her case had been opened again; in 2017, progress on repairs to the subject structure was slowed down due to Ms. Suazo having to invest funds into repairing the home she is living in, on the property, due to damage it sustained from Hurricane Harvey; in 2018, Ms. Suazo was notified she had to tear down the subject structure; that the subject property is secured and well maintained; permission was previously granted by the City to remodel the subject property and the contradiction between that permission and later instructions from the City that the subject property was to be demolished; and efforts to date to pull permits for the subject structure. c. Public Hearing: Rolando Garza spoke regarding the value of the property; that property taxes are paid up on the property; maintenance of the property; and the City's denial of a request for a permit for the property. Joe Ortiz, 3178 Page 14City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes Mendenhall Dr., spoke regarding the City having denied a request for a permit to continue performing repairs on the structure, including that the City denied a request for a re-roofing permit. A council member, Assistant City Attorney Yvette Aguilar, and Building Official Gene Delauro discussed the following topics: if permits can be pulled for repairs after an order to demolish has been issued by the BSB; details regarding the case timeline and zoning restrictions applicable to the property; efforts the Development Services Department made toward allowing both structures to remain on the property; the amount of time the BSB can grant, per state statute, to repair a structure; the number of times this structure has been before the BSB; when Mr. Ortiz applied for a permit; the timing of permits; a previous authorization to make repairs issued by the Development Services Department; the Appellant's previous financing issues; the square feet of the residence in which Ms. Suazo currently lives; providing Ms. Suazo an additional 90 days to complete repairs; and that the subject of this appeal is solely based on whether or not the BSB made an error in their decisions. d. City Staff Response: Assistant City Attorney Aguilar presented the City Staff Response: relevant laws; application of facts / information to relevant laws: error, undue hardship, and manifest injustice; and final action. e. Council Action: council members, Assistant City Attorney Aguilar, Mr. Ortiz, and Building Official Delauro discussed the following topics: what does and does not constitute "undue hardship" and related case law; what type of financing is in place to fund needed repairs to the structure; the estimated cost of repairs; if the needed monies are on-hand; current zoning requirements with respect to possible uses for the subject structure; possible changes to the property's zoning designation; the spirit of the City Code; a timeline for replatting and rezoning the property; whether or not the subject structure poses a threat to public safety; the economics of rehabing a building; the capacity of the Appellant to get the needed work done; that this appeal is to be decided based on whether or not the BSB made an error; the BSB having afforded the Appellant the time allowed by law; the Appellant's ability to meet timelines; whether or not the BSB was aware that the Appellant does not communicate well in English; that communications from the City, sent to the Appellant, were in English; that the City issued a permit for the foundation of the subject structure on March 8, 2016; if Hurricane Harvey constituted a hardship; monies invested to date in the foundation; that if repairs are made to the subject structure, the structure would have to be brought in compliance with current code; specifics and timeframes regarding demolition; the cost of demolition; and that the Appellant has the option to demolish the subject structure or remove it to a site outside the city limits. Council Member Smith made a motion to approve the resolution, seconded by Mayor McComb. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Roy and Council Member Smith 5 - Nay:Council Member Garza and Council Member Hernandez2 - Absent:Council Member Hunter and Council Member Molina2 - Abstained:0 Page 15City of Corpus Christi Printed on 10/22/2019 September 24, 2019City Council Meeting Minutes Enactment No: 031885 RECONVENE COUNCIL MEETING:R. Mayor McComb reconvened the city council meeting at 4:57 p.m. EXECUTIVE SESSION: (NONE)S. IDENTIFY COUNCIL FUTURE AGENDA ITEMST. Mayor McComb referred to Identify Council Future Agenda Items. A council member enumerated various items he would like to see on a future agenda(s). Council members discussed the following topics: the process for adding items to a Council agenda; what can/should be communicated to Council by memorandum versus adding an item to the Council agenda; and having City Manager Zanoni make the decision as to whether Council should be updated via a memorandum or by means of adding an item to a future Council agenda. ADJOURNMENTU. The meeting was adjourned at 5:05 p.m. Page 16City of Corpus Christi Printed on 10/22/2019 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, October 15, 2019 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:32 a.m. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi.B. Deacon Michael Mantz gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag led by Gina Sanchez, Marina Superintendent. C. Mrs. Gina Sanchez led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Proclamations / CommendationsE. 1.Proclamation declaring October 14, 2019, " Indigenous Peoples Day". Proclamation declaring October 15, 2019, "HELP Hits the High Notes Day". Proclamation declaring October 25, 2019, "Celebration of Family: Honoring 2019 Four-Star Parents". Proclamation declaring October 18-20, 2019, "59th Annual Texas Jazz Festival Days". Proclamation declaring October 20-26, 2019, "2019 National Pro Bono Week". Page 1City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes Proclamation declaring October 15 to November 15, 2019, "Deepavali Celebration Month". Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. The Proclamations were presented and the Swearing-In Ceremony was conducted. PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. 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 Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. F. Jack Gordy, 4118 Bray Dr., spoke regarding violations of federal, state and local law regarding signs in rights-of-way. C. J. Johnson, 509 S. Carancahua St., spoke regarding shootings in relation to mental health issues. Susie Luna Saldana, 4710 Hakel, extended an invitation to LULAC's Freedom March, taking place in Corpus Christi today. Debbie Lindsey Opel, 700 Everhart Rd., spoke regarding the North Beach Task Force and investment in North Beach. Marsha Williams, 6006 Strasbourg Dr., spoke in support of development on North Beach. Gloria Scott, 4422 S. Alameda St., spoke regarding the reconsideration of a recently enacted ordinance relating to Blucher Park. Taylor Aldridge, 4825 Everhart Rd., #23, with the Corpus Christi Association of Realtors, spoke in support of collection of hotel occupancy taxes by short-term rental providers. EXECUTIVE SESSION: (ITEM 35)Q. Mayor McComb deviated from the agenda and referred to Executive Session Item 35. The Council went into executive session at 12:29 p.m. The Council returned from executive session at 12:41 p.m. 35.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 with the Corpus Christi Police Officers’ Association, including, but not limited to, potential approval of a collective bargaining agreement with said association. The Council considered the following motion: Motion authorizing the City Manager to execute a collective bargaining agreement with the Corpus Christi Police Officers’ Association for wages, benefits, and working conditions, as distributed to the City Council, with changes to form as approved by the City Attorney. Council Member Hernandez made a motion to approve the Motion, seconded by Council Member Smith. Page 2City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes Council members thanked City staff and the Corpus Christi Police Officers' Association and recognized the negotiating teams for each; discussed the term of the agreement; and the "record time" in which an agreement was reached. Mayor McComb called for comments from the public. There were no comments from the public. The Motion passed by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2019-174 CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: OTHERa. 1) City Manager Zanoni participated in a meeting with the Port of Corpus Christi Authority (POCCA) regarding residents that remain in the Hillcrest area; how to move forward in the area; coordination of coverage in the area by the Corpus Christi Police Department and the POCCA's police department; and repair of street lights out in the area. 2) City Manager Zanoni provided an update on the Developer Trust Fund, including the need for additional time to address related concerns. 3) City Manager Zanoni recognized that October is breast cancer awareness month; that the City of Corpus Christi is participating in the related awareness campaign; and that the City will participate in the City's Making Strides of Corpus Christi Walk this weekend. 4) City Manager Zanoni recognized the Corpus Christi Police Athletic League for its efforts related to at-risk youth, including a recent fund raiser. 5) City Manager Zanoni reminded everyone that the Ice Rays and Texas A&M University Basketball seasons are underway at the American Bank Center. MINUTES:H. 2.Regular Meetings of September 24, 2019 and October 1, 2019. This item will be considered on a future agenda. The Minutes were withdrawn. BOARD & COMMITTEE APPOINTMENTS: (NONE)I. EXPLANATION OF COUNCIL ACTION:J. Page 3City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes Mayor McComb referred to Item J. Mayor McComb stated that the Flour Bluff Independent School District (FBISD), which opposed the proposed change of zoning, sent a letter to the City Manager indicating FBISD may consider another zoning designation. Mayor McComb made a motion to reconsider Item 20, 19-1100, from the October 1, 2019 City Council agenda, Zoning Case No. 0719-09 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, seconded by Council Member Hunter and passed unanimously. Mayor McComb made a motion to table Item 20, 19-1100, from the October 1, 2019 City Council agenda, Zoning Case No. 0719-09 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, to the next regular Council meeting of October 29, 2019, seconded by Council Member Molina and passed unanimously. CONSENT AGENDA: (ITEMS 3 - 25)K. Second Reading Ordinances - Consent Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Staff withdrew Item 9. Council members requested that Items 10, 11, 16, 18 and 24 be pulled for individual consideration. City Secretary Rebecca Huerta announced that Council Member Smith would abstain from Item 12, Council Member Molina would abstain from Items 15 and 18 and Mayor McComb would abstain from Item 17. A member of the public requested that Item 24 be pulled for individual consideration. A motion was made by Council Member Garza, to approve Consent Agenda Items 3 - 8, 13 - 14, 19 - 23, and 25, seconded by Council Member Guajardo. These consent agenda items were passed and approved by one vote as follows: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 3.Ordinance amending the Unified Development Code pursuant to the annual review process to only require a Certificate of Appropriateness if modifications are occurring to the exterior of a building that is designated a historic landmark; and providing for penalty. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031898 Page 4City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes 4.Ordinance amending Corpus Christi Code to adopt the 2018 International Swimming Pool and Spa Code, to amend swimming pool standards, to amend the definition of industrialized housing, and to modify affirmative defense for lemonade stand permitting; and providing for penalty. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031899 5.Ordinance amending Chapter 14 of Corpus Christi Code to create a fee waiver for residential building permits to construct an accessibility ramp and to reduce permit fees for moving structures. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031900 6.Ordinance approving the continued receipt of bingo prize fees; authorizing notification of the Texas Lottery Commission of such approval; and amending the Corpus Christi Code to add Section Sec. 17-43 Bingo Prize Fee. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031901 7.Ordinance approving the sale of lot of approximately 0.391 acres at or near 6099 Ennis Joslin Road for the highest cash offer received by real estate broker of $75,000 to Corpus Christi Pregnancy Center, Inc., a Texas Nonprofit Corporation This Ordinance was passed on second reading on the consent agenda. Enactment No: 031902 Contracts and Procurement - Consent 8.Motion approving a three-year service agreement in an amount not to exceed $3,659,703.30 with Sec Ops, Inc., of Corpus Christi, Texas, to provide onsite armed and unarmed uniformed security guard services at 11 City facilities, effective upon notice to proceed, with first-year funding in the amount of $1,046,994.76 available through the Water Fund, Airport Fund, General Fund and Asset Management-Facility Fund. This Motion was passed on the consent agenda. Enactment No: M2019-160 9.Motion authorizing a three-year service agreement with David Aaron Alvarez dba Cut Masters Lawn Service , for mowing and grounds Page 5City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes maintenance services of street rights-of-way, circles and medians for Storm Water Group 5A located on Saratoga, Crosstown, Staples, Weber and Ayers, for a total amount not to exceed $410,482.80, effective upon issuance of notice to proceed, with the first-year funding in the amount of $136,827.60 through the FY 2020 Storm Water Fund. This Motion was withdrawn. 10.Resolution authorizing a five-year service agreement with Cummins Southern Plains, LLC dba Cummins Sales and Service of Arlington, Texas, for a total amount not to exceed $296,755.00, for preventative maintenance and purchase of parts for the five Cummins emergency generator sets located at O.N. Stevens Water Treatment Plant and Sand Dollar Pump Station, effective upon issuance of notice to proceed, with the first-year funding in the amount of $59,351.00 available through the Water Fund. Mayor McComb referred to Item 10. A council member, Director of Water Utilities Kevin Norton, Executive Director of Utilities Dan Grimsbo and Interim Director of IT Peter Collins discussed the following topics: if the generators are in/will be entered into Maximo to track maintenance; the reason a qualified contractor is needed to maintain the pumps; the purpose of the pumps; asset life cycle management; and the City maintaining a historical record of maintenance performed. There were no comments from the public. Council Member Hernandez made a motion to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 031903 11.Motion authorizing a three-year service agreement with Odessa Pumps and Equipment, Inc., of Houston, Texas, for on-call pump repair services of 144 pumps located at wastewater and storm water facilities, in an annual amount not to exceed $276,900 with the total contract amount not to exceed $844,200.00, effective upon issuance of notice to proceed, with funding available in the Wastewater and Storm Water Funds. Mayor McComb referred to Item 11. A council member, Director of Water Utilities Kevin Norton, Executive Director of Utilities Dan Grimsbo, and Interim Director of IT Peter Collins discussed the following topics: if the pumps are/will be entered into Maximo to track maintenance; the reason a contractor is need to perform maintenance; the size Page 6City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes of the pumps; documenting maintenance in Maximo; and a request for a report when all serial numbers and other relevant data has been entered into Maximo. There were no comments from the public. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2019-161 12.Motion authorizing a three-year service agreement with Miller Environmental Services, LLC, of Corpus Christi, Texas, for on-call emergency spill response and remediation services for the Utilities Department in an amount not to exceed $93,900.00, effective upon issuance of notice to proceed, with first-year funding in the amount of $31,300.00 available in the Storm Water Fund. Mayor McComb referred to Item 12. There were no comments from the Council or the public. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Roy 8 - Abstained:Council Member Smith1 - Enactment No: M2019-162 13.Resolution authorizing a two-year supply agreement with Pencco, Inc., of San Felipe, Texas, for the purchase of fluoride to be used during the water treatment process, for a total amount not to exceed $388,800.00, effective upon issuance of notice to proceed and funded through the Water Fund. This Resolution was passed on the consent agenda. Enactment No: 031904 14.Motion authorizing a three-year supply agreement with Gulf Coast Paper Co., of Corpus Christi, Texas, for the purchase of paper goods and janitorial supplies for the City Warehouse as a central distribution for City departments, for a total amount not to exceed $750,000.00, effective Page 7City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes upon issuance of notice to proceed, with first-year estimated in the amount of $250,000.00 with funding available through the Stores Fund. This Motion was passed on the consent agenda. Enactment No: M2019-163 15.Motion authorizing a two-year service agreement with three one-year options, in an amount not to exceed $2,000,000.00 for the initial term and a total potential value not to exceed $5,000,000.00, with South Texas Metal Roofing, of Corpus Christi, Texas, to perform on-call roof repair services to City owned facilities, effective upon issuance of a notice to proceed, with the first-year funding available through various departments’ FY 2020 funds. Mayor McComb referred to Item 15. There were no comments from the Council or the public. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter and Council Member Roy 7 - Absent:Council Member Smith1 - Abstained:Council Member Molina1 - Enactment No: M2019-164 16.Motion authorizing a two-year service agreement, with three one-year options, in an amount not to exceed $1,000,000.00 for the initial term, and a total potential value not to exceed $2,500,000.00, with G6 Construction, of Corpus Christi, Texas, to perform on-call building maintenance and repair services to City owned facilities, effective upon issuance of notice to proceed, with the first-year funding available through various departments’ FY 2020 funds. Mayor McComb referred to Item 16. Director of Asset Management Jim Davis stated that the purpose of this Item is improve City buildings, in their material condition and appearance, via a comprehensive building enhancement program that will address improvements, appearances and preventive maintenance, including the City Hall building and campus. A council member, Director Davis and Director of Contracts and Procurements Kim Baker discussed if projects, undertaken through this contract, exceeding $50,000 are required to be presented to Council for review and approval; and the value of individual projects, undertaken through this contract, in relation to the contract's total not-to-exceed value. Page 8City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes There were no comments from the public. Council Member Smith made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2019-165 17.Motion authorizing a two-year service agreement with Advance Paving and Construction to provide on-call moving and relocation services for a total amount not to exceed $150,000.00, with options to extend for up to three additional one-year periods at $75,000.00 per option year, for a total amount not to exceed $375,000.00, upon issuance of notice to proceed, with funding available in the Facility and Property Management Fund. Mayor McComb referred to Item 17. There were no comments from the Council or the public. Council Member Hunter made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye:Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:Mayor McComb1 - Enactment No: M2019-166 18.Motion authorizing a two-year service agreement with STBP, Inc.for door repair services for City owned facilities, for an amount not to exceed $150,000.00, with three additional one-year option years for a potential total amount not to exceed $375,000.00, effective upon issuance of a notice to proceed, with the first-year funded through the Facility and Property Management Fund. Mayor McComb referred to Item 18. There were no comments from the Council or the public. Council Member Smith made a motion to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Roy and Council Member Smith 8 - Page 9City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes Abstained:Council Member Molina1 - Enactment No: M2019-167 Capital Projects - Consent 19.Motion awarding a contract to Govind Development, LLC, to design levee improvements for the Salt Flats Levee Improvements project, located in City Council District 1, in the amount of $267,470, to begin upon issuance of notice to proceed, with funds available in the Type A Seawall fund. This Motion was passed on the consent agenda. Enactment No: M2019-168 20.Motion awarding a contract to LNV, Inc., for the design of roadway and utility improvements on Gollihar Road from Greenwood Drive to Crosstown Expressway, in City Council District 3, in the amount of $568,065, effective upon issuance of notice to proceed, with funding available from Bond 2018, Proposition A and Utility Capital Program funds. This Motion was passed on the consent agenda. Enactment No: M2019-169 21.Motion awarding an engineering contract in the amount of $376,055 to Urban Engineering for developing bid documents for reconstruction of Junior Beck Drive from Bear Lane to the Dead End and for the extension of Jr. Beck Drive to Old Brownsville Road, to be bid as an additive alternate. The project is in District 3, the contract will begin upon notice to proceed, and funding is available from Street Bond 2018, Proposition B and Utility Capital Improvement Budgets. This Motion was passed on the consent agenda. Enactment No: M2019-170 22.Motion awarding a contract to Munoz Engineering for design, bid, and construction phase services for reconstruction of Callicoatte Road from IH37 to Up-River Road in the amount of $154,712.05, located in City Council District 1, effective upon issuance of Notice to Proceed, with funds approved and available in Bond 2018 and Utility Capital Improvement Funds. This Motion was passed on the consent agenda. Enactment No: M2019-171 General Consent Items Page 10City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes 23.Motion authorizing the execution of voluntary collection agreements with Airbnb, Inc., HomeAway.com, Inc., and other entities to provide for the reporting, collection, and remittance of hotel occupancy taxes to the City. This Motion was passed on the consent agenda. Enactment No: M2019-172 24.Motion authorizing a Management Services Agreement with the Corpus Christi Area Convention and Visitors Bureau for a period ending September 30, 2024 in an amount totaling 44% of the City’s 7% portion of Hotel Occupancy Tax revenue and approving the bylaws. Mayor McComb referred to Item 24. Mayor McComb called for comments from the public. James Hooper, 4810 Kerrville Dr., thanked City staff for their work on this Item; asked Council to consider a shorter contract term; and recommended approval of the agreement. Council members, Business Liaison Arlene Medrano, City Manager Peter Zanoni, City Attorney Miles K. Risley and Interim Chief Executive Officer (CEO) of the Corpus Christi Convention and Visitors Bureau (CVB) Alyssa Barrera Mason discussed the following topics: the pros and cons of waiting to approve the agreement until after the CVB hires a new CEO; the status of whether a city council member, who serves as a voting member of the CVB's board of directors, can vote on CVB-related matters brought before the Council and that the City Attorney will provide a written response related thereto; completing a return-on-investment analysis for CVB events; a three-year agreement, with two one-year optional renewals versus a five-year agreement; the less amount of certainty a shorter term agreement provides; the term of the agreement as communicated to prospective CVB CEO candidates; the termination clause in the City's proposed agreement with the CVB; and the contract termination process and related safeguards in the agreement. Council Member Molina made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2019-173 25.Resolution inviting the City of Linz, Austria to become a Sister City of the City of Corpus Christi, Texas. This Resolution was passed on the consent agenda. Enactment No: 031905 Page 11City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes EXECUTIVE SESSION: (ITEM 34)Q. Mayor McComb deviated from the agenda and referred to Executive Session Item 34. The Council went into executive session at 1:46 p.m. The Council returned from executive session at 2:25 p.m. 34.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 case of Beeville Water Supply District appeal of Raw Water Rates adopted by City of Corpus Christi filed with the Public Utility Commission of Texas, and other lawsuits and potential lawsuits, including potential consideration of documents related to settlement of the aforementioned case, including documents involving the sale of raw water to said Water Supply District. This E-Session Item was discussed in executive session. RECESS FOR LUNCHL. The recess for lunch was held during Executive Session Item 34. PUBLIC HEARINGS: (ITEMS 26 - 27)M. 26.Case No. 0819-04, Mirabal Development Group, LC (District 5). Ordinance rezoning property at or near 6805 Sandra Lane from the "RS-6" Single-Family 6 District to the “RM-1” Multifamily 1 District. Mayor McComb referred to Item 26. Director of Development Services Al Raymond stated that the purpose of this Item is to rezone property at 6805 Sandra Lane from "RS-6" to "RM-1" to allow for the construction of two four-unit buildings. Director Raymond presented information on the following topics: aerial overview; specifics regarding subject property at 6805 Sandra Lane; zoning pattern; and Planning Commission's and staff's recommendation to approve. Council members and Director Raymond discussed the following topics: the comments on notices of opposition that were returned by the public; and if a single-family home can be constructed in the "RM-1" Multi-Family 1 District. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Hernandez 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: Page 12City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 27.Ordinance pertaining to North Beach designating a 1,423 acre area within the jurisdiction of the City of Corpus Christi Tax Increment Reinvestment Zone (TIRZ) Number 4; setting a maximum City financial participation of $20,000,000 via a scaled contribution for a period not to exceed 20 years; establishing a Board of Directors for the TIRZ; and, establishing a preliminary Project and Financing Plan . This item will now be discussed on item 33 of this agenda. This Item was withdrawn. REGULAR AGENDA: (NONE)N. FIRST READING ORDINANCES: (ITEMS 28 - 31)O. 28.Ordinance authorizing acceptance of a grant in the amount of $48,889.40 grant from the State of Texas, Criminal Justice Division for Violence Against Women (VAWA) Program with a cash match of $17,808.91 and in-kind match of $2,160; appropriating $48,889.40 in the Police Grants Fund; and authorizing a transfer of $17,808.91 from the General Fund to the Police Grants Fund. Mayor McComb referred to Items 28 - 31. There were no comments from the Council or the public. Council Member Molina made a motion to approve Items 28 - 31, seconded by Council Member Guajardo. These Ordinances were passed on first reading by one vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 29.Ordinance authorizing the acceptance of a grant in the amount of $40,000 from the Office of the Governor’s Homeland Security Grants Division for FY2020 Local Border Security Program; and appropriating $40,000 in Police Grants Fund. Page 13City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes This Ordinance was passed on first reading and approved by one vote (see Item 28). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 30.Ordinance approving the purchase of ten replacement trailers not to exceed $153,963.00 to be used daily by the Utilities Department to transport heavy equipment to worksites from H & V Equipment Service, Inc. via the Buy Board Cooperative; appropriating $59,180.20 from the unreserved fund balance in the Water Fund, $70,969.00 from the unreserved fund balance in the Wastewater Fund and $23,813.80 from the unreserved fund balance in the Storm Water Fund; and amending the FY 2019-2020 operating budget to increase expenditures. This Ordinance was passed on first reading and approved by one vote (see Item 28). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 31.Ordinance approving the purchase of four 2019 Ford F-150 regular cab pick-up trucks in an amount not to exceed $110,837.00 to be used by Construction Inspectors in Engineering Services from Silsbee Ford of Silsbee, Texas via the GoodBuy Purchasing Cooperative; appropriating $110,837.00 from the unreserved fund balance in the Engineering Services; and amending the FY 2019-2020 operating budget to increase expenditures. This Ordinance was passed on first reading and approved by one vote (see Item 28). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 BRIEFINGS: (ITEMS 32 - 33)P. 32.Utility Bills Update Page 14City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes Mayor McComb referred to Item 32. Director of Water Utilities Kevin Norton presented information on the following topics: the presentation's agenda; issue: citizens inquired about "high water bills"; summary results; 103 high bill inquiries directly to Mayor, Council and City Manager; water usage audit request from July - September 2019; utility services bill; water portion of utility services bill; and an example of water usage from 7/8/19 - 10/8/19. Assistant Director of Maintenance of Lines Wesley Nebgen presented information on the following topics: automatic meter reading (AMR); why use AMR; water usage audit procedure; quality control; meter facts; STAR database - meter readings; STAR database - sprinkler system; toilet running for 3 days at 3 gallons per minute; water accidentally left on; Hamilton Warehouse consumption example; and a video on water meters. Director Norton reminded everyone that, as of October 14, 2019, the City's Utility Billing Office is part of the Water Utilities Department. A council member, Executive Director of Utilities Dan Grimsbo, and Director Norton discussed changes to the wastewater portion of utility bills resulting from the change to winter quarter averaging; explaining utility bills to customers; and the date winter quarter averaging will be implemented. 33.Potential Tax Increment Reinvestment Zone on North Beach and Related Studies Mayor McComb referred to Item 33. Business Liaison Arlene Medrano stated that the purpose of this Item is to present information on and discuss a potential Tax Increment Reinvestment Zone on North Beach and to provide an update on related studies. Business Liaison Medrano presented information on the following topics: City Council goal #3; North Beach background; local economic development toolbox; tax increment financing (TIF); how TIF works; procedure for creating a Tax Increment Reinvestment Zone (TIRZ); TIRZ#1 - Texas State Aquarium; TIRZ#2 - Padre Island; TIRZ#3 - Downtown; values, revenues, city contribution to date, growth of net taxable values and major projects for active city TIRZs; TIRZ on North Beach (TIRZ#4) feasibility study; TIRZ#4 financing plan; proposed TIRZ#4 on North Beach; TIRZ#4 revenue projections and City participation; TIRZ#4 and General Fund revenue; TIRZ#4 project plan proposals; TIRZ comparisons with other Texas cities; and next steps. Director of Engineering Services Jeff Edmonds presented the breakwater study update. Chip Urban, Urban Engineering, presented information on the following topics: North Beach drainage study update; expansion of existing system (Option 1); new open drainage ditch (Option 2); and new navigable channel (Option 3). City Manager Peter Zanoni discussed: revenue expected from the proposed TIRZ#4; projects reimbursable through the proposed TIRZ#4; that the proposed TIRZ#4 is reimbursement based - no City monies will be spent up front; and a timeline for creation of the proposed TIRZ#4. Page 15City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes A council member discussed the importance of drainage improvements on North Beach. Mayor McComb called for comments from the public. The following members of the public spoke in favor of a potential tax increment reinvestment zone on North Beach: Sam Dalton, 8002 Villefranche Dr.; Randy Ramirez, 4925 Concord; Peter Davidson, 1525 N. Shoreline Blvd.; Irma Caballero, 4966 Oakmont Dr.; Susan Trevino, 7321 Shayan; Rene Trevino, 7321 Shayan; Shelley Kiumnow, 4242 Gulfbreeze Blvd. #704; Larry Urban, Urban Engineering; Carolyn Vaughn, Chairman of the North Beach Task Force; Robert Cagle, 6322 Grandvilliers Dr.; Jesse Gilbert, 2710 N. Shoreline Dr., Texas State Aquarium's Chief Operating Officer; Jonathan Gonzalez, 13753 Cayo Gorda Ct.; Bob Jones, 3710 Seagull Blvd.; Hank Harrison, 901 Driftwood Pl.; Sandy Powell; Carrie Robertson Meyer, 4401 Gulfbreeze Blvd., Secretary of the North Beach Community Association; Cassandra Champion, USS Lexington; Patricia Gonzalez, USS Lexington; Ron Grassman, 202 Surfside Blvd.; Robert Kymes, 6635 S. Staples St., Apt. 931; Kirk Bourland, 425 Schatzel St.; Julie Williams, 4101 Cross River Dr.; James Magill, 451 Southern St.; Mark Roach, 1833 North Padre Island Drive; Steve Banta, USS Lexington; Barbara Canales, 4920 Ocean Dr.; Chad Magill, 641 Texas Ave.; Philip Ramirez, 322 Santa Monica Pl.; Jeff Blackard, 555 N. Carancahua St., Blackard Global; Juan Olivares; David Cowing, 202 Reef Ave.; and Toni Brisco, USS Lexington. Council members, City Manager Peter Zanoni and City Attorney Miles K. Risley discussed the following topics: options to resolve North Beach flooding; awaiting Urban Engineering's full report; accusations related to Council and City staff; the importance of communication; Council's support for upgrades and a TIRZ#4 on North Beach; the effect of development on ad valorem tax revenues; flood mitigation and economic development on North Beach; that when this item was first placed on this agenda, it was an action item, but was later changed to a briefing; the joint workshop session between the Nueces County Commissioners' Court and the City Council regarding a potential TIRZ#4 on North Beach that is planned for October 24, 2019; utilizing a canal as a form of flood control; thanks to the North Beach Task Force; Del Mar College's involvement in a potential TIRZ on North Beach; funding sources in the financing plan for drainage and a canal on North Beach; that the financing plan needs to address needs on North Beach; support for a TIRZ on North Beach; concern regarding the Council's inability to take a vote, during this meeting, on the proposed TIRZ on North Beach; that the proposed TIRZ on North Beach is not a funding source for the proposed canal; the costs of North Beach drainage options; North Beach's history; a City memorandum regarding North Beach infrastructure; the City's support for the North Beach Task Force; the City sharing information with the North Beach Task Force; the reasons for a delay in the City Council taking a vote on the proposed TIRZ on North Beach; documents provided to Urban Engineering; wastewater issues on North Beach; if a traffic study has been completed on North Beach; if the Council can vote today on the proposed TIRZ on North Beach; if a motion of direction can be voted on today relating to the proposed TIRZ on North Beach; taking a vote after the related executive session on today's agenda; legal requirements relating to conducting a public hearing regarding a vote on the creation of a TIRZ on North Beach; the purpose of a joint meeting with Nueces County Commissioners; what information, that was presented to Council today, was Page 16City of Corpus Christi Printed on 10/23/2019 October 15, 2019City Council Meeting Minutes new information; and a timeline for creating a TIRZ on North Beach. MOTION OF DIRECTION Council Member Roy made a motion directing the City Manager to follow the schedule presented to Council today in the Next Steps slide, seconded by Council Member Hunter. Council members discussed the following additional topics: how anticipated tax revenues from the proposed TIRZ on North Beach will be spent; using monies for drainage and/or breakwater; Del Mar College's participation in the proposed TIRZ on North Beach; and the importance of the motion of direction in providing what the Council's path forward is. The motion of direction passed unanimously. EXECUTIVE SESSION: (ITEM 36)Q. 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 existing/potential incentive agreement(s) for development(s) on North Beach, La Vista Point, LP and/or related entities, and/or proposed Tax Increment Reinvestment Zone #4, drainage matters related thereto, and pursuant to Texas Government Code § 551.072 to discuss and deliberate the potential purchase and/or value of real property to be potentially acquired by the City or City-affiliated entities in aforesaid locations when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, 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). This E-Session Item was not considered. IDENTIFY COUNCIL FUTURE AGENDA ITEMSR. This Item was not considered. ADJOURNMENTS. The meeting was adjourned at 5:24 p.m. Page 17City of Corpus Christi Printed on 10/23/2019 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, October 1, 2019 SPECIAL CITY COUNCIL MEETING Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:34 a.m. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church.B. Dr. Gloria Scott gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Jeffrey Edmonds, Director of Engineering Services. C. Mr. Jeffrey Edmonds led the Pledge of Allegiance to the Flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina, and Council Member Greg Smith Present:8 - Council Member Everett RoyAbsent:1 - Proclamations / CommendationsE. 1.Proclamation declaring October 1, 2019, "Charlie's Place Recovery Center's 1-Year Anniversary as Cenikor Foundation". Proclamation declaring October 6-12, 2019, "National Fire Prevention Week". Proclamation declaring October 7-11, 2019, "Court Observance Week". Mayor McComb presented the Proclamations. Page 1City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Mayor McComb deviated from the agenda and referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: OTHERa. 1) Today is the first day of the FY2019/2020 fiscal year. 2) City Manager Zanoni is implementing implementation plans for initiatives in the FY2019/2020 budget and will provide quarterly briefings to Council. 3) The City's water system continues to maintain its "superior" rating from the Texas Commission on Environmental Quality. 4) Animal Care Services will be hosting an "Empty the Shelters Day" event on Saturday, October 12, 2019 at 2626 Holly Rd., from 11:00 a.m. - 6:00 p.m.; pet adoption fees will be reduced and free microchipping of animals will be available. 5) "National Night Out" will be observed tonight at Academy Sports and Outdoors at 5001 South Padre Island Drive from 4:00 p.m. - 6:00 p.m. 6) City Manager Zanoni reported that he recently met with the mayor, mayor pro tem and the city manager of Port Aransas, Texas and the city manager of Ingleside, Texas in an effort to develop strong and beneficial working relationships with those neighboring communities. 7) Council Member Roy recently hosted an industrial partners meeting, during which the following topics were discussed: air quality; industrial district agreements; and emergency response provided by the Refinery Terminal Fire Company. The next quarterly industrial partners meeting has been scheduled by Council Member Roy for February 2020. PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. 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 Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. F. 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. Roland Chaisson, 5901 Lucille Dr., spoke regarding a fine and muncipal court case related to a set out violation. Richard Balli, Chairman of the Committee for Persons with Disabilities, spoke in support of Item 23 creating a fee waiver for residential building permits to construct an accessibility ramp and to reduce permit fees for moving structures. Gloria Scott, 4422 S. Alameda St., spoke regarding reconsideration of Item 5 on the September 24, 2019 city council agenda relating to the passage of an ordinance enacting certain prohibitions at Blucher Park; the use of the park for birding; requested the installation of two temporary restrooms at Blucher Park; and suggested that the Spohn Memorial Hospital facility be used as a place for homeless individuals to live. Margareta Fratila, 3606 Tripoli Dr., thanked the City Secretary's Office for Page 2City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes providing information to her; and spoke regarding the need for an ordinance mandating that addressees be displayed on buildings and residences in Corpus Christi, including fining individuals who do not comply. James T. C. Chadden, 1718 Arlington Dr., thanked council members for attending the recent Veterans' Suicide Prevention Summit; and spoke in support of Item 23 creating a fee waiver for residential building permits to construct an accessibility ramp and to reduce permit fees for moving structures. Mimosa Thomas, 710 Ponder St., displayed a Facebook post from The Audubon Outdoor Club relating to Item 5 on the September 24, 2019 city council agenda relating to the passage of an ordinance enacting certain prohibitions at Blucher Park; about Council indicating, during its consideration of the ordinance, that the ordinance was about deed restrictions, not about homeless individuals; and that a council member is a member of The Audubon Outdoor Club and should have recused himself from voting on the ordinance. A council member clarified that he is not a member of The Audubon Outdoor Club. MINUTES: (NONE)H. BOARD & COMMITTEE APPOINTMENTS:I. 2.Corpus Christi Convention & Visitors Bureau (7 Vacancies) Ethics Commission (3 vacancies) Nueces County Tax Appraisal District (2 vacancies) Senior Companion Program Advisory Committee (1 vacancy) Mayor McComb referred to Item 2. Corpus Christi Convention & Vistors Bureau Council Member Smith made a motion to reappoint Raju G. Bhagat (Hotel Industry), Melody Nixon-Bice (Hotel Industry), Lynn Frazier (At-Large); Kendra Kinnison (Hotel Industry), Johnny Philipello (Attraction Industry) and Fred F. Soward III (Restaurant Industry), seconded by Council Member Barrera and passed unanimously (Council Member Hunter - abstained; Council Member Roy - absent). Council Member Smith nominated Wes Weigle (Attraction Industry). Council Member Hernandez nominated Michael Womack (Attraction Industry). Wes Weigle (Attraction Industry) was appointed, with Mayor McComb and Council Members Guajardo, Barrera, Smith and Molina voting for Wes Weigle and Council Members Garza and Hernandez voting for Michael Womack (Council Member Hunter - abstained; Council Member Roy - absent). Ethics Commission Council Member Smith made a motion to reappoint Rob Bailey, Richard G. Hood and Craig Rogers, seconded by Council Member Garza and passed unanimously (Council Member Roy - absent). Nueces County Tax Appraisal District Council Member Garza made a motion to reappoint Robert Adler and Gerardo Page 3City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes "Jerry" Garcia, seconded by Council Member Smith and passed unanimously (Council Member Roy - absent). Senior Companion Program Advisory Committee Council Member Molina made a motion to appoint Stephanie M. Brown, seconded by Council Member Barrera and passed unanimously (Council Member Roy - absent). EXPLANATION OF COUNCIL ACTION:J. CONSENT AGENDA: (ITEMS 3 - 19 and 27)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. A council member announced he would abstain on Item 10. Mayor McComb announced that Item 27 was to be included in the Consent Agenda. Staff withdrew Item 18. Council members requested that Items 4, 6, 12, 13 and 27 be pulled for individual consideration. A motion was made by Council Member Garza, seconded by Council Member Hunter, to approve the Consent Agenda, with the exception of Items 4, 6, 12, 13 and 27. The motion carried by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Absent:Council Member Roy1 - Abstained:0 3.Ordinance authorizing a Water Arterial Transmission and Grid Main Construction Reimbursement Agreement, a Water Distribution Main Line Construction Reimbursement Agreement, and a Wastewater Collection Line Extension Construction Reimbursement Agreement with Dorsal Development LLC to extend a grid main line along Yorktown Boulevard, extend a wastewater collection line from lift station number 13 located near Master Channel 31 and Slough Road, and install offsite water distribution and wastewater collection lines for a planned residential subdivision with completion dates of October 30, 2020; appropriating $147,999.99 from the Water Arterial Transmission & Grid Main Trust Fund, $43,010.00 from the Water Distribution Main Trust Fund, and $139,341.76 from the Sanitary Sewer Collection Line Trust Fund to reimburse developer per agreements. (District 5) This Ordinance was passed on second reading on the consent agenda. Enactment No: 031886 5.Ordinance accepting a donation from NuStar Energy L.P. to be used for Page 4City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes the purchase of smoke detectors in the amount of $1,400; and appropriating the funds into the Fire Grant Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031888 7.Ordinance to amend City Code of Ethics regarding Financial Disclosure forms as recommended by the Ethics Commission to allow electronic filing in lieu of paper filing, to include statement regarding conflict of interests, to shorten candidate deadline for filing financial disclosure report from 5 days to 3 days within filing for office, to allow for unsworn declaration, to allow for shortened report if no changes since last complete report, and to change filing date from last Friday in April to last Friday in March. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031890 8.Ordinance authorizing the acceptance of a grant from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) in the amount of $410,973 to continue the motor vehicle theft enforcement grant within the Police Department, with a City cash match of $717,396 available in the FY2020 Police General Fund, in-kind match of $62,046 for a total project cost of $1,128,369; designating the Chief of Police as Program Director and Director of Finance as financial officer for this grant; and appropriating $410,973 in the Police Grants Fund; and declaring an emergency. This Ordinance was passed on emergency on the consent agenda. Enactment No: 031891 9.Resolution authorizing a five-year service agreement with HLP, Inc., for Chameleon Software, an Animal Care Services Shelter Case Management System, for a total not to exceed amount of $57,600.00, effective upon issuance of notice to proceed, with fiscal-year funding in the amount of $11,520.00 through the FY 2020 General Fund. This Resolution was passed on the consent agenda. Enactment No: 031892 11.Resolution authorizing the purchase up to $400,000 in food supplies for the senior and summer youth nutrition programs through the participation in the TEXAS 20 Purchasing Cooperative Beginning October 1, 2019 and ending September 30, 2020. This Resolution was passed on the consent agenda. Enactment No: 031894 Page 5City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes 14.Resolution authorizing a three-year service agreement with PCI, LLC, for maintenance and support services of myRevenueCollector, a cashiering software used with Infor Billing and Financial systems, in an amount not to exceed $62,132.67, with the first-year funding in the amount of $20,101.81 available in the Info Tech Fund. This Resolution was passed on the consent agenda. Enactment No: 031895 15.Motion authorizing a five-year service agreement with Paradigm Traffic Systems, Inc, for the purchase of a School Zone Flasher System, including the hardware, cloud-based software, Cellular communication and support, for Street Operations in an amount not to exceed $313,500.00, effective upon issuance of notice to proceed, with funding available in the Streets Fund. This Motion was passed on the consent agenda. Enactment No: M2019-157 16.Motion approving Amendment No. 1 to a contract with Urban Engineering for design, bid and construction phase services for the reconstruction of Strasbourg Drive from Riom Street to Grenoble Drive in the amount of $111,625 for a total restated fee of $134,800, located in City Council District 5, effective upon the notice to proceed, with funding approved and available in Street Bond 2018, Proposition A, Part 1 and Utility Capital Improvement Budgets. This Motion was passed on the consent agenda. Enactment No: M2019-158 17.Motion awarding a contract to LJA Engineering, Inc. for design, bid, and construction phase services for Laguna Shores Road - Graham Road to South Padre Island Drive in the amount of $304,710 and Laguna Shores Road - Mediterranean Drive to Wyndale Street in the amount of $466,540 for a total fee of $771,250, located in City Council District 4, effective upon issuance of notice to proceed, with funding available from Bond 2018, Propositions A & B and the Utility Capital Program. This Motion was passed on the consent agenda. Enactment No: M2019-159 18.Motion authorizing a two-year service agreement with Advance Paving and Construction to provide on-call moving and relocation services for a total amount not to exceed $150,000.00, with options to extend for up to three additional one-year periods at $75,000.00 per option year, for a total amount not to exceed $375,000.00, upon issuance of notice to Page 6City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes proceed, with funding available in the Facility and Property Management Fund. This Motion was withdrawn. Enactment No: M2019-166 19.Resolution authorizing a three-year service agreement with Kronos Incorporated, for Kronos software license renewal for payroll timekeeping, in an amount not to exceed $658,825.07, effective upon issuance of a notice to proceed, with Fiscal Year 2019-2020 funding in the amount of $210,825.96 available in the Info Tech Fund. This Resolution was passed on the consent agenda. Enactment No: 031896 10.Resolution authorizing payment of $639,187.92 for the annual renewal of Excess Liability and Worker’s Compensation through Broker of Record, Carlisle Insurance Agency for upcoming policy year October 1, 2019-September 30, 2020. Mayor McComb referred to Item 10. There were no comments from the Council or the public. Council Member Barrera made a motion to approve the resolution, seconded by Council Member Guajardo. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina and Council Member Smith 7 - Absent:Council Member Roy1 - Abstained:Council Member Hunter1 - Enactment No: 031893 4.Ordinance amending the Urban Transportation Plan map of MobilityCC, a transportation element of the City’s Comprehensive Plan, to remove the extension of Carroll Lane from Wickersham Drive to Kostoryz Road on the south/east side of the Kostoryz/Carroll Drainage Ditch as requested by Corpus Christi Independent School District and related to the development of a new high school campus. (Council District 3) Mayor McComb referred to Item 4. Council members, Director of Planning and ESI Daniel McGinn and Senior Planner Annika Yankee discussed the following topics: traffic mitigation measures on Kostoryz Rd. and related solutions not yet funded or engineered out; that such solutions will be figured out while the campus is constructed over the next 2 years; additional traffic from growth surrounding the campus; accounting for vacant land in the area around the campus; the City asking the Page 7City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes Corpus Christi Independent School District (CCISD) to build out a portion of Carroll Lane; the cost of building out Carroll Lane; that, by building out Carroll Lane, CCISD would lose 206 parking spaces; concerns regarding traffic congestion in the area; the irrevocability of the City giving up its right-of-way, as requested by CCISD; CCISD needing to properly manage traffic queueing at pick up and dropoff locations/times; staff having worked with CCISD regarding traffic mitigation measures; traffic-related challenges in relation to the close proximity of signalized intersections; the use of medians in relation to traffic queueing; current traffic congestion in the area; public safety; and the City having worked with CCISD and the Texas Department of Transportation on this project. Council Member Barrera made a motion to amend the ordinance to eliminate Carroll Lane from the south/east side of the Kostoryz/Carroll Ditch, within the proposed high school site, seconded by Council Member Smith and passed unanimously (Council Member Roy - absent). Council members and Director of Planning and ESI Daniel McGinn discussed the following topics: that the proposed amendment allows for future road options on the north side of the proposed campus; CCISD not having any responsibility for road building in relation to the proposed amendment; the City negotiating with CCISD to build out Wickersham Dr., across the ditch, to Masterson Dr./Carroll Lane; the need to address upgrades to Masterson Dr.; and adding a bridge across the ditch from Wickersham Dr. to Masterson Dr./Carroll Lane. Mayor McComb called for comments from the public. Margareta Fratila, 3606 Tripoli Dr., spoke in support of the motion to amend. The motion to amend passed unanimously (Council Member Roy - absent). Council Member Barrera made a motion to approve the ordinance as amended, seconded by Council Member Guajardo. This Ordinance was passed on second reading as amended and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina and Council Member Smith 7 - Nay:Council Member Hernandez1 - Absent:Council Member Roy1 - Abstained:0 Enactment No: 031887 6.Ordinance to adopt modified franchise ordinance with AEP Texas , Inc. to fix administrative errors in ordinance adopted on August 13, 2019. Mayor McComb referred to Item 6. A council member and City Attorney Miles K. Risley discussed the following topics: not wanting to raise rates on customers; the rate increase for an average customer; the current rate for an average customer; that this is a franchise fee that has not been adjusted since 1997; and the purpose and use Page 8City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes of franchise fee monies collected. There were no comments from the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina and Council Member Smith 7 - Nay:Council Member Hernandez1 - Absent:Council Member Roy1 - Abstained:0 Enactment No: 031889 12.Motion authorizing a three-year service agreement with Dorame General Repair & Lawn, LLC, of Corpus Christi, Texas, for mowing and grounds maintenance services of street rights-of-way, circles and medians for Downtown Group 4: South Bluff Park on Tancahua to Cabra Park on Broadway and Upper Broadway by Caller Times to City Hall, for a total amount not to exceed $385,184.97, effective upon issuance of notice to proceed, with funding in the amount of $128,394.99 for the first-year funded through the General Fund. Mayor McComb referred to Item 12. Council members and City Attorney Miles K. Risley discussed the following topics: if there is a need for this and all City contracts to specifically address the requirement that contractors comply with specific law relating to the use of illegal labor; the number of times this topic has been addressed by City staff and discussed by Council to date; prohibitions on the use of illegal labor as provided in existing law; the City's liability in relation to contractors' knowingly using illegal labor, in this context; subcontractors' responsibilities under the primary contract; the City verifying contractors' employees are U. S. citizens; and the extent to which the City should go to verify that contractors' employees are legal. There were no comments from the public. Council Member Barrera made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina and Council Member Smith 7 - Nay:Council Member Hernandez1 - Absent:Council Member Roy1 - Page 9City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes Abstained:0 Enactment No: M2019-156 13.Motion authorizing a Management Services Agreement with the Corpus Christi Area Convention and Visitors Bureau for a period ending September 30, 2024 in an amount totaling 44% of the City’s 7% portion of Hotel Occupancy Tax revenue and approving the bylaws. Mayor McComb referred to Item 13. Council members, Interim Executive Director of the Corpus Christi Convention & Visitors Bureau (CVB) Alyssa Barrera Mason, Business Liaison Arlene Medrano, City Manager Peter Zanoni, Assistant City Attorney Aimee Alcorn-Reed and the CVB's Legal Counsel John Bell discussed the following topics: that the CVB should perform a return on investment analysis of its activities; contract management by the CVB; that the CVB is currently hiring a Finance & Compliance Manager; the duration of time the CVB and others have been addressing the CVB's finance-related issues; the creation of the CVB's Finance Subcommittee; recommendations from the City's Internal Auditor and City Council Audit Committee related to financial deficiencies in relation to the contract between the CVB and City; if a council member serving on the CVB's Board of Directors should abstain from votes taken by the City Council in relation to the CVB; a request from a council member that the CVB submit to Council a profit and loss report for future CVB events and a YTD expenditure and income summary; a suggestion that the CVB's soon-to-be-hired Finance & Compliance Manager should report directly to the CVB's Board of Directors; a council member's service on the CVB board of directors versus on the Corpus Christi B Corporation's board of directors; if a council member to be appointed to the CVB's board of directors could vote on this item and future CVB-related items and related provisions in the City's Code of Ethics; the financial benefit to a council member, personally versus to the City, of that council member serving on the CVB's board of directors; the implications of a council member serving as a voting versus non-voting member of the CVB's board of directors; problems related to the mayor, or his designee, serving as a voting member of the CVB's board of directors and on the Executive Committee, in light of the fact that the Council appoints all other members of the CVB's board of directors; the importance of having the mayor and city manager, or designees, serve as voting members of the CVB's board of directors with respect to the interests of the City in relation to the funding provided by the City to the CVB; that the council member who is appointed to the CVB's board of directors would abstain from Council votes on CVB-related matters; and amending the City's Code of Ethics to allow the council member appointed to the CVB's board of directors to be able to vote on CVB-related matters that come before the Council. Council Member Smith made motion to approve the motion, seconded by Council Member Barrera. Mayor McComb called for comments from the public. James Hooper, 4810 Kerrville Dr., spoke regarding various recommendations related the agreement between the CVB and the City. Council members and City Manager Zanoni discussed the impact of delaying a Page 10City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes vote on this item until the next City Council meeting. Council Member Smith withdrew his motion to approve the motion and Council Member Barrera withdrew his second. Council Member Guajardo made a motion to table the Item to the Council meeting of October 15, 2019, seconded by Council Member Hernandez. This Motion was tabled with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Absent:Council Member Roy1 - Abstained:0 Enactment No: M2019-173 ADDENDUM: (ITEM 27)R. 27.Resolution amending the City Council Policies to add Policy 29 - Charitable Care Policy for City EMS specifying guidelines for waiving EMS charges for qualifying low-income patients. Mayor McComb deviated from the agenda and referred to Item 27. Fire Chief Robert Rocha stated that the purpose of the item is to amend the City Council Policies to add policy number 29, charitable care policy for EMS, specifying guidelines for waiving EMS charges for qualifying low-income patients; due to the Center for Medicare and Medicaid Services' requirement that EMS providers establish a charitable care policy in order to maintain eligibility for future Texas Ambulance Supplemental Payment Program (TASPP) reimbursements; the policy must be in writing and approved by the governing body overseeing the EMS provider for eligibility; the proposed charitable care policy will set criteria for receiving financial assistance for patients who meet certain socioeconomic thresholds; there will be little to no financial impact, if approved, on normal collections as the City traditionally collects less than 1% of the billed services from the population which this policy targets; and that, if not approved, the City will be ineligible for uncompensated care reimbursement through the TASPP for the reporting period beginning October 1, 2019, resulting in a potential loss of more than $1 million in FY2020/2021. Council members, Fire Chief Rocha and Assistant Fire Chief Kenneth Urban discussed the following topics: uncompensated care now being called charitable care; what gets written off as charitable care; how self-pay patients qualify for the charitable care designation; bad debt versus charitable care; and that the last change in billing companies has been positive with respect to actual revenue collections versus forecasts. There were no comments from the public. Council Member Guajardo made a motion to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with Page 11City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Absent:Council Member Roy1 - Abstained:0 Enactment No: 031897 PUBLIC HEARINGS: (ITEMS 20 - 21)M. 20.Zoning Case No. 0719-02 B&A Terra Firma Development, LLC: (District 4) Ordinance rezoning property at or near 2110 Laguna Shores Road from the “RE” Residential Estate District to the “RS-6” Single Family 6 District. Planning Commission and Staff recommend Approval. Requires 3/4 Vote for zoning change. Mayor McComb deviated from the agenda and referred to Item 20. Assistant Director of Development Services Nina Nixon-Mendez stated that, on September 30, 2019, the developer submitted a written request asking that this item be tabled. In response to a council member's question, City Attorney Miles K. Risley stated that the public hearing should be held prior to taking action or tabling the item. Assistant Director of Development Services Nina Nixon-Mendez presented information on the following topics: that the purpose is to allow for the construction of single-family homes; a history of the rezoning requests associated with this property; aerial overview; previous and current zoning requests related to the subject property at 2110 Laguna Shores Rd.; future land use; zoning pattern, effective Flood Insurance Rate Maps (FIRMs) and freeboard requirements; Planning Commission's and staff's recommendation to approve; and public notifications sent by and received by the City. A council member and Assistant Director Nixon-Mendez discussed the required three-fourths vote. Mayor McComb opened the public hearing. Reynaldo Figueroa, 221 Lola Johnson Rd.; Rebecca Root, 325 Lola Johnson Rd.; Darson Aelvoet, 281 Lola Jonson Rd.; and Jerry Hartung, 2101 Laguna Shores Rd., spoke in opposition to Item 20. Miguel Saldana, 4553 Moonlake Ridge, representing the developer and Juan Perales, 5866 S. Staples, J. Perales Engineering and Design Services, spoke in support of Item 20. Maggie Hartung, 2101 Laguna Shores Rd., questioned the reason for the developer's request to table Item 20. In response to a question from a council member, Mr. Perales stated that while a U. S. Fish and Wildlife Service initial evaluation has been completed, a wetland determination has not been completed Mayor McComb closed the public hearing. Page 12City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes Council members and Assistant Director Nixon-Mendez discussed the following topics: the topography of the area in relation to the subject property; the original zoning designation of RS-6 when Flour Bluff was first annexed; that the subject property should be developed using a low-density zoning designation; that the subject property is in the flood hazard zone and its proximity to the velocity zone; tidal wetlands; wetlands; the number of houses proposed by the developer for the subject property; that there are not sidewalks on Laguna Shores Rd.; that the Flour Bluff Independent School District opposes Item 20; the cost to construct sidewalks along Laguna Shores Rd.; the developer's last-minute request to table Item 20; that fill is required to ensure homes are at or above 11 feet, in order to make homes safe; the need for a detailed engineering report identifying water detention/retention features; when a Conditional Letter of Map Revision (CLOMR) is required; existing drainage issues; the proposed development's effect on traffic on Hustlin' Hornet; that the proposed development is not the best use of the property and that it does not conform with the area development plan; if homes to be built on the subject property would be on slabs or piers; the size of the proposed homes; that J. Perales Engineering and Design Services and the developer have discussed building some structures, on at least a portion of the project, on pile foundations; that a formal traffic study has not been completed; if traffic associated with this proposed development meets the threshold in the Unified Development Code (UDC) for a traffic study; City staff's opinion that traffic associated with this potential development can be accommodated; the current zoning designation of the property; the potential for flooding in the area due to the proposed development; the Council's options related to this Item; and tabling this item. Council Member Garza made a motion to table this Item to the City Council meeting of October 15, 2019, seconded by Council Member Molina. Council members discussed the reasons for tabling the Item. The motion to table failed, with Mayor McComb and Council Members Smith, Guajardo and Hunter voting No; and Council Members Barrera, Garza, Hernandez and Molina voting Aye (Council Member Roy - absent). Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was not passed on first reading and failed with the following vote: Aye:Council Member Barrera, Council Member Garza and Council Member Hernandez 3 - Nay:Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Molina and Council Member Smith 5 - Absent:Council Member Roy1 - Abstained:0 FIRST READING ORDINANCES: (ITEMS 22 - 25)O. 25.Ordinance approving the sale of lot of approximately 0.391 acres at or near 6099 Ennis Joslin Road for the highest cash offer received by real Page 13City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes estate broker of $75,000 to Corpus Christi Pregnancy Center, Inc., a Texas Nonprofit Corporation Mayor McComb deviated from the agenda and referred to Item 25. City Attorney Miles K. Risley stated that this Item is one step in the sale process; that related zoning issues will be separate from this action authorizing the sale of the property; and that this is a contingency sale based on a future zoning change, which is separate. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Guajardo. Mayor McComb called for comments from the public. Paul Laudadio, 449 Louisiana Parkway, spoke in support of the Item; and regarding a defect in title associated with the property. Council members and City Attorney Risley discussed the following topics: that the subject property is both a park and a street; that the sale of park property is subject to an election; sale of a street may be effected via an ordinance; lack of case law regarding sale of property that is dedicated as both a park and a street; a title defect versus a title decision; and that the subject property is being sold as a street. Jana Penson, 3301 Floyd, Pregnancy Center of the Coastal Bend, spoke in support of the sale of the property. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Absent:Council Member Roy1 - Abstained:0 22.Ordinance amending Corpus Christi Code to adopt the 2018 International Swimming Pool and Spa Code, to amend swimming pool standards, to amend the definition of industrialized housing, and to modify affirmative defense for lemonade stand permitting; and providing for penalty. Mayor McComb deviated from the agenda and referred to Item 22. There were no comments from the Council or the public. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Page 14City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Absent:Council Member Roy1 - Abstained:0 23.Ordinance amending Chapter 14 of Corpus Christi Code to create a fee waiver for residential building permits to construct an accessibility ramp and to reduce permit fees for moving structures. Mayor McComb deviated from the agenda and referred to item 23. Mayor McComb called for comments from the public. William Bell, 7711 Weber Rd., spoke in support of the Item. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Absent:Council Member Roy1 - Abstained:0 24.Ordinance approving the continued receipt of bingo prize fees; authorizing notification of the Texas Lottery Commission of such approval; and amending the Corpus Christi Code to add Section Sec. 17-43 Bingo Prize Fee. Mayor McComb referred to Item 24. There were no comments from the public. A council member, Interim Director of Financial Services Alma Casas and City Attorney Miles K. Risley discussed the following topics: an ordinance addressing fees related to sweepstakes that take place in Corpus Christi; annual fees collected related to bingo; that fees are not applicable to illegal gambling; the legality of sweepstakes that take place in Corpus Christi. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Page 15City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes Absent:Council Member Roy1 - Abstained:0 RECESS FOR LUNCHL. The City Council recessed for lunch at 2:59 p.m. The City Council reconvened at 3:19 p.m. PUBLIC HEARINGS: (ITEM 21) 21.Ordinance amending the Unified Development Code pursuant to the annual review process to only require a Certificate of Appropriateness if modifications are occurring to the exterior of a building that is designated a historic landmark; and providing for penalty. Mayor McComb deviated from the agenda and referred to Item 21. Assistant Director of Development Services Nina Nixon-Mendez stated that the purpose of this Item is to update the Unified Development Code (UDC) to only require a Certificate of Appropriateness (C of A) if the exterior of an historic building is being modified. Assistant Director Nixon-Mendez presented information on the following topics: overview; C of A applicability; and that the Landmark Commission, Planning Commission and Staff recommend approval. Mayor McComb opened the public hearing. There were no comments from the public. A council member and Assistant Director Nixon-Mendez discussed the applicability of this Item to City-owned homes in Heritage Park. Mayor McComb closed the public hearing. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Absent:Council Member Roy1 - Abstained:0 REGULAR AGENDA: (NONE)N. Page 16City of Corpus Christi Printed on 10/23/2019 October 1, 2019City Council Meeting Minutes RECESS TO CORPORATION MEETING: (ITEM 26)P. Mayor McComb recessed the special council meeting at 3:23 p.m. to hold the annual board meeting of the Corpus Christi Housing Finance Corporation. 26.Annual Board Meeting of the Corpus Christi Housing Finance Corporation This Corporation Meeting was held. RECONVENE COUNCIL MEETING:Q. Mayor McComb reconvened the special city council meeting at 3:32 p.m. BRIEFINGS: (NONE)S. EXECUTIVE SESSION: (NONE)T. IDENTIFY COUNCIL FUTURE AGENDA ITEMSU. Mayor McComb referred to Identify Council Future Agenda Items. The following items were discussed: evaluating individuals being assessed fines for early brush set out by both the Solid Waste Department and Municipal Court; the City possibly assessing fees related to sweepstakes that take place in Corpus Christi; the City not picking up brush that is set out in compliance with the City's published brush pickup schedule; citizens' continuing concerns related to high water bills. ADJOURNMENTM. The meeting was adjourned at 3:40 p.m. Page 17City of Corpus Christi Printed on 10/23/2019 DATE:September 12, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Case No. 0819-04, Mirabal Development Group, LC (District 5). Ordinance rezoning property at or near 6805 Sandra Lane from the "RS-6" Single-Family 6 District to the “RM-1” Multifamily 1 District. SUMMARY: The purpose of the zoning request is to allow for the development of two four unit buildings. BACKGROUND AND FINDINGS: The subject property is 0.50 acres in size. The owner is proposing to construct two four unit multifamily buildings. The rezoning request is from the “RS-6" Single-Family 6 District to the “RM- 1” Multifamily 1 District. The current zoning “RS-6" Single-Family 6 District is primarily designed for single-family developments up to 7.26 dwelling units per acre. The proposed zoning of “RM- 1” Multifamily 1 District is a zoning district that is primarily designed for multifamily developments up to 22 dwelling units per acre. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial use. The proposed rezoning to the “RM-1” Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC). The rezoning would warrant an amendment to the land use map to high density residential use. The subject property is compatible with the adjoining residential properties and does not have a negative impact upon the adjacent commercial properties. The proposed multifamily development is consistent with the existing town home and planned unit developments along Sandra Lane to the east and the multifamily zoning along Sandra Lane to the north. The multifamily development will also serve as a buffer between the remaining single-family residences to the west and the “CG-2” zoning to the east and south along Saratoga Boulevard (State Highway 357). Public Input Process Number of Notices Mailed Rezoning a property at or near 6805 Sandra Lane AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 10/15/19 Second Reading Ordinance for the City Council Meeting 10/29/19 11 within 200-foot notification area 6 outside notification area As of September 12, 2019: In Favor 0 inside notification area 0 outside notification area In Opposition 2 inside notification area 0 outside notification area Totaling 15.75% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RS-6” Single- Family 6 District to the “RM-1” Multifamily 1 District on September 4, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RS-6” Single-Family 6 District to the “RM-1” Multifamily 1 District. (3/4 vote required) FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RS-6” Single- Family 6 District to the “RM-1” Multifamily 1 District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0819-04, Mirabal Development Group, LC (District 5). Ordinance rezoning property at or near 6805 Sandra Lane from the "RS-6" Single-Family 6 District to the “RM-1” Multifamily 1 District. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Mirabal Development Group, LC. (“Owner”), for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, September 4, 2019, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the " RS-6" Single-Family 6 District to the “RM-1” Multifamily 1 District, and on Tuesday, October 15, 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. 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 0.50 acre tract of land out of Lot 2 and the southeast half of Lot 3, Block 7, Bass Subdivision, as shown in Exhibits “A” and “B”, from the "RS-6" Single-Family 6 District to the “RM-1” Multifamily 1 District (Zoning Map No. 042032). The subject property is located along the south side of Sandra Lane, east of Airline Road and north of Saratoga Boulevard (State Highway 357). Exhibit A, a metes and bounds description of the Property, and Exhibit B, 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. Page 2 of 5 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\0819-04 Mirabal Development Group, LC\City Council\Ordinance - Mirabal Development Group, LC.docx Page 3 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 4 of 5 Exhibit A Page 5 of 5 Exhibit B PLANNING COMMISSION FINAL REPORT Case No. 0819-04 INFOR No. 19ZN1022 Planning Commission Hearing Date: September 4, 2019 Applicant & Legal Description Owner: Mirabal Development Group, LC Applicant: Mirabal Development Group, LC Location Address: 6805 Sandra Lane Legal Description: 6805 Sandra Lane and described as being a 0.50 acre tract of land out of Lot 2 and the southeast half of Lot 3, Block 7, Bass Subdivision. The subject property is located along the south side of Sandra Lane, east of Airline Road and north of Saratoga Boulevard (State Highway 357). Zoning Request From: “RS-6” Single-Family 6 District To: “RM-1” Multifamily 1 District Area: 0.50 acres Purpose of Request: To allow for the construction of two four unit buildings. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 Vacant Commercial North “RM-1” Multifamily 1 Vacant High Density Residential South “CG-2” General Commercial Professional Office Commercial East “CG-2” General Commercial Commercial Commercial West RS-6” Single-Family 6 Vacant and Low Density Residential Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 042032 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 66 feet of street frontage along Sandra Lane which is designated as a Local / Residential Street. According to the Urban Transportation Plan, Local / Residential Streets can convey a capacity of 500 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Sandra Lane Local/Residential 50’ ROW 28’ paved 50’ ROW 20’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-6” Single-Family District to the “RM-1” Multifamily 1 District to allow for the construction of two four unit buildings. Development Plan: The subject property is 0.50 acres in size. The owner is proposing two four unit multifamily buildings. Existing Land Uses & Zoning: The subject property is currently zoned “RS-6” Single- Family 6 District, consists of a vacant lot, and has remained since annexation in 1962. To the north are vacant properties and a large tract single-family home zoned “RM-1” Multifamily 1 District. To the south is a commercial business zoned “CG-2” General Commercial District and “CN-1” Neighborhood Commercial District and consists of a professional office building and a retail store. To the east are commercial properties zoned “CG-2” General Commercial District and “RM-3” Multifamily 3 District. The properties consist of the Teacher’s Credit Unions and two townhome developments including a planned unit development. To the west are two single-family residences zoned “RS-6” Single-Family 6 District and Gill’s Nursery zoned “CG-2” General Commercial 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: 6-inch ACP line located along Sandra Lane. Wastewater: 8-inch PVC line located along Sandra Lane. Gas: 2-inch Service Line located along Sandra Lane. Storm Water: Road side drainage located along Sandra Lane. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the “RM-1” Multifamily 1 District 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). 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). • 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). • Promote medium density activities, such as apartments or office uses around commercial centers of high density, and the remaining area by low density use such as single-family dwellings. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent commercial properties. • The proposed multifamily development is consistent with the existing town home and planned unit developments along Sandra Lane to the east and the multifamily zoning along Sandra Lane to the north. • The multifamily development will also serve as a buffer between the remaining single- family residences to the west and the “CG-2” zoning to the east and south along Saratoga Boulevard (State Highway 357). Planning Commission and Staff Recommendation (September 4, 2019): Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “RM-1” Multifamily 1 District. Public Notification Number of Notices Mailed – 11 within 200-foot notification area 6 outside notification area As of August 30, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 2 inside notification area – 0 outside notification area Totaling 15.75% 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\0819-04 Mirabal Development Group, LC\PC Documents\PC Report_0819-04 Mirabal Development Group, LC.docx Staff Report Page 4 City Council Meeting October 15, 2019 Zoning Case #0819-04 Mirabal Development Group, LC. Rezoning for a Property at 6805 Sandra Lane From “RS-6” To “RM-1” 2 Aerial Overview Subject Property at 6805 Sandra Lane 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Planning Commission and Staff Recommendation Approval of the “RM-1” Multifamily 1 District 6 Airline/Saratoga Node 7 UDC Requirements Buffer Yards: RM-1 to CG-2: Type A: 10’ & 5 pts. RM-1 to RS-6: Type B: 10’ & 10 pts Setbacks: Street: 20 feet Side & Rear: 10 feet Residential Adj.: 2:1 Setback (height) Parking: 1 BR – 1.5 spaces/unit 2 BR – 2 spaces/unit 1 space/ 5 units – Visitors Landscaping, Screening, and Lighting Standards Uses Allowed: Single-Family Homes, Duplexes, Apartments, and Day Care Uses. 8 Utilities Water: 6-inch ACP Wastewater: 8-inch PVC Gas: 2-inch Service Line Storm Water: Roadside Drainage 9 Public Notification 11 Notices mailed inside 200’ buffer 6 Notices mailed outside 200’ buffer Notification Area Opposed: 2 (15.75%) In Favor: 0 X X DATE:September 19, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance authorizing acceptance of a grant in the amount of $48,889.40 grant from the State of Texas, Criminal Justice Division for Violence Against Women (VAWA) Program with a cash match of $17,808.91 and in-kind match of $2,160; appropriating $48,889.40 in the Police Grants Fund; and authorizing a transfer of $17,808.91 from the General Fund to the Police Grants Fund. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) in which the City has awarded for the 20th year grant. The grant provides funds to projects with the primary mission of reducing and preventing violence against women. BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a victim who walks into the unit at the Police Department. The grant provides funds for one civilian victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, and the distribution of literature The long-term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs of victims. The State provides $48,889.40 for the salary/benefits of one civilian Victim Case Manager, equipment, supplies, training, and mileage. The case manager also coordinates volunteer hours that contribute $2,160 of in-kind contributions. The City contributes $17,808.91 from the Accepting and appropriating the Violence Against Women Act (VAWA) grant within the Police Department AGENDA MEMORANDUM Future Item for the City Council Meeting of October 15, 2019 Action Item for the City Council Meeting October 29, 2019 FY2020 PGF for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be September 1, 2019 through – March 31, 2020. ALTERNATIVES The funding for this grant allows case management for female victims of violent crimes. Without these fund the activities to support violence against women would be limited. FISCAL IMPACT: The grant funds of $48,889.48 will be appropriated into the Police grants fund. The City will contribute $17,808.02 from the Police general fund into the Police Grants fund as the cash match for this grant. Funding Detail: Fund:1020 Organization/Activity:Police General Fund Cash Contribution to Grants Mission Element:152 Project # (CIP Only): Account:548590 Amount:$17,808.91 RECOMMENDATION: Staff recommends accepting the grant and appropriating the $48,889.48 grant funds into the Police Grants fund for Violence Against Women Act Grant Program within the Police Department. LIST OF SUPPORTING DOCUMENTS: Ordinance Statement of Grant Award Ordinance authorizing acceptance of a grant in the amount of $48,889.40 grant from the State of Texas, Criminal Justice Division for Violence Against Women (VAWA) Program with a cash match of $17,808.91 and in-kind match of $2,160; appropriating $48,889.40 in the Police Grants Fund; and authorizing a transfer of $17,808.91 from the General Fund to the Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $48,889.40 to continue the Violence Against Women Formula Grant (VAWA) grant within the Police Department with a cash match of $17,808.91 and an in-kind match of $2,160 for a total project cost of $68,858.31. SECTION 2.That the $48,889.40 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department. SECTION 3.The transfer of $17,808.91 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $68,858.31. 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 L. Huerta Joe McComb City Secretary Mayor DATE:September 3, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance authorizing the acceptance of a grant in the amount of $40,000 from the Office of the Governor’s Homeland Security Grants Division for FY2020 Local Border Security Program; and appropriating $40,000 in the Police Grants Fund. SUMMARY: This item is to accept and appropriate $40,000 for the FY 2020 Local Border Security Grant Program. The grant provides funds to projects with the mission to reduce border-related criminal activity. This funding allows for overtime for sworn officers in support of this mission with no city match required. BACKGROUND AND FINDINGS: The City has received funding for the Local Border Security Grant for the past five years. Funding is available to enhance law enforcement investigations in an effort to deter and prevent criminal activity. The Police Department will deploy officers on an overtime basis to conduct drug, currency, human trafficking and gang investigations and operations within the city limits and Extra Territorial Jurisdiction. The funding provides for 525 hours of overtime for sworn officers. There is no City match required. Funding is available from September 1, 2019 – August 31, 2020. ALTERNATIVES: This funding allows the city to provide additional support for the FY 2020 Local Border Security Grant program to reduce border-related criminal activity. Without this funding that support would be limited. FISCAL IMPACT: The City will be awarded $40,000 to be appropriated to the Fiscal Year 2019-2020 Police Grants Fund. There is no match required by the City of Corpus Christi. Funding Detail: Accepting and appropriating the FY 2020 Local Border Security Program (LBSP) Grant AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 15, 2019 Second Reading Ordinance for the City Council Meeting of October 29, 2019 Fund:1061 Organization/Activity: Police Grants Fund Mission Element:151 Project # (CIP Only): Account:510200 Overtime RECOMMENDATION: Staff recommends accepting the grant and appropriating the $40,000 grant for the FY 2020 Local Border Security Grant funds program into the Police Grants fund. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award document Ordinance authorizing the acceptance of a grant in the amount of $40,000 grant from the Office of the Governor’s Homeland Security Grants Division for FY2020 Local Border Security Program; and appropriating $40,000 in Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $40,000 from the Office of the Governor’s Homeland Security Grants Division (HSGD) for funding eligible under the FY2020 Local Border Security Program (LBSP) grant. SECTION 2.The City of Corpus Christi designates the City Manager or designee as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. SECTION 3. That $40,000 is appropriated in the No 1061 Police Grants Fund from the HSGD for eligible overtime and operational costs. SECTION 4.In the event of the loss or misuse of the HSGD funds, the City of Corpus Christi assures that the funds will be returned to the HSGD in full. 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 DATE:October 15, 2019 TO:Peter Zanoni, 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 CAPTION: Ordinance approving the purchase of ten replacement trailers not to exceed $153,963.00 to be used daily by the Utilities Department to transport heavy equipment to worksites from H & V Equipment Service, Inc. via the Buy Board Cooperative; appropriating $59,180.20 from the unreserved fund balance in the Water Fund, $70,969.00 from the unreserved fund balance in the Wastewater Fund and $23,813.80 from the unreserved fund balance in the Storm Water Fund; and amending the FY 2019-2020 operating budget to increase expenditures. SUMMARY: This ordinance authorizes a purchase from H&V Equipment Services, Inc. of Corpus Christi, Texas, for ten trailers that are replacements for units that are irreparably damaged or have exceeded their useful service life of 10 years. Three Eager Beaver 15HDB-PT Trailers are replacing two trailers that are 16 and 19 years old, plus an 8-year old trailer with irreparable damage. Seven Eager Beaver B6DOW Trailers are replacing seven trailers that are between 12 and 23 years old. BACKGROUND AND FINDINGS: The trailers are used daily by the Utilities Department to provide hauling services of backhoes, excavators, and other trailered heavy equipment to worksites around the City. These trailers allow for a more efficient and timely response to better serve the needs of citizens. The procurement is through the Buy Board Cooperative. Contracts awarded through the Purchase of Ten Trailers for Utilities AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 15, 2019 Second Reading Ordinance for the City Council Meeting of October 29, 2019 Buy Board Cooperative have been competitively procured and are in compliance with Texas Local and State procurement requirements. ALTERNATIVES: The equipment can be rented. However, this will not be cost effective for the long-term, and the equipment may not be readily available when needed. Another option is to operate equipment until it fails. FISCAL IMPACT: These ten replacement trailers are part of the FY18-19 Capital Outlay Future Replacement Budget and will be an outright purchase in the amount of $153,963.00 to be paid from Water, Wastewater Funds, and Storm Water. This purchase with H&V Equipment Service Inc. is for replacement trailers used by Water Utilities Department daily to transport equipment to worksites. Funding Detail: Fund:4010 Water Fund Organization/Activity: N/A Mission Element:N/A Project # (CIP Only): N/A Account:251850 Unappropriable Fund Balance Funding Detail: Fund:4300 Storm Water Fund Organization/Activity: N/A Mission Element:N/A Project # (CIP Only): N/A Account:251850 Unappropriable Fund Balance Funding Detail: Fund:4200 Wastewater Fund Organization/Activity: N/A Mission Element:N/A Project # (CIP Only): N/A Account:251850 Unappropriable Fund Balance RECOMMENDATION: Staff recommends approval of this ordinance authorizing the purchase with H&V Equipment Service Inc. for the purchase of ten trailers as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheet Ordinance approving the purchase of ten replacement trailers not to exceed $153,963.00 to be used daily by the Utilities Department to transport heavy equipment to worksites from H & V Equipment Service, Inc. via the Buy Board Cooperative; appropriating $59,180.20 from the unreserved fund balance in the Water Fund, $70,969.00 from the unreserved fund balance in the Wastewater Fund and $23,813.80 from the unreserved fund balance in the Storm Water Fund; and amending the FY 2019-2020 operating budget to increase expenditures. WHEREAS, ten trailers are needed for daily operations of the Utilities Department to transport heavy equipment to worksites; WHEREAS, pursuant to the Interlocal Cooperation Act, Government Code, Chapter 791, and Local Government Code Chapter 271, a city may participate in cooperative purchasing programs established by the State, other municipalities, counties, special districts, and other political subdivisions in order to facilitate the procurement of necessary goods and services in full compliance with State bidding laws; WHEREAS, by Resolution 024370 on February 20, 2001, the City Council authorized participation in the interlocal governmental cooperative purchasing program with Texas Local Government Statewide Purchasing Cooperative in order to participate in their cooperative purchasing program operated as “Buy Board”; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.That funds in the amount of $59,180.20 from the unreserved fund balance in the Water Fund No. 4010, and $ 70,969.00 from the unreserved fund balance in the Wastewater Fund No. 4200 and $23,813.80 from the unreserved fund balance in the Storm Water Fund No. 4300 are appropriated for the purchase of ten replacement trailers to be used daily by the Utilities Department to transport heavy equipment to worksites from H & V Equipment Service, Inc. SECTION 2.That the FY2019-2020 operating budget adopted by Ordinance No. 031870 is amended by increasing expenditures by $153,963.00. SECTION 3.That the City Manager, or designee, is authorized to execute all documents necessary to purchase ten replacement trailers to be used daily by the Utilities Department to transport heavy equipment to worksites from H & V Equipment Service, Inc., based on the cooperative purchasing agreement with Buy Board, for a total amount not to exceed $153,963.00. 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 City of Corpus Christi Contracts and Procurement Buyer: Cynthia Perez ITEM DESCRIPTION QUANTITY EXTENDED TOTAL 1 Eagle Beaver B6DOW Trailer 7 each $82,521.60 2 Eagle Beaver 15HDB-PT Trailer 3 each $71,441.40 $153,963.00 H&V Equipment Services, Inc. TOTAL Price Sheet Purchase of Ten Trailers for Utilities Department BuyBoard Contract 516-16 DATE:October 15, 2019 TO:Peter Zanoni, City Manager FROM:Jeffrey Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Ordinance approving the purchase of four 2019 Ford F-150 regular cab pick-up trucks in an amount not to exceed $110,837.00 to be used by Construction Inspectors in Engineering Services from Silsbee Ford of Silsbee, Texas via the GoodBuy Purchasing Cooperative; appropriating $110,837.00 from the unreserved fund balance in the Engineering Services; and amending the FY 2019-2020 operating budget to increase expenditures. SUMMARY: This ordinance is to approve the purchase from Silsbee Ford for four 2019 Ford F-150 Regular Cab Pick-Up Trucks for Engineering Services for an amount not to exceed $110,837.00. Two of these vehicles are additions and two are replacements for units that are nine and 11 years old and have exceeded their life expectancy. BACKGROUND AND FINDINGS: The vehicles will provide fuel efficient transportation for Engineering Services’ Construction Inspectors working in the field. They will allow for a more efficient and timely response to better serve the needs of citizens and project sites. Two of the trucks will allow for Engineering to return two loaners from the motor pool and two vans that have exceeded their life expectancy. The procurement is through the GoodBuy Cooperative. Contracts awarded through the GoodBuy Cooperative have been competitively procured and follow the Texas Local and State procurement requirements. Purchase of Four Trucks for Engineering Services AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 15, 2019 Second Reading Ordinance for the City Council Meeting of October 29, 2019 ALTERNATIVES: The equipment can be rented as needed. However, the cost may not be cost effective and the vehicles may not be readily available when needed. FISCAL IMPACT: These vehicles will be an outright purchase in the amount of $110,837.00 to be paid from the unreserved Engineering Services Fund. FUNDING DETAIL: Fund:5310 Engineering Services Fund Organization/Activity: N/A Mission Element:012 Technical Engineering Support Services Project # (CIP Only): N/A Account:251850 – Account Number for the Unreserved Fund Balance RECOMMENDATION: Staff recommends approval of the ordinance authorizing the purchase with Silsbee Ford for the purchase of four 2019 Ford F-150 Regular Cab Pick-Up Trucks as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheet Ordinance approving the purchase of four 2019 Ford F-150 regular cab pick-up trucks in an amount not to exceed $110,837.00 to be used by Construction Inspectors in Engineering Services from Silsbee Ford of Silsbee, Texas via the GoodBuy Purchasing Cooperative; appropriating $110,837.00 from the unreserved fund balance in the Engineering Services; and amending the FY 2019- 2020 operating budget to increase expenditures. WHEREAS, four 2019 Ford F-150 regular cab pick-up trucks are needed for continued operation of the City’s Construction Inspectors in Engineering Services; WHEREAS, pursuant to the Interlocal Cooperation Act, Government Code, Chapter 791, and Local Government Code Chapter 271, a city may participate in cooperative purchasing programs established by the State, other municipalities, counties, special districts, and other political subdivisions in order to facilitate the procurement of necessary goods and services in full compliance with State bidding laws; WHEREAS, by Resolution 031331 on January 9, 2018, the City Council authorized participation in the interlocal participation agreement with local Regional Education Service Center #2 in order to participate in their cooperative purchasing program operated as “Goodbuy”; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.That funds in the amount of $110,837.00 are appropriated from the unreserved fund balance in Engineering Services Fund No. 5310 for the purchase of four 2019 Ford F-150 regular cab pick-up trucks for Engineering Services from Silsbee Ford. SECTION 2.That the FY2019-2020 operating budget adopted by Ordinance No. 031870 is amended by increasing expenditures by $110,837.00. SECTION 3.That the City Manager, or designee, is authorized to execute all documents necessary to purchase four 2019 Ford F-150 regular cab pick-up trucks for Engineering Services from Silsbee Ford, based on the cooperative purchasing agreement with GoodBuy Purchasing Cooperative, for a total amount not to exceed $110,837.00. 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 City of Corpus Christi Contracts and Procurement Buyer: Cynthia Perez 8F000 Vehicles ITEM DESCRIPTION QUANTITY EXTENDED TOTAL 1 2019 Ford F-150 Regular Cab 4 each $110,837.00 $110,837.00 Silsbee Ford Silsbee Texas TOTAL Price Sheet Four Trucks for Engineering GoodBuy Contract 17-17 DATE:September 30, 2019 TO:Peter Zanoni, City Manager FROM:Arlene Medrano, Business Liaison ArleneM@cctexas.com (361) 826-3356 CAPTION: Resolution authorizing execution of an Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District for the maintenance of 104 planters in the downtown area for an initial period of four years. SUMMARY: This resolution authorizes an interlocal cooperation agreement with the Downtown Management District (DMD) to provide maintenance services to 104 planters to better serve the landscaping needs of the District and the citizens of Corpus Christi. BACKGROUND AND FINDINGS: On November 4, 2014, the voters approved Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvements Project. Bond 2014 Brochure description reads: “Downtown Road and Streetscape Improvements – Improvements to the downtown streetscape such as new trash cans, improvements to the gateways (Laredo, Agnes, Mesquite area) and wayfinding signage to help create a sense of arrival to the district and enhance downtown image. Other various street, sidewalk, lighting and landscaping improvements such as improvements to People or Lawrence Street.” The specific work planned included new signage, light pole medallions, benches, trash and recycle bins, planters and other miscellaneous improvements to achieve the enhanced image and sense of arrival into the Downtown. This project considered the areas bounded by Shoreline Blvd to Lower Broadway and IH-37 to Coopers Alley. Interlocal Cooperation Agreement with the Downtown Management District (DMD) for Landscape Maintenance in Downtown Area AGENDA MEMORANDUM Action Item for the City Council Meeting October 29, 2019 Additionally, on November 4, 2014, the voters approved Bond 2014 Proposition 2 Chaparral Street Phase 2 Downtown Development Master Plan Project. This project was a continuation of the Phase 1 Chaparral Street Improvements approved via Bond 2008. This project continued the Chaparral Street improvements from Schatzel Street to Taylor Street with minor modifications. It included new curbs, widened sidewalks including but not limited to textured concrete and/or pavers, street pavement. New trees, shrubs, irrigation, landscape lighting and other amenities are also included. Of the two bond projects listed above, 50 planters with plants were installed per the Chaparral Phase 2 Project, and 54 planters with plants were installed per the Downtown Road and Streetscapes Improvements Project. Total planters installed is 104. CCDMD agrees to maintain the 104 planters from the date of the final inspection throughout the term of this agreement including any renewals thereto. Maintenance includes but is not limited to watering and replanting as necessary and cleaning and replacing broken planters. This Agreement is for an initial term of 4 years and may be renewed upon written notice by either party 60 days prior to the expiration of the initial term or any extension. This Agreement shall automatically terminate if the CCDMD is dissolved or if the tax levy is not renewed. ALTERNATIVES: An alternative to approving this interlocal cooperation agreement is to allow the existing language in the DMD’s Interlocal Cooperation Agreement with the City of Corpus Christi funded through the City’s General Fund to suffice for maintenance of landscaping. The 2015 agreement states “Landscaping Advisory and Maintenance - Assist the City in planning optimal landscaping and greenery for public improvement projects. Assume maintenance for installed features upon completion of construction, as mutually agreed upon.” However, the statement “as mutually agreed upon” could be interpreted as requiring additional agreements. This Interlocal cooperation agreement further codifies that the DMD will maintain the planters and the plants for at least the next four years. FISCAL IMPACT: In 2015, Resolution #030629 authorized an interlocal cooperation agreement between the Downtown Management District and the City of Corpus Christi. The value of this agreement is $300,000. Section 2.02 Additional Services Requested by the City includes mention of maintenance of landscaping; therefore, no additional funding is required to fulfill this service. Funding Detail: Fund:1020- General Fund Organization/Activity:14690- Downtown Management District Mission Element:707 Economic Development Project # (CIP Only):N/A Account: 530000- Professional Services RECOMMENDATION: Staff recommends approval of the resolution for an Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District for the maintenance of 104 planters in the downtown area for an initial period of four years. LIST OF SUPPORTING DOCUMENTS: DMD Resolution Interlocal Cooperation Agreement Resolution authorizing execution of an Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District for the maintenance of 104 planters in the downtown area for an initial period of four years. 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 the Corpus Christi Management District for maintenance of 104 planters in the downtown area for an initial period of four years. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. PASSED AND APPROVED on the ______ day of _________, 2019: 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 THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT BETWEEN THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT AND THE CITY OF CORPUS CHRISTI FOR IMPROVEMENTS AND MAINTENANCE IN DOWNTOWN AREA This Interlocal Agreement is made between the Corpus Christi Downtown Management District in Corpus Christi, Texas (“CCDMD”), a state-authorized municipal management district, and the City of Corpus Christi, Texas, (“City”), a municipal corporation and home-rule city, acting by and through its governing body, the City Council. BE IT AGREED BY THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT AND THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. OBLIGATIONS OF CITY AND CCDMD For and in consideration of the covenants and agreements of the parties set forth herein, City and CCDMD agree to participate in the funding of costs, including engineering, construction and maintenance, related to the landscape improvements (“Improvements”) in the Marina Arts District that have been added to City Bond Projects and require more regular maintenance than the City is equipped to provide. B.Landscape (1)Design and Construction. The City shall be responsible for the design and construction of the landscape improvements, including containers and flowers, in the Marina Arts District for the 2014 Bond Project, titled “Downtown Streetscape Improvements.” This includes project management and inspection services. The City will provide CCDMD with a final location map and maintenance instructions for the initial planting of perennial, climate appropriate plants. The City will notify CCDMD of the date that the project should be complete so that a final inspection can be performed. (2)Maintenance. CCDMD agrees to maintain the 104 planters from the date of the final inspection throughout the term of this agreement, including any renewals thereto. Maintenance includes, but is not limited to, watering and replanting as necessary and cleaning and replacing broken planters. - 2 - SECTION 2. TERM OF AGREEMENT This Agreement is for an initial term of 4 years and may be renewed upon written notice by either party is given 60 days prior to the expiration of the initial term or any extension. This Agreement shall automatically terminate if the CCDMD is dissolved or if the tax levy is not renewed. SECTION 3. PATHWAY TO CAPITAL REPAIRS The CCDMD may provide, in writing, request for capital repairs to be funded through the City’s regular Bond programs. The CCDMD understands that the City Council makes decisions regarding Bond programs in its sole discretion and City staff cannot agree to include specific capital improvement in the final Bond program without City Council approval. SECTION 3. DEFAULT Notwithstanding any other term or condition in this Agreement, the City shall have the right to immediately terminate this Agreement if CCDMD defaults in their maintenance of the improvements. In the event of default or nonrenewal of this Agreement, the City shall have no responsibility for the maintenance or repair of the improvements. If the City chooses to maintain any of the Improvements, the CCDMD agrees that the City shall use the City funds allocated to the CCDMD to fulfill CCDMD’s maintenance responsibilities under this Agreement. SECTION 4. MISCELLANEOUS (a) Payments. Any payment made by either the City or the CCDMD for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Interlocal Cooperation Act. All funding obligations of the CCDMD and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. (b)Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effective when delivered or when deposited in the U.S. Mail, post pre-paid, certified mail, return receipt requested. CCDMD:Executive Director Corpus Christi Downtown Management District 223 N Chaparral Street, Ste A Corpus Christi, Texas 78401 CITY:Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 (c) Performance. This Agreement shall be performed in Nueces County, Texas and shall be interpreted according to the laws of the State of Texas. - 3 - (d) Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. (e) 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 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. (f)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 of the other parties. (g)Entire Agreement. This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. (h)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. (i)No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of its execution of this Agreement and performance of the covenants contained herein. [Signature Page Follows] - 4 - IN WITNESS HEREOF, the City and CCDMD have made and executed this Agreement in multiple copies, each of which is an original. CORPUS CHRISTI DOWNTOWN CITY OF CORPUS CHRISTI MANAGEMENT DISTRICT Alyssa Barrera Mason (Date)Peter Zanoni (Date) Executive Director City Manager ATTEST: Rebecca Huerta, City Secretary (Date) Assistant City Attorney (Date) - 5 - Exhibit A – Map of Marina Arts District DATE:October 3, 2019 TO:Peter Zanoni, City Manager FROM:Lauren Balko, Assistant Director of Municipal Courts Laurenf2@cctexas.com 361-826-3331 CAPTION: Motion authorizing a three year Office Lease Extension Agreement with Corpus WCEC, LLC of Dallas, Texas for lease of North Suite No 113 A in Wilson Plaza (5,503 square feet) for the operation of the City Detention Center for an amount not to exceed $275,865.48, with first-year funding in the amount of $91,955.16 available in the General Fund, beginning in Fiscal Year 2020. SUMMARY: This motion authorizes a renewed lease agreement with Wilson Plaza for the operation of the City Detention Center in the amount of $275,865.48. This agreement is necessary for the continued operation of the facility. BACKGROUND AND FINDINGS: The City Detention Center has leased this space from Wilson Plaza since 2004 when the agreement between the City of Corpus Christi and Nueces County was cancelled. The City Detention Center is a short-term detention facility where City of Corpus Christi Police Officers, deputy marshals, and airport police can bring persons they have arrested to be detained until they appear before a magistrate. People arrested for Class C misdemeanors are released with a personal recognizant bond after going before a magistrate. People charged with a Felony and or Class A or B misdemeanors are properly identified and transferred to the Nueces County Jail. Municipal court judges, as magistrates, are responsible for finding probable cause, giving warnings, and setting bail. In Fiscal Year 2018-19, an average of 1,128 people were detained in the City Detention Center each month. An average of 280 females and 844 males were processed monthly. A monthly average of 862 persons were transported to the Nueces County Jail with higher charges. ALTERNATIVES: An alternative to authorizing this agreement would be to relocate the City Detention Center to a City-owned building that would provide a safer and improved facility for City staff, police officers, and persons arrested. However, this process will require obtaining funding and may require more time which would not meet the goal of the Municipal Court to manage the Detention Center. Motion authorizing a three-year Office Lease Extension Agreement with Corpus WCEC, LLC of Dallas, Texas for City Detention Center AGENDA MEMORANDUM Action Item for the City Council Meeting October 29, 2019 FISCAL IMPACT: The fiscal impact for this item is an amount not to exceed $275,865.48, with the first-year funding available in the amount of $91,955.16 in the General Fund, beginning in Fiscal Year 2020. Funding Detail: Fund: 1020- General Fund Organization/Activity: 10420- Detention Facility Mission Element: 232- Manage Municipal Jail & Detention Center Project # (CIP Only): Account: 530160 Rentals RECOMMENDATION: Staff recommends that the Council approve the three year Office Lease Extension Agreement with Corpus WCEC, LLC of Dallas, Texas for lease of North Suite No 113 A in Wilson Plaza (5,503 square feet) for the operation of the City Detention Center for an amount not to exceed $275,865.48. LIST OF SUPPORTING DOCUMENTS: Lease Agreement with Exhibits AGENDA MEMORANDUM Action Item for the City Council Meeting of October 29, 2019 DATE:October 29, 2019 TO:Peter Zanoni, City Manager FROM:Kevin Norton, Director of Water Utilities Kevinn@cctexas.com (361) 826-1874 Kim Baker, Assistant Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing Amendment No. 1 to Supply Agreement No. 1261 with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey, for an amount not to exceed $97,500.00 for the 24-month term, increasing the 24-month contract amount from $701,882.00 to $799,382.00, allowing a price increase to the contract for the purchase of liquid ammonium sulfate solution used as a source of ammonia in the formation of chloramines to disinfect the treated water at O. N. Stevens Water Treatment Plant. Funding is available through the Water Fund. SUMMARY: This motion authorizes an amendment to Supply Agreement No. 1261 with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey for an amount not to exceed $97,500 to allow a price increase to the contract for the purchase of liquid ammonium sulfate solution from $179 per ton to $204 per ton due to the increase in price for raw materials and freight. This amendment also includes the 24-month contract amount not to exceed $701,882.00, making the total cost for the 24-month contract a not to exceed amount of $799,382.00. There is one additional 24-month option period that could be exercised for future years. BACKGROUND AND FINDINGS: The Liquid Ammonium Sulfate Solution will be used as a source of ammonia in the formation of chloramines to disinfect the treated water. Chloramination is the best process to maintain a disinfectant residual in the City’s long and extensive water distribution system. Disinfection of the drinking water is required for public health and welfare of the customers. Amendment No. 1 to Liquid Ammonium Sulfate Supply Agreement Supply Agreement No. 1261 is for 24 months with effective date October 24, 2017 to expiration date October 23, 2019 with a total value of $701,882.00. The agreement includes the option to extend the term for up to two additional 24-month periods. This amendment exercises the first 24-month option. On July 11, 2019, the City received a request from Chemtrade Chemicals US, LLC to increase the price of this chemical from $179 per ton to $204 per ton. The increase in price will add $97,500.00 to the current contract pricing. ALTERNATIVES: An alternative to approval of Amendment No. 1 to Supply Agreement No. 1261 with Chemtrade Chemicals, LLC, would be not to extend the supply agreement. However, a Request for Bids would have to be conducted for Liquid Ammonium Sulfate Solution, which may lead to a shortage of this critical chemical required for the treatment of potable water for the department. FISCAL IMPACT: The amendment for the FY 2020 price increase is an amount not to exceed $48,750.00. The total increase for the two years is an amount not to exceed $97,500.00. The total contract cost for the first year is $399,691.00. A not to exceed amount of $350,941.00 was previously approved and has already been budgeted in FY 2020 for the first year of the 24-month amendment. The remaining cost of this contract will be budgeted in FY2021. Funding Detail Fund:4010 Water Organization/Activity:31010 Stevens Filter Plant Mission Element:062 Treat water Project # (CIP Only): N/A Account:520010 Purification Chemicals RECOMMENDATION: Staff recommends approval of this motion authorizing Amendment No. 1 to Supply Agreement No. 1261 with Chemtrade Chemicals, LLC, for the purchase of liquid ammonium sulfate solution as presented. LIST OF SUPPORTING DOCUMENTS: Amendment Service Agreement SUPPLY AGREEMENT NO. 1261 Liquid Ammonium Sulfate Solution THIS Liquid Ammonium Sulfate Solution Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Chemtrade Chemicals, LLC ("Supplier"), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Liquid Ammonium Sulfate Solution in response to Request for Bid No. 1261 ("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 Ammonium Sulfate Solution 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," 11 products", and ••supplies", as used in this Agreement, refer to and have the same meaning. 2.Term. This Agreement is for 24 months. This Agreement includes an option to extend the term for up to two additional 24-month periods ("Option Period"}, provided, the parties do so prior to expiration of the original term or the then current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3.Compensation and Payment. The total value of this Agreement is not to exceed $701,882.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7 / 1 / 16 Page 1 of 7 Project No: 18176A 1 EP Legistar No.: 19-0853 Rev. 8 – 10/07/19 AGENDA MEMORANDUM Action Item for the City Council Meeting of October 29, 2019 DATE:October 7, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Mike Markle, Police Chief mikema@cctexas.com (361) 886-2601 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 CAPTION: Motion awarding a contract to Bath Engineering for design and preparation of construction documents to implement Mechanical, Electrical and Plumbing (MEP) upgrades for the Police Headquarters building in the amount of $143,115, located in City Council District 1, effective upon issuance of notice to proceed, with funding approved and available from Bond 2018, Proposition E, Public Health & Safety. SUMMARY: This motion authorizes a contract with Bath Engineering to provide a design and prepare construction documents to implement MEP upgrades professional services contract provides for the design and preparation of construction documents to implement MEP upgrades for the Police Headquarters building in the amount of $143,115. BACKGROUND AND FINDINGS: The Corpus Christi Police Department Headquarters is a 5-story, 90,000 square feet building Professional Services Contract Police Headquarters – Mechanical, Electrical and Plumbing (MEP) Upgrades Project No: 18176A 2 EP Legistar No.: 19-0853 Rev. 8 – 10/07/19 supporting 300 police department personnel, 45 Municipal Court personnel, and the general public conducting business in the building. The building was originally constructed in 1932 and was purchased by the City in 1988. The last major Mechanical, Electrical, and Plumbing (MEP) upgrade was to replace the chillers in 1999. Feasibility studies conducted in preparation of Bond 2018 identified significant deficiencies with the existing MEP systems. The building’s MEP systems are mostly inadequate and obsolete. The project scope includes additional site investigations, equipment testing, analysis, evaluations and upgrade recommendations, opinion of probable construction cost (OPCC), preparation of construction bid documents with bid phase and construction phase technical support. PROJECT TIMELINE: O N D J F M A M J J A S O N D J F M A 2020 BidDesign 2021 Construction 2019 Projected Schedule reflects City Council award in October 2019 with anticipated completion in April 2021. The total budgeted amount in Bond 2018 for this project is $2,310,000. COMPETITIVE SOLICITATION PROCESS: Bath Engineering was selected for the Bond 2018 Police Headquarters – MEP Upgrades project in February 2019 under RFQ 2018-10. Police Headquarters – MEP Upgrades was one of four selections that were announced under the Public Buildings, Parks, & Facilities Category of the RFQ. Bath Engineering was one of the highest ranked applicants and selected the Police Headquarters – MEP Upgrades project as their first highest stated preference. Bath Engineering was selected from five (5) applicants for this project. The selection committee was included representatives from the Parks & RecreationDepartment and Engineering Services. The final evaluation ranked Bath Engineering the highest and recommended the firm as most qualified based five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience in Mechanical, Electrical, and Plumbing upgrades for multiple facilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. ALTERNATIVES: Without this project, the MEP systems at Police Headquarters will continue to experience unplanned outages and excessive repair costs. FINANCIAL IMPACT: The project is a Bond 2018, Proposition E project approved by city voters in November 2018. This item will award the design, bid and construction phase services contract to Bath Engineering for the design of Police Headquarters – MEP Upgrades in the amount of $143,115, located in City Council District 1, effective upon issuance of notice to proceed, with funding available from Bond 2018, Proposition E. Project No: 18176A 3 EP Legistar No.: 19-0853 Rev. 8 – 10/07/19 FUNDING DETAIL: Fund:Police 2019 Bond 2018 (Fund 3343) Mission Elem: Police Law Enforcement (ME 191) Project No.: Police Headquarters MEP Upgrades (#18176B) Account: Outside Consultants (Account #550950) Activity: 18176-B-3343-EXP RECOMMENDATION: City staff recommends award of the professional services contract in the amount of $143,115 to Bath Engineering. The design phase is planned to begin in October 2019 with completion planned in March 2021. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Contract 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES POLICE HEADQUARTERS LOCATION MAP NOT TO SCALE Project Number: 18176A Project Location N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES POLICE HEADQUARTERS VICINITY MAP NOT TO SCALE Project Number: 18176A John S a r t a i n S t Water StreetChaparral StPolice Headquarters Contract for Professional Services Page 1 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT: 18176B Police Headquarters MEP Upgrades The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Bath Engineering, a Texas corporation, 5656 South Staples Street, Suite 110, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL .......................................................................3 ARTICLE III COMPENSATION ............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS ......................................................5 ARTICLE VII INDEMNIFICATION .........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES .............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Contract for Professional Services Page 2 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda ARTICLE I – SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City’s General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City’s Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant’s Scope of Services during the performance of the Consultant’s services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 3 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda 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 $143, 115.00. 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 4 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of ____ years beginning on the Effective Date. The Agreement may be renewed for up to _____ one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Contract for Professional Services Page 5 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the W ork for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant’s ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant’s ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, “completion of the Project” refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V – OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over w hich the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Contract for Professional Services Page 6 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda 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. 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. Contract for Professional Services Page 7 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda ARTICLE IX – RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors, or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant’s records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant’s Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City’s and Consultant’s reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s Records only during Consultant’s regular business hours. Consultant agrees to allow City’s designee access to all of Consultant’s Records, Consultant’s facilities and Consultant’s current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X – OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (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. Contract for Professional Services Page 8 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda 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 W ritten 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 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 Contract for Professional Services Page 9 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda 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. 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. Contract for Professional Services Page 10 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 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. 6/11/19 Contract for Professional Services Page 11 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda Contract for Professional Services Page 12 of 12 K:\Engineering Projects Data Management\18176B Police Headquarters MEP Upgrades\6. Project Agenda Accounting Unit: 3343-191 Account: 550950 Activity: 18176-B-3343-EXP Account Category: 50950 Fund Name: Police2019 Bd18 Amount: $143,115.00 Exhibit A Page 1 of 3 (18176B) Exhibit A Page 2 of 3 Exhibit A Page 3 of 3 Project No.:18019A 1 SW Legistar No.: 19-1390 Rev. 4– 10/08/2019 AGENDA MEMORANDUM Action Item for the City Council Meeting of October 29, 2019 DATE:October 2, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 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 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a contract to Clark Pipeline Services, LLC for reconstruction of Frio, Hacala, and Dorado Street Corridor from Greenwood Drive to Martin Street with new asphalt pavement and underground utility improvements in the amount of $4,476,609.27. This project is located in City Council District 3, the contract will be effective upon issuance of notice to proceed, and funding is available from Bond 2018 Proposition A, Bond 2016 Streets, and the Utility Capital Improvement Program. SUMMARY: This motion approves a construction contract Clark Pipeline Services, LLC in the amount of $4,476,609.27 to reconstruct Frio, Hacala, and Dorado Street Corridor from Greenwood Drive to Martin Street including new sidewalk, ADA ramps, curb and gutter, and underground utility improvements. BACKGROUND AND FINDINGS: The Frio, Hacala, and Dorado street corridor serves as the primary access for Los Encinos Elementary School and the adjacent subdivisions. Frio Street is an existing 2-lane asphalt roadway with sidewalks, curb and gutter, and ADA ramps on both sides. Hacala and Dorado are rural 2-lane asphalt roads with roadside ditches on both sides and sidewalk on one side. The existing asphalt pavement is in poor condition as a result of age and poor drainage. Frio Street experiences frequent Construction Contract Award Frio, Hacala, Dorado Street Corridor – Greenwood Drive to Martin Street Project No.:18019A 2 SW Legistar No.: 19-1390 Rev. 4– 10/08/2019 flooding during nominal rain events and heavy rain events force closure of the school. This project was developed with the option to replace the existing asphalt pavement with new asphalt or new concrete pavement with the required utility improvements. The project improvements include: New asphalt (recommended based on prioritization policy) pavement with new curb & gutter, sidewalks, and ADA ramps on both sides for all three streets Frio Street will be lowered and adjusted to improve surface drainage flows to the storm water outfall near Greenwood Drive New underground drainage replacing the roadside ditches on Hacala and Dorado Underground utility improvements for water, wastewater and gas New signage, pavement markings, and other miscellaneous improvements PROJECT TIMELINE: O N D J F M A M J J A S O N D J F M A M J J A S Bid 2020 ConstructionDesign 20192018 Projected Schedule reflects City Council award in October 2019 with anticipated completion in September 2020. COMPETITIVE SOLICITATION PROCESS: On August 28, 2019 the City received proposals from five (5) bidders. The project was bid for Base Bid A (Asphalt) and Base Bid B (Concrete). Per City Council Policy 28 - Award Guidelines for Arterial and Collector Streets, an award recommendation for concrete pavement is made if the total cost of the concrete bid does not exceed $125,000 per lane-mile of the asphalt cost. This project includes approximately 2.2 lane-miles of pavement so the recommendation would be for concrete if it was within $275,000 of the asphalt bid. The cost of the concrete low bid is $647,741 above the asphalt lowest bid so Staff recommends the award of Base Bid 1 for asphalt pavement. The City analyzed the bids in accordance with the contract documents and determined Clark Pipeline Services, LLC, is the lowest responsive and responsible bidder. Clark Pipeline Services, LLC, has successfully completed numerous City street projects. A summary of the bids is provided below. BID SUMMARY CONTRACTOR BASE BID A (ASPHALT) BASE BID B (CONCRETE) CPC Interests, LLC DBA Clark Pipeline Services Corpus Christi, TX $4,476,609.27 No Bid Reytec Construction Resources, Inc. Corpus Christi, TX No Bid $5,124,350.50 Bay, LTD. Corpus Christi, TX $5,074,809.75 No Bid HAAS-Anderson Construction, LTD. Corpus Christi, TX $6,123,077.10 No Bid JE Construction Services, LLC Corpus Christi, TX $6,253,505.00 No Bid Engineers Opinion of Probable Cost $4,300,000 $5,400,000 Project No.:18019A 3 SW Legistar No.: 19-1390 Rev. 4– 10/08/2019 ALTERNATIVES: The recommended alternative is to award the construction contract to low-bidder, Clark Pipeline Services, LLC, with asphalt pavement. Council could cancel the project, but that would impede Council goals of completing Bond 2018 street projects in a timely manner and within budget. FISCAL IMPACT: This item proposes to award a construction contract to Clark Pipeline Services, LLC, in the amount of $4,476,609.27 for the construction phase of Frio, Hacala, Dorado Street Corridor from Greenwood Drive to Martin Street. Project funds are available in Bond 2018, Proposition A, Bond 2016 ADA Improvements and Utility Capital Improvement Program funds. The project is located in City Council District 3 and the contract is effective upon issuance of notice to proceed. Funding Detail: Funding details include: Fund: Street 2019 Bond 18 Proposition A (Fund 3556) Mission Element: Street Pavement Maintenance (ME 051) Project: Frio Street/Hacala Street/Dorado Street Corridor (Project 18019A) Account: Construction (550910) Activity: 18019-A-3556-EXP Amount: $1,224,358.99 Fund: Street 2018 General Obligation Bond 16 (Fund 3554) Mission Element: Street Pavement Maintenance (ME 051) Project: Frio Street/Hacala Street/Dorado Street Corridor (Project 18019A) Account: Construction (550910) Activity: 18019-A-3554-EXP Amount: $93,617.82 Fund: Storm Water Capital Reserve (Fund 4540) Pay as you go Mission Element: Infrastructure (ME 043) Project: Frio Street/Hacala Street/Dorado Street Corridor (Project 18019A) Account: Construction (550910) Activity: 18019-A-4540-EXP Amount: $2,071,204.09 Fund: Water 2015 CIP (Fund 4096) Mission Element: Distribute Water (ME 041) Project: Frio Street/Hacala Street/Dorado Street Corridor (Project 18019A) Account: Construction (550910) Activity: 18019-A-4096-EXP Amount: $526,809.37 Fund: Wastewater Capital Reserve (Fund 4510) Pay as you go Mission Element: Wastewater Collection System (ME 042) Project: Frio Street/Hacala Street/Dorado Street Corridor (Project 18019A) Account: Construction (550910) Activity: 18019-A-4510-EXP Amount: $529,282.44 Project No.:18019A 4 SW Legistar No.: 19-1390 Rev. 4– 10/08/2019 Fund: Gas 09 Revenue Bond 08 General Obligation Fund (Fund 4551) Mission Element: Gas Distribution System (ME 022) Project: Frio Street/Hacala Street/Dorado Street Corridor (Project 18019A) Account: Construction (550910) Activity: 18019-A-4551-EXP Amount: $31,336.56 RECOMMENDATION: Staff and the design consultant, Urban Engineering, recommend awarding the construction contract for reconstruction of Frio, Hacala, and Dorado Street Corridor from Greenwood Drive to Martin Street to Clark Pipeline Services, LLC, in the amount of $4,476,609.27. The construction duration is planned for 10 months from issuance of the Notice to Proceed to begin construction in November 2019 and completion in September 2020. LIST OF SUPPORTING DOCUMENTS Location Maps Bid Tab Letter of Recommendation Policy 28 - Award Guidelines for Concrete or Asphalt Pavement 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Frio, Hacala, Dorado Street Corridor - Greenwood Drive to Martin Street LOCATION MAP NOT TO SCALE Project Number: 18019A Project Location N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Frio, Hacala, Dorado Street Corridor - Greenwood Drive to Martin Street VICINITY MAP NOT TO SCALE Project Number: 18019A Los Encinos Elementary School Frio St.Hacala St.Do r a d o S t .Greenwood Dr.Martin St. TABULATION OF BIDS ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Urban Engineering Stephen Skrobarczyk, P. E. Base Bid A - Asphalt Pavement DATE: August 28, 2019 at 2:00pm TIME OF COMPLETION: 365 WORKING DAYS Greenwood to Martin (Bond 2018) City Project No. 18019A UNIT UNIT UNIT UNIT DESCRIPTION QTY.UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT A-A1 Mobilization (5% Max of General Items)LS 1 12,500.00$ 12,500.00$ 6,000.00$ 6,000.00$ 38,000.00$ 38,000.00$ 13,500.00$ 13,500.00$ A-A2 Bonds and Insurance LS 1 80,000.00$ 80,000.00$ 28,000.00$ 28,000.00$ 39,000.00$ 39,000.00$ 80,000.00$ 80,000.00$ A-A3 Ozone Day DAY 1 437.50$ 437.50$ 150.00$ 150.00$ 1,000.00$ 1,000.00$ 700.00$ 700.00$ A-A4 Clear ROW AC 5.3 3,750.00$ 19,875.00$ 2,200.00$ 11,660.00$ 39,000.00$ 206,700.00$ 24,400.00$ 129,320.00$ A-A5 Demolition of Bollard and Cable Barrier LF 676 21.88$ 14,790.88$ 15.00$ 10,140.00$ 6.10$ 4,123.60$ 27.00$ 18,252.00$ A-A6 Remove Existing Guard Rail (STA 3+90)LF 55 87.50$ 4,812.50$ 27.00$ 1,485.00$ 15.00$ 825.00$ 198.00$ 10,890.00$ A-A7 Pedestrian Rail LF 50 201.88$ 10,094.00$ 200.00$ 10,000.00$ 276.00$ 13,800.00$ 396.00$ 19,800.00$ A-A8 Traffic Control Mobilization/Adjustments EA 6 6,093.75$ 36,562.50$ 1,000.00$ 6,000.00$ 1,700.00$ 10,200.00$ 1,320.00$ 7,920.00$ A-A9 Traffic Control Items (Signs, Barricades etc.)MO 10 2,200.00$ 22,000.00$ 6,000.00$ 60,000.00$ 34,000.00$ 340,000.00$ 5,300.00$ 53,000.00$ A-A10 Block Sodding SY 8000 6.88$ 55,040.00$ 9.10$ 72,800.00$ 8.30$ 66,400.00$ 9.00$ 72,000.00$ A-A11 Silt Fence LF 500 4.38$ 2,190.00$ 6.70$ 3,350.00$ 9.90$ 4,950.00$ 8.00$ 4,000.00$ A-A12 Curb Inlet Protection EA 30 312.50$ 9,375.00$ 230.00$ 6,900.00$ 180.00$ 5,400.00$ 100.00$ 3,000.00$ A-A13 Storm Water Pollution Prevention Plan EA 1 11,250.00$ 11,250.00$ 2,000.00$ 2,000.00$ 50,000.00$ 50,000.00$ 1,980.00$ 1,980.00$ 278,927.38$ 218,485.00$ 780,398.60$ 414,362.00$ PART A-B STREET IMPROVEMENTS A-B1 Mobilization (5% Max of Street Improvements)LS 1 68,750.00$ 68,750.00$ 40,000.00$ 40,000.00$ 70,000.00$ 70,000.00$ 54,000.00$ 54,000.00$ A-B4 2" TY 'D' HMAC SY 15210 27.50$ 418,275.00$ 18.85$ 286,708.50$ 17.00$ 258,570.00$ 20.00$ 304,200.00$ A-B5 Prime Coat (0.15 Gal/SY)GAL 2120 8.00$ 16,960.00$ 5.20$ 11,024.00$ 6.00$ 12,720.00$ 5.00$ 10,600.00$ A-B6 Limestone Base (10")SY 15570 30.63$ 476,909.10$ 24.00$ 373,680.00$ 30.00$ 467,100.00$ 22.00$ 342,540.00$ A-B7 Geogrid SY 15570 5.50$ 85,635.00$ 4.30$ 66,951.00$ 5.00$ 77,850.00$ 4.50$ 70,065.00$ A-B8 Compacted Subgrade (12")SY 15570 5.13$ 79,874.10$ 4.00$ 62,280.00$ 5.00$ 77,850.00$ 2.00$ 31,140.00$ A-B9 Speed Hump EA 2 6,250.00$ 12,500.00$ 4,600.00$ 9,200.00$ 6,360.00$ 12,720.00$ 1,600.00$ 3,200.00$ A-B11 Prefab Pavement Marking Type C (W) (Arrows)EA 4 312.50$ 1,250.00$ 340.00$ 1,360.00$ 301.00$ 1,204.00$ 330.00$ 1,320.00$ A-B12 Prefab Pavement Marking Type C (W) (ONLY)EA 4 312.50$ 1,250.00$ 340.00$ 1,360.00$ 301.00$ 1,204.00$ 330.00$ 1,320.00$ A-B13 Refl. Pavement Marking Type 1 (Y) (4") (DBL) (SLD)LF 2480 1.13$ 2,802.40$ 1.20$ 2,976.00$ 1.10$ 2,728.00$ 1.2 2,976.00$ A-B14 Refl. Pavement Marking Type 1 (W) (8") (SLD)LF 186 2.19$ 407.34$ 2.40$ 446.40$ 2.10$ 390.60$ 2.6 483.60$ A-B15 Prefab Pavement Marking - Speed Hump (W)EA 2 562.50$ 1,125.00$ 610.00$ 1,220.00$ 541.00$ 1,082.00$ 594 1,188.00$ A-B16 Prefab Pavement Marking (W) (24") (SLD)LF 388 17.50$ 6,790.00$ 18.75$ 7,275.00$ 17.00$ 6,596.00$ 18.50$ 7,178.00$ A-B17 Type II-A-A Raised Pavement Marker (Reflectorized) (Yellow)EA 85 6.88$ 584.80$ 7.40$ 629.00$ 6.60$ 561.00$ 7.00$ 595.00$ A-B18 Type I-C Raised Pavement Marker (Reflectorized) (White)EA 9 10.00$ 90.00$ 10.75$ 96.75$ 9.60$ 86.40$ 13.00$ 117.00$ A-B19 Street Sign Assembly w/9" Blades (Green) and Stop Sign EA 13 968.75$ 12,593.75$ 1,000.00$ 13,000.00$ 932.00$ 12,116.00$ 1,100.00$ 14,300.00$ A-B20 Other Signs - 1 Sign Per Post EA 1 750.00$ 750.00$ 810.00$ 810.00$ 721.00$ 721.00$ 800.00$ 800.00$ A-B21 Other Signs - 2 Sings Per Post EA 11 812.50$ 8,937.50$ 870.00$ 9,570.00$ 781.00$ 8,591.00$ 850.00$ 9,350.00$ A-B22 Other Signs - 4 Signs Per Post EA 4 968.75$ 3,875.00$ 1,000.00$ 4,000.00$ 932.00$ 3,728.00$ 1,050.00$ 4,200.00$ 6299 Leopard Street Bay Ltd.Clark Pipeline Services, LLC. Corpus Christi, TX 78409 SUBTOTAL PART A-A GENERAL Frio, Hacala, Dorado St., Corridor - Part A-A GENERAL Corpus Christi, TX 78409 (361) 816-6007 (361) 299-3721 Engineers Estimate: $4,300,000 Corpus Christi, TX 78409 1414 Valero Way J. E. Construction Services 7505 Up River Rd. Haas-Anderson Construction, Ltd. 1402 Holly Rd. Corpus Christi, TX 78417 (361) 853-2535 (361) 289-2901 Greenwood to Martin (Bond 2018) City Project No. 18019A UNIT UNIT UNIT UNIT DESCRIPTION QTY.UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 6299 Leopard Street Bay Ltd.Clark Pipeline Services, LLC. Corpus Christi, TX 78409 Frio, Hacala, Dorado St., Corridor - Corpus Christi, TX 78409 (361) 816-6007 (361) 299-3721 Corpus Christi, TX 78409 1414 Valero Way J. E. Construction Services 7505 Up River Rd. Haas-Anderson Construction, Ltd. 1402 Holly Rd. Corpus Christi, TX 78417 (361) 853-2535 (361) 289-2901 A-B23 Allowance for Unanticipated Street Improvements LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 1,224,358.99$ 917,586.65$ 1,040,818.00$ 884,572.60$ A-C1 Mobilization (5% Max of ADA Improvements)LS 1 23,125.00$ 23,125.00$ 10,000.00$ 10,000.00$ 18,000.00$ 18,000.00$ 27,000.00$ 27,000.00$ A-C5 ADA Ramp SF 2650 22.50$ 59,625.00$ 28.00$ 74,200.00$ 26.00$ 68,900.00$ 30.00$ 79,500.00$ A-C6 Allowance for Unanticipated ADA improvements LS 1 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 85,250.00$ 86,700.00$ 89,400.00$ 109,000.00$ PART A-D STORM WATER IMPROVEMENTS A-D1 Mobilization (5% Max of Storm Water Improvements)LS 1 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 80,000.00$ 80,000.00$ 60,000.00$ 60,000.00$ A-B2 Street Salvage and Excavation SY 15570 8.75$ 136,237.50$ 6.90$ 107,433.00$ 20.00$ 311,400.00$ 15.50$ 241,335.00$ A-B3 Demolition of Driveway SF 11044 3.13$ 34,567.72$ 2.60$ 28,714.40$ 2.05$ 22,640.20$ 4.00$ 44,176.00$ A-B10 Driveways SF 11044 10.63$ 117,397.72$ 11.75$ 129,767.00$ 12.00$ 132,528.00$ 12.50$ 138,050.00$ A-C2 Demolition of Sidewalk SF 28046 2.50$ 70,115.00$ 1.10$ 30,850.60$ 1.35$ 37,862.10$ 4.50$ 126,207.00$ A-C3 Sidewalk Retaining Curb LF 875 46.61$ 40,783.75$ 41.00$ 35,875.00$ 80.00$ 70,000.00$ 83.00$ 72,625.00$ A-C4 Sidewalk SF 28046 9.27$ 259,986.42$ 7.90$ 221,563.40$ 7.30$ 204,735.80$ 11.00$ 308,506.00$ A-D2 Removal of Storm Mains (12" - 30")LF 1705 43.75$ 74,593.75$ 64.00$ 109,120.00$ 66.00$ 112,530.00$ 120.00$ 204,600.00$ A-D3 Demolition of Curb and Gutter LF 6470 6.25$ 40,437.50$ 5.50$ 35,585.00$ 6.90$ 44,643.00$ 11.00$ 71,170.00$ A-D4 Demolition of Existing Inlet (Various Types)EA 11 1,250.00$ 13,750.00$ 1,800.00$ 19,800.00$ 2,230.00$ 24,530.00$ 7,400.00$ 81,400.00$ A-D5 Demolition of Existing Headwall EA 1 2,500.00$ 2,500.00$ 4,200.00$ 4,200.00$ 5,000.00$ 5,000.00$ 3,000.00$ 3,000.00$ A-D6 Ditch Grading (Outfall A Ditch, 15' x 75' area)LS 1 20,625.00$ 20,625.00$ 17,800.00$ 17,800.00$ 7,070.00$ 7,070.00$ 4,000.00$ 4,000.00$ A-D7 10' x 5' RCB LF 75 896.42$ 67,231.50$ 1,300.00$ 97,500.00$ 1,860.00$ 139,500.00$ 1,500.00$ 112,500.00$ A-D8 48" RCP (Class III)LF 98 322.21$ 31,576.58$ 480.00$ 47,040.00$ 578.00$ 56,644.00$ 500.00$ 49,000.00$ A-D9 42" RCP (Class III)LF 697 277.64$ 193,515.08$ 430.00$ 299,710.00$ 386.00$ 269,042.00$ 400.00$ 278,800.00$ A-D10 36" RCP (Class III)LF 261 233.97$ 61,066.17$ 340.00$ 88,740.00$ 320.00$ 83,520.00$ 430.00$ 112,230.00$ A-D11 30" RCP (Class III)LF 363 187.20$ 67,953.60$ 270.00$ 98,010.00$ 254.00$ 92,202.00$ 300.00$ 108,900.00$ A-D12 24" RCP (Class III)LF 410 160.43$ 65,776.30$ 230.00$ 94,300.00$ 162.00$ 66,420.00$ 250.00$ 102,500.00$ A-D13 18" RCP (Class III)LF 439 142.78$ 62,680.42$ 210.00$ 92,190.00$ 198.00$ 86,922.00$ 232.00$ 101,848.00$ A-D14 6" Curb and Gutter LF 6475 23.75$ 153,781.25$ 34.00$ 220,150.00$ 28.00$ 181,300.00$ 34.00$ 220,150.00$ A-D15 5' Curb Inlet (Various)EA 7 6,250.00$ 43,750.00$ 14,400.00$ 100,800.00$ 11,200.00$ 78,400.00$ 13,000.00$ 91,000.00$ A-D16 5' Curb Inlet (Top of Inlet on Box Culvert)EA 2 8,750.00$ 17,500.00$ 12,700.00$ 25,400.00$ 2,660.00$ 5,320.00$ 12,000.00$ 24,000.00$ A-D17 Combination Inlet (Standard)EA 7 5,125.00$ 35,875.00$ 10,700.00$ 74,900.00$ 7,100.00$ 49,700.00$ 10,000.00$ 70,000.00$ A-D18 Combination Inlet (5' Junction)EA 5 8,468.75$ 42,343.75$ 15,300.00$ 76,500.00$ 8,890.00$ 44,450.00$ 10,300.00$ 51,500.00$ A-D19 Combination Inlet (6' Junction)EA 5 9,062.50$ 45,312.50$ 16,200.00$ 81,000.00$ 9,590.00$ 47,950.00$ 10,800.00$ 54,000.00$ A-D20 Post Inlet EA 2 3,937.50$ 7,875.00$ 7,500.00$ 15,000.00$ 11,700.00$ 23,400.00$ 10,105.00$ 20,210.00$ A-D21 Junction Box A-1 (16' x 6' precast Manhole)EA 1 41,616.56$ 41,616.56$ 53,200.00$ 53,200.00$ 61,600.00$ 61,600.00$ 31,000.00$ 31,000.00$ A-D22 Junction Box B-1 (Tie to Existing) EA 1 11,875.00$ 11,875.00$ 40,100.00$ 40,100.00$ 5,560.00$ 5,560.00$ 29,000.00$ 29,000.00$ A-D23 Outfall A (TxDOT PW Headwall)EA 1 16,875.00$ 16,875.00$ 16,400.00$ 16,400.00$ 43,900.00$ 43,900.00$ 13,000.00$ 13,000.00$ A-D24 OSHA Trench Safety Plan LF 10537 2.50$ 26,342.50$ 3.60$ 37,933.20$ 4.80$ 50,577.60$ 5.20$ 54,792.40$ A-D25 OSHA Manhole/Junction Box/Inlet Safety Plan EA 30 625.00$ 18,750.00$ 910.00$ 27,300.00$ 1,440.00$ 43,200.00$ 660.00$ 19,800.00$ A-D26 Allowance for Unanticipated Storm Water Improvements LS 1 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 1,892,690.57$ 2,396,881.60$ 2,502,546.70$ 2,919,299.40$ SUBTOTAL PART A-B STREET IMPROVEMENTS PART A-C ADA IMPROVEMENTS SUBTOTAL PART A-C ADA IMPROVEMENTS SUBTOTAL PART A-D STORM WATER IMPROVEMENTS Greenwood to Martin (Bond 2018) City Project No. 18019A UNIT UNIT UNIT UNIT DESCRIPTION QTY.UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 6299 Leopard Street Bay Ltd.Clark Pipeline Services, LLC. Corpus Christi, TX 78409 Frio, Hacala, Dorado St., Corridor - Corpus Christi, TX 78409 (361) 816-6007 (361) 299-3721 Corpus Christi, TX 78409 1414 Valero Way J. E. Construction Services 7505 Up River Rd. Haas-Anderson Construction, Ltd. 1402 Holly Rd. Corpus Christi, TX 78417 (361) 853-2535 (361) 289-2901 A-E1 Mobilization (5% Max of Water Improvements)LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 40,000.00$ 40,000.00$ 32,500.00$ 32,500.00$ A-E2 6" C-900 Water Line LF 427 69.88$ 29,838.76$ 100.00$ 42,700.00$ 154.00$ 65,758.00$ 115.00$ 49,105.00$ A-E3 6" x 45° D. I. Bend EA 32 308.75$ 9,880.00$ 450.00$ 14,400.00$ 854.00$ 27,328.00$ 1,348.00$ 43,136.00$ A-E4 8" x 6" D. I. Reducer EA 5 213.75$ 1,068.75$ 310.00$ 1,550.00$ 830.00$ 4,150.00$ 1,900.00$ 9,500.00$ A-E5 6" Gate Valve and Box EA 5 1,046.25$ 5,231.25$ 1,500.00$ 7,500.00$ 1,500.00$ 7,500.00$ 1,900.00$ 9,500.00$ A-E6 8" C-900 Water Line LF 3147 70.34$ 221,359.98$ 100.00$ 314,700.00$ 107.00$ 336,729.00$ 110.00$ 346,170.00$ A-E7 8" x 45° D. I. Bend EA 26 381.25$ 9,912.50$ 550.00$ 14,300.00$ 969.00$ 25,194.00$ 1,153.00$ 29,978.00$ A-E8 8" D. I. Tee EA 8 417.50$ 3,340.00$ 610.00$ 4,880.00$ 1,330.00$ 10,640.00$ 1,500.00$ 10,500.00$ A-E9 8" Gate Valve and Box EA 11 1,551.25$ 17,063.75$ 2,300.00$ 25,300.00$ 2,100.00$ 23,100.00$ 2,700.00$ 29,700.00$ A-E10 Water Service Replacement (up to 3")EA 7 2,381.75$ 16,672.25$ 3,500.00$ 24,500.00$ 4,390.00$ 30,730.00$ 2,090.00$ 14,630.00$ A-E11 Water Connection (Tie to Existing)EA 10 1,491.25$ 14,912.50$ 2,200.00$ 22,000.00$ 7,060.00$ 70,600.00$ 3,400.00$ 34,000.00$ A-E12 Remove Fire Hydrant EA 6 593.75$ 3,562.50$ 860.00$ 5,160.00$ 2,380.00$ 14,280.00$ 2,300.00$ 13,800.00$ A-E13 Reconnect Fire Hydrant EA 1 3,756.38$ 3,756.38$ 5,500.00$ 5,500.00$ 7,270.00$ 7,270.00$ 2,800.00$ 2,800.00$ A-E14 Fire Hydrant, Type 1, complete Installation to Main EA 4 3,968.24$ 15,872.96$ 5,800.00$ 23,200.00$ 7,730.00$ 30,920.00$ 10,300.00$ 41,200.00$ A-E15 Fire Hydrant, Type 2, complete Installation to Main EA 4 4,918.81$ 19,675.24$ 7,100.00$ 28,400.00$ 7,600.00$ 30,400.00$ 10,000.00$ 40,000.00$ A-E16 OSHA Trench Safety Plan LF 3574 2.50$ 8,935.00$ 3.60$ 12,866.40$ 4.80$ 17,155.20$ 7.00$ 25,018.00$ A-E17 Grout Fill Existing Water Line (up to 8")LF 3418 14.69$ 50,210.42$ 21.00$ 71,778.00$ 19.00$ 64,942.00$ 14.00$ 47,852.00$ A-E18 Allowance for Unanticipated Water Improvements LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ A-E19 12" X 8" D. I. Reducer EA 1 888.75$ 888.75$ 1,300.00$ 1,300.00$ 1,740.00$ 1,740.00$ 4,300.00$ 4,300.00$ 482,180.99$ 670,034.40$ 833,436.20$ 808,689.00$ A-F1 Mobilization (5% Max of Wastewater Improvements)LS 1 21,250.00$ 21,250.00$ 30,900.00$ 30,900.00$ 42,000.00$ 42,000.00$ 50,000.00$ 50,000.00$ A-F2 Adjust Existing Ring and Cover to Grade EA 2 1,895.42$ 3,790.84$ 2,800.00$ 5,600.00$ 3,910.00$ 7,820.00$ 1,600.00$ 3,200.00$ A-F3 8" PVC SDR-26 Main (Remove and Replace, up to 6' Depth)LF 530 137.28$ 72,758.40$ 200.00$ 106,000.00$ 236.00$ 125,080.00$ 206.00$ 109,180.00$ A-F4 8" PVC SDR-26 Main (Pipe Burst, all Depth)LF 370 81.25$ 30,062.50$ 120.00$ 44,400.00$ 118.00$ 43,660.00$ 105.00$ 38,850.00$ A-F5 12" HDPE Pipe Bursting Existing VCP (12' to 14' Depth)LF 1080 91.25$ 98,550.00$ 163.00$ 176,040.00$ 196.00$ 211,680.00$ 144.00$ 155,520.00$ A-F6 12" HDPE Pipe Bursting Existing VCP (14' to 16' Depth)LF 142 116.25$ 16,507.50$ 180.00$ 25,560.00$ 265.00$ 37,630.00$ 206.00$ 29,252.00$ A-F7 4' Fiberglass Manhole (up to 6' Depth)EA 3 6,772.19$ 20,316.57$ 9,800.00$ 29,400.00$ 14,500.00$ 43,500.00$ 14,000.00$ 42,000.00$ A-F8 Extra Depth for 4' Fiberglass Manhole (over 6' Depth)VF 1 830.00$ 830.00$ 1,200.00$ 1,200.00$ 1,520.00$ 1,520.00$ 6,700.00$ 6,700.00$ A-F9 5' Fiberglass Manhole (up to 6' Depth)EA 1 14,585.63$ 14,585.63$ 21,200.00$ 21,200.00$ 17,500.00$ 17,500.00$ 18,380.00$ 18,380.00$ A-F10 Extra Depth 5' Fiberglass Manhole (over 6' Depth)VF 11 1,015.94$ 11,175.34$ 1,500.00$ 16,500.00$ 2,350.00$ 25,850.00$ 8,210.00$ 90,310.00$ A-F11 4' Manhole Rehab (up to 6' Depths)EA 2 7,411.25$ 14,822.50$ 10,800.00$ 21,600.00$ 11,000.00$ 22,000.00$ 12,683.00$ 25,366.00$ A-F12 Extra Depth for 4' Manhole Rehab (over 6' Depth)VF 20 812.50$ 16,250.00$ 1,200.00$ 24,000.00$ 1,230.00$ 24,600.00$ 8,100.00$ 162,000.00$ A-F13 5' Manhole Rehab (up to 6' Depth)EA 3 13,537.69$ 40,613.07$ 19,700.00$ 59,100.00$ 13,500.00$ 40,500.00$ 14,000.00$ 42,000.00$ PART A-F WASTEWATER IMPROVEMENTS PART A-E WATER IMPROVEMENTS SUBTOTAL A-E WATER IMPROVEMENTS Greenwood to Martin (Bond 2018) City Project No. 18019A UNIT UNIT UNIT UNIT DESCRIPTION QTY.UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 6299 Leopard Street Bay Ltd.Clark Pipeline Services, LLC. Corpus Christi, TX 78409 Frio, Hacala, Dorado St., Corridor - Corpus Christi, TX 78409 (361) 816-6007 (361) 299-3721 Corpus Christi, TX 78409 1414 Valero Way J. E. Construction Services 7505 Up River Rd. Haas-Anderson Construction, Ltd. 1402 Holly Rd. Corpus Christi, TX 78417 (361) 853-2535 (361) 289-2901 A-F14 Extra Depth for 5' Manhole Rehab (over 6' Depth)VF 11 953.75$ 10,491.25$ 1,400.00$ 15,400.00$ 2,410.00$ 26,510.00$ 14,000.00$ 154,000.00$ A-F15 Grout Fill Existing Mains (8" or smaller)LF 1450 13.44$ 19,488.00$ 19.50$ 28,275.00$ 25.00$ 36,250.00$ 20.00$ 29,000.00$ A-F16 WW Service Reconstruction (6" or smaller)EA 12 2,564.58$ 30,774.96$ 3,700.00$ 44,400.00$ 5,030.00$ 60,360.00$ 3,200.00$ 38,400.00$ A-F17 Control of W. W. Flow LS 1 43,750.00$ 43,750.00$ 63,600.00$ 63,600.00$ 66,100.00$ 66,100.00$ 72,600.00$ 72,600.00$ A-F18 OSHA Trench Safety Plan LF 530 8.75$ 4,637.50$ 12.75$ 6,757.50$ 6.00$ 3,180.00$ 14.00$ 7,420.00$ A-F19 OSHA Manhole/Pit Safety Plan EA 4 1,000.00$ 4,000.00$ 1,500.00$ 6,000.00$ 1,080.00$ 4,320.00$ 1,320.00$ 5,280.00$ A-F20 Allowance for Unanticipated Wastewater Improvements LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 484,654.06$ 735,932.50$ 850,060.00$ 1,089,458.00$ A-G1 Mobilization (5% Max of Gas Improvements)LS 1 1,250.00$ 1,250.00$ 1,500.00$ 1,500.00$ 1,300.00$ 1,300.00$ 1,000.00$ 1,000.00$ A-G2 Trench Backfill and Compaction LF 456 53.13$ 24,227.28$ 94.00$ 42,864.00$ 46.00$ 20,976.00$ 40.00$ 18,240.00$ A-G3 OSHA Trench Safety LF 456 1.25$ 570.00$ 5.10$ 2,325.60$ 3.60$ 1,641.60$ 14.00$ 6,384.00$ A-G4 Allowance for Unanticipated Gas Improvements LS 1 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 28,547.28$ 49,189.60$ 26,417.60$ 28,124.00$ 4,476,609.27$ 5,074,809.75$ 6,123,077.10$ 6,253,505.00$ TOTAL PROJECT BASE BID FOR PARTS A-A, A-B, A-C, A-D, A-E, A-F and A-G = "Note: Area in BOLD Gray cell indicates mathematical correction to sub-totaled line item. PART A-G GAS IMPROVEMENTS SUBTOTAL A-G GAS IMPROVEMENTS PART A-F WASTEWATER IMPROVEMENTS 1 WHEREAS, prior to November 2008, the City would typically design and construct arterial roadways with Hot Mix Asphalt Concrete (HMAC) as it was assumed to be the more affordable pavement alternative; WHEREAS, with the November 2008 Bond Election, the City began to bid certain arterial streets with both HMAC and Portland Cement Concrete (PCC) pavement designs resulting in mixed construction awards for either HMAC or PCC pavement; WHEREAS, in 2013, the City upgraded pavement design standards to a 30-year design life using the Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures. The change in design criteria, combined with market forces, created an environment where PCC became much more competitive with HMAC; WHEREAS, in early 2017, at council request, Engineering Services’ staff performed life cycle cost analysis (LCCA) comparing a proposed PCC maintenance plan with the City’s existing HMAC maintenance plan. The results of that LCCA validated the belief that PCC offered reduced maintenance costs over HMAC; WHEREAS, Freese and Nichols, Inc. (FNI) was tasked with re-evaluating the LCCA between HMAC and PCC pavements and providing a letter report with recommendations resulting in three cost range options for bid award recommendations. Engineering staff believes FNI’s analysis warrants raising the $100,000 per lane mile used in the current staff bid award recommendation policy. WHEREAS, during the September 11, 2018 City Council meeting, Council requested a review of the policy regarding bidding street reconstruction projects in both Hot Mix Asphalt Concrete (HMAC) pavement and Portland Cement Concrete (PCC) pavement, staff is recommending the PCC alternate if the PCC bid is not more than $125,000 per lane mile of the HMAC alternative. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council Policy is amended to add City Council Policy 28 to read as follows: 28. – Award Guidelines for Arterial and Collector Streets with Concrete Pavement or Asphalt Pavement If the construction cost for concrete pavement is not more than $125,000 per lane mile ($17.75/square yard) of the asphalt pavement alternative, the concrete pavement alternative will be used by City Council when deciding to award a contract for arterial and collector roadways. . Resolution amending the City Council Policies to add Policy 28 - Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Pavement specifying concrete pavement alternative will be used if construction cost is not more than $125,000 per lane mile of the asphalt pavement alternative 2 ATTEST: THE CITY OF CORPUS CHRISTI ______________________________ ______________________________ Rebecca Huerta Joe McComb City Secretary Mayor 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 ______________ Project No: 18164A 1 SW Legistar No.: 19-1413 Rev. 4 – 10/14/19 AGENDA MEMORANDUM Action Item for the City Council Meeting of October 29, 2019 DATE:September 27, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 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 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a contract to Hanson Professional Services Inc., for preparation of bid documents, street rebuild design, and delivery orders for the $32.55 Million Residential Street Rebuild Program in the amount of $3,389,252.89, located in all City Council districts, effective upon issuance of notice to proceed, with funding available from Bond 2018, Proposition A, Residential Street Construction Fund, and Utility Capital Program. SUMMARY: This contract provides engineering support for the rehabilitation and reconstruction of residential streets located throughout the City of Corpus Christi. It includes the design, bid, and construction phase services in the amount of $3,389,252.89. The program will provide for preparation of IDIQ bid documents for procurement of five construction contracts and the subsequent development of Delivery Orders for construction. BACKGROUND AND FINDINGS: The Street Improvement Plan (SIP) is a strategy addressing maintenance and repair of the entire street system. Residential street improvements are one element of the SIP for program development, funding, and execution. Approximately 50% of the City’s residential streets are in poor condition, and staff has been working to develop a citywide Residential Street Rebuild Program Professional Services Contract Residential Street Rebuild Program Project No: 18164A 2 SW Legistar No.: 19-1413 Rev. 4 – 10/14/19 (RSRP) to address the residential streets in disrepair. Below are the RSRP projects to date. In 2016, Council passed a resolution approving Test Projects to provide up-to-date costing for residential street reconstruction/rehabilitation and execution process information for the RSRP. Construction was completed in December 2018. The Bond 2016 RSRP Project in the amount of $11 million was approved by voters on November 8, 2016. Construction is nearing completion, and all streets in this program should be finished in the fall of 2019. An additional $3.4M was approved by City Council in August 2018 for construction costs for reconstruction of residential streets. The construction contract was approved on September 24, 2019, and construction is anticipated to start in early November 2019. In the November 2018 bond program, voters approved funding for residential streets in the amount of $10.55M.The Street Department has committed $11M of their 2019-2020 operational budget, and another $11M from their 2020-2021 budget to the RSRP. This contract authorizes the engineering services for the streets selected to be completed with those funding sources. This Project will repair selected residential streets in all City Council districts. The RSRP provides for the repair of existing City residential streets by extending the life and structural integrity of existing pavement through rehabilitation, replacement, and reconstruction to meet current City standards. The RSRP includes improvements to pavement, curb and gutter, sidewalks, ADA as required by Texas Department of Licensing Review (TDLR), and limited underground utility improvements. The streets selected for the RSRP Project are first identified based on the Pavement Condition Index (PCI) scoring system to classify streets with a PCI value within the range of 0 – 55. The list is further refined based on Street Selection Matrix criteria which was approved by Council on March 21, 2017. Items included in the Street Selection Matrix are: Rideability Safety (Road Hazards) Proximity to Schools Developed Frontage Utility Conflicts Street Functionality Concrete Work (sidewalks, curb & gutter, driveways) This contract will provide for preparation of required Indefinite Delivery/Indefinite Quantity (ID/IQ) bid documents and preparation of 30 delivery orders (DO’s). DO’s include proposed repairs and quantities of work required for each specific street within the work plan. PROJECT TIMELINE: N D J F M A M J J A S O N D J F M A M 20202019 Design Bid 2021 Jan - Dec 2022 Construction Project No: 18164A 3 SW Legistar No.: 19-1413 Rev. 4 – 10/14/19 Development of bid documents will begin in November of 2019 and should be complete in February of 2020. The bid documents will be structured to award three (3) contracts for rehabilitation and two (2) contracts for reconstruction. Construction is anticipated to begin May of 2020 with completion of the program scheduled for May 2022. There are 30 DO’s anticipated to be required for construction. COMPETITIVE SOLICITATION PROCESS: Hanson Professional Services Inc., was selected for design of the RSRP streets in February 2019 under RFQ 2018-10. RSRP was one of thirty-two selections that were announced under the Transportation Category of the RFQ. Fifteen firms submitted under the Transportation Category and thirteen firms were selected. Hanson Professional Services Inc., was one of the highest ranked firms in the Transportation Category and the RSRP project was their first highest stated preference. The selection committee with representatives from the Streets Department and Engineering Services ranked Hanson Professional Services Inc., qualifications based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with multiple Bond street programs and local utilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. ALTERNATIVES: Any alternative to awarding the contract will delay the reconstruction of the project and impede Council goals of completing Bond 2018 street projects in a timely manner and within budget. FISCAL IMPACT: The RSRP was developed to rehabilitate or reconstruct residential streets in poor condition in all City Council districts, based on the Council approved process. The amount needed to fund the program is available from Bond 2018 Proposition A, Residential Street Construction Fund, and Utility Capital Program. Approval of this item will award a design, bid and construction phase services contract to Hanson Professional Services Inc., in the amount of $3,389,252.89 for reconstruction of neighborhood streets located in all City Council districts, effective upon issuance of notice to proceed. Funding Detail: Fund: Street Bond 2019 Bond 18 Part 1 (Fund 3556) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Residential Street Rebuild Program (Project #18164A) Account: Outside Consultants (Account #550950) Activity: 18164-A-3556-EXP Amount:$643,636.09 Fund: Residential Street Reconstruction (Fund 1042) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Residential Street Rebuild Program (Project #18164A) Account: Outside Consultants (Account #550950) Activity: 18164-A-1042-EXP Amount:$1,762,733.46 Fund: Storm Water 2015 Bond (Fund 4531) Mission Elem: Street Pavement Maintenance (ME 051) Project No: 18164A 4 SW Legistar No.: 19-1413 Rev. 4 – 10/14/19 Project No.: Residential Street Rebuild Program (Project #18164A) Account: Outside Consultants (Account #550950) Activity: 18164-A-4531-EXP Amount:$ 442,297.50 Fund: Water 2019 CIP Bond (Fund 4098) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Residential Street Rebuild Program (Project #18164A) Account: Outside Consultants (Account #550950) Activity: 18164-A-4098-EXP Amount:$245,720.83 Fund: Wastewater Capital Reserve (Fund 4510) Pay as you go Mission Elem: Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Residential Street Rebuild Program (Project #18164A) Account: Outside Consultants (Account #550950) Activity: 18164-A-4510-EXP Amount:$245,720.83 Fund: Gas 2015 CIP (Fund 4559) Mission Elem: Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Residential Street Rebuild Program (Project #18164A) Account: Outside Consultants (Account #550950) Activity: 18164-A-4559-EXP Amount:$49,144.19 RECOMMENDATION: Staff recommends award of a contract to Hanson Professional Services Inc., in the amount of $3,389,252.89 for the design, bid and construction phase services for the Residential Street Rebuild Program. The design phase will start in November 2019 with completion planned in February 2020. Construction is planned to start late spring of 2020 with anticipation completion spring of 2022. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Contract 37 37 181 77 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RESIDENTIAL STREET REBUILD PROGRAM Project Number: 18164A N RESIDENTIAL STREET REBUILD PROGRAM DISTRICT 5 DISTRICT 4DISTRICT3 DISTRICT 2 DISTRICT 1 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RESIDENTIAL STREET REBUILD PROGRAM Project Number: 18164AVICINITY MAP NOT TO SCALE CITYWIDE PROJECT Contract for Professional Services Page 1 of 12 SERVICE AGREEMENT NO. 2646 CONTRACT FOR PROFESSIONAL SERVICES 18164A Residential Street Rebuild Program (Bond 2018) 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 Hanson Professional Services, Inc., 4501 Gollihar Road, Corpus Christi, Nueces County, Texas 78411 (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 2 of 12 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is 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 Agreemen t, 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 sub consultants 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. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless s tated 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 3 rd party owners/operators. Contract for Professional Services Page 3 of 12 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. Ba sed 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 $3,389,252.89. 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 Ge neral. 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. Consultan t 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 4 of 12 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 r elating 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 t he City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of ____ years beginning on the Effective Date. The Agreement may be renewed for up to _____ one -year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Contract for Professional Services Page 5 of 12 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 W ork for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factor s 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 fa miliar 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 subcontr actor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Contract for Professional Services Page 6 of 12 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 w holly 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 suspen sion 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 w ork 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 service s not completed. Contract for Professional Services Page 7 of 12 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 Agre ement, 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, inspectio ns or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X – OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and /or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and /or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. Contract for Professional Services Page 8 of 12 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 a rising 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 auth orized 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 representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condi tion precedent to the use of mediation. If the parties’ senior Contract for Professional Services Page 9 of 12 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 mediatio n process contained herein. 12.2.2.1 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. 12.2.2.2 Request for mediation shall be in writing, a nd 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. 12.2.2.3 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. 12.2.2.4 The parties shall share the mediator’s fe e. 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 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 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 10 of 12 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. 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. Contract for Professional Services Page 12 of 12 Residential Street Rebuild Program (Bond 2018) Project No. 18164A Service Agreement No. 2646 Fund Name Accounting Unit Account No. Activity No. Amount Street Bond 2019 Bond 2018 P1 3556-051 550950 18164-A-3556-EXP $643,636.09 Residential Street Reconstruction Fund 1042-051 550950 18164-A-1042-EXP 1,762,733.46 Storm Water Cap Reserve 4540-043 550950 18164-A-4540-EXP 442,297.50 Water 2015 Bond 4097-041 550950 18164-A-4097-EXP 245,720.83 Wastewater Capital Resv 4510-042 550950 18164-A-4510-EXP 245,720.83 Gas 2015 CIP 4559-022 550950 18164-A-4559-EXP 49,144.18 Total $3,389,252.89 September 26, 2019 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Re: Scope of Services Residential Street Rebuild City Project No. Bond 2018, 18164A Dear Mr. Edmonds, Hanson Professional Services Inc. 4501 Gollihar Road Corpus Christi, TX 78411 (361) 814-9900 Fax: (361) 814-4401 www.hanson-inc.com On behalf of Hanson we would like to thank you for the opportunity to assist the City with the completion of this project. The basic scope of the project includes the re-construction and rehabilitation of numerous streets throughout the City. Funding for the reconstruction portion of the roadways was approved by the voters as part of the Bond 2018 election. Additional funding for the Rehabilitation work will be funded through the Street Fees and Utility Funds. The approximate summary of construction budget available are as follows: Bond 2018 2019 Street Fund 2020 Street Fund 2019 Utility Fund 2020 Utility Fund $ 8,018,000 $11,073,200 $11,073,200 $ 7,617,100 $ 4,417,100 Total Construction Budget $42,198,600 The intent this program is to issue multiple ID/IQ contracts to construction contractors for the roadway reconstruction and rehabilitation. One Bid Packet will be prepared and utilized as the bases for awarding multiple ID/IQ contracts. In summary the intent is to issue the following multiple contracts having multiple Delivery Orders (DO) over a two year period commencing in 2020 terminating in 2022. Base Bid A-Reconstruction Contract (4, DO's in Year 1) Base Bid B -Reconstruction Contract ( 4, DO's in Year 1) Base Bid C -Rehabilitation Contract (5 Delivery DO's in Year 1 and 5 DO's in Year 2) Base Bid D -Rehabilitation Contract (3 Delivery DO's in Year 1 and 3 DO's in Year 2) Base Bid E -Rehabilitation Contract (3 Delivery DO's in Year 1 and 3 DO's in Year 2) EXHIBIT "A" Page 1 of 10 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi September 26, 2019 City staff will be responsible for providing the list of streets that will be constructed as part of the program. The Engineering services contract will be broken up into multiple years with Year-1 being the basic contract of services and Year-2 being optional year for Rehabilitation. Year-1 will include the preliminary phase, bid phase, and issuing delivery orders for he contractors Year-1 (19 Each) Year-2 will include issuing deliver orders for the construction contract Year-2 (11 Each). The Year-2 fee will include the cost of fieldwork, permitting, ADA review associated with the DO's issued for Year-2. Basic Services: Preliminary Phase 1.Conduct the initial field reconnaissance and due diligence required to commence the project. 2.Conduct meeting with City Staff to identify the need for utility upgrades. 3.Prepare a basic Engineering Letter Report (ELR). The ELR will not be as detailed as the format historically required on the large Bond program roadways. The intent is to evaluate the existing pavement conditions, identify the condition of existing utilities and develop recommendations. The recommendations will include an improvements summary letter, exhibits depicting the proposed pavement related improvements and the proposed utility improvements. In addition, a current Opinion of Probable Cost will be prepared for each of the sections. Design Phase (One Bid set with Five Base Bids} 1.Project Meetings with City staff will be held at key milestones. The initial meeting will be to discuss the formatting required for the Plans and Specifications. Follow up meetings will be conducted to review the 90% and Final submittal. 2.Submit the draft documents to the designated City staff for review and comment. Including a 90% and Final submittal. It is estimated that the bid plan set will be close to approximately 79 plan sheets. Adequate examples will be incorporated in order to establish unit pricing for each type of pavement and utility construction that is anticipated. 3.Update the draft plan submittal based on City Staff feedback. Submit the final bid package for approval. 4.Prepare a set of plans and specifications that will be utilized by the City for bidding in order to issue five (5) contracts including two (2) for reconstruction and three (3) for rehabilitation. EXHIBIT "A" Page 2 of 10 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi September 26, 2019 Bidding Phase Assist with the Bidding process, consisting of attending pre-bid meetings, bid openings, addressing questions and issuing addenda and recommending award. Provide documents required for CivCast. Construction Phase -Delivery Order Preparation It is anticipated that five (5) ID/IQ contracts will be issued by the City. A total of thirty (30) Delivery Orders (DO's) will be issued via the five contracts as follows: Base Bid A-Reconstruction Contract (4, DO's in Year 1) Base Bid B -Reconstruction Contract ( 4, DO's in Year 1) Base Bid C -Rehabilitation Contract (5 Delivery DO's in Year 1 and 5 DO's in Year 2) Base Bid D -Rehabilitation Contract (3 Delivery DO's in Year 1 and 3 DO's in Year 2) Base Bid E -Rehabilitation Contract (3 Delivery DO's in Year 1 and 3 DO's in Year 2) The value of each contract will be based on a pre-determined construction contract maximum amount to be set by the City prior to the bidding phase. The process for preparing the DO's will be as follows: 1.Attend one (1) pre-construction meeting for each Contract with the City and each of the ID/IQ contractors to discuss the process of implementing the program. 2.Perform site visits. Representatives from Hanson will visit each of the roadway sections in order to assess the condition of the existing roadways, sidewalks, driveways, etc. in order to assess the condition and be able to clearly identify/quantify items which will be proposed to be upgraded/replaced. The recommendations will be incorporated into the draft DO's to be submitted to Contractor and City Staff for review. 3.Identify and coordinate efforts with other local authorities having jurisdiction or that may be impacted by the construction process, consisting of the Regional Transportation Authority, Texas Department of Transportation (TxDOT), identified School Districts and public medical facilities providing emergency services. 4.Review the geotechnical investigations for the identified street segments. The geotechnical investigation will be completed by a third party hired directly by the City. 5.Prepare draft DOs for issuance to the Contractors. One set of DO's will be immediately available to the contractor upon receipt of a Notice to Proceed with Construction. Subsequent DO's will be issued systematically in Year 1 and Year 2 until the completion of the Contracts. Each of the DOs will include: a.Each DO will reference to the requirements outlined in the primary ID/IQ contract. b.A typical Delivery Order will include the following for Year 1: •Title Sheet (1 per DO) •Summary of Quantities Sheet (2 sheets per DO) EXHIBIT "A" Page 3 of 10 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi September 26, 2019 •Reconstruction or Rehabilitation Plan Sheets Plans(5-8 per DO) •Reconstruction or Rehabilitation Demo Plans (4-6 per DO) •Reconstruction or Rehabilitation ADA Detail sheets (6-8 per DO) •Reconstruction or Rehabilitation Utility Sheets (4-6 per DO) c.Plan sheets ( 11"x17") for each of the street segments will include the limits of construction, areas of pavement rehabilitation, limits of areas outside the pavement section to be constructed, boring locations and descriptions for any items required that are included in the unit pricing. d.The DO set will provide additional information that may assist the contractor to understand the scope of work to be completed in each DO. 6.Submit the draft delivery orders to the designated City staff and make field visits with staff and contractor to fully review the proposed scope, costs and other ancillary items. 7.Update the draft delivery orders based on City and Contractor feedback. Submit the final deliver orders for approval. 8.Conduct one (1) meeting for each DO with the Contractor and City staff to review the final delivery orders and ensure coordination prior to commencing the construction. 9.Issue the final approved delivery orders to the contractor for construction. 10.An option to prepare additional plan sheets is included in the scope of work. The City's Project Manager will authorize the sheets if deemed necessary. 11.Review field and laboratory tests furnished by the City and/or the contractor during the construction process. 12.Respond to Requests for Information (RFls) that arise during the construction process. 13.Provide limited construction phase services for DOs including. •The actual time for construction phase services will vary and will be billed on a time and materials basis. •On average, each active DO will be visited bi-weekly (2 per month) throughout the duration of the DO to verify that the intent of the work is being met by the contractor. •Communicate with the City's full time inspection team and the Contractor's superintendent during each visit. •One visit may consist of a project meeting along with site visit and reporting (§ hours max per visit). •The second visit will be to the sites only to include reporting (4 hours max per visit). 14.Provide input regarding change orders as authorized by the City (coordinate with the City's construction division). The City's construction team will prepare and execute any change orders. 15.Coordinate ADA review of construction where applicable. 16.Conduct, along with City Staff, a pre-final and a final inspection of the completed construction on each street segment, and provide the City with a Certificate of Completion for the Delivery Order. 17.Prepare record drawings of construction for each Delivery Order as completed. EXHIBIT "A" Page 4 of 10 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi September 26, 2019 Additional Services: 1.Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a)NPDES Permit/Amendments (including SSC, NOi NOT) b)Texas Department of Licensing and Regulation (TDLR) c)TxDOT permitting 2.Topographic and Right-of-Way (ROW) Survey. All work must comply with Category 1- A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, latest edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. Include references tying Control Points to a minimum of two (2) registered NGS Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. Survey sheets shall be sealed, provided to the City and included in the bid document plan set. a)Establish Horizontal and Vertical Control. b)Establish both primary and secondary horizontal/vertical control. c)Set project control points for Horizontal and Vertical Control outside the limits of area that will be disturbed by construction. d)Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied-i.e. -the coordinate data will remain in grid. e)Vertical control will be based on NAVO 88. f)All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g)Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h)Obtain x, y, and z coordinates of all accessible existing wastewater, storm water, water, IT and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility marking from the Texas 811 request. i)Open accessible manholes and inlets to obtain information on structure invert, type, and size; and all related pipe size, type, invert, orientation, and flow direction. j)Everything up to and including Level B subsurface engineering (SUE) is to be included in Topographic Survey. Surveying services related to Level A SUE are not EXHIBIT "A" Page 5 of 10 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi September 26, 2019 included in Topographic and ROW Survey services, but shall be provided as part of the scope of work for SUE below, if needed. k)Locate existing features within the apparent ROW. I)Locate and identify trees, at least five inches in diameter, and areas of significant landscape or shrubs within the apparent ROW. m)Generate electronic planimetric base map for use in project design. n)Obtain finished floor elevations of critical and habitable structures along the roadway corridor as needed to certify drainage design criteria are met. o)The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. p)Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. q)Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, addresses, and significant business/facility names. 2.Public Involvement. Participate in public meetings (3 hours per meeting). It is anticipated that one public meeting will be held in each of the five City Districts in Year One and Year Two for a total of ten (10) public meetings. Hanson will prepare required exhibits for meetings. The City will schedule and coordinate the agenda and presentation material for the public meetings and prepare and mail out all notices for the meetings to the affected stakeholders. The City will provide all public outreach and citizen/stakeholder coordination during the design and construction of the project including one-on-one stakeholder meetings. Hanson staff will be available to coordinate with residents/property owners during design when warranted and requested by City Staff. If the proposed improvements will affect a homeowners landscaping, property, or ADA accessibility, Hanson would be available to discuss the improvements along with a City Inspector with the property owner. 3.Construction Observation Services. (NOT AUTHORIZED) To be Determined 4.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 EXHIBIT "A" Page 6 of 10 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi September 26, 2019 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. PROJECT SCHEDULE Proposed Project Schedule Residential Street Rebuild (Bond 2018, 18164A) Prepared by: Willie Rivera Prepared: September 26, 2019 Date Activity Monday, November 4, 2019 HPS Notice to Proceed Friday, December 20, 2019 Draft ELR submitted to City Monday, December 23, 2019 Commence Design Phase for Bid Set* Friday, January 10, 2020 City Provides Comments on Draft ELR Monday, January 20, 2020 Final ELR submitted to City Monday, January 20, 2020 90% Plan Submittal Monday, February 3, 2020 City Review Comments Received Monday, February 10, 2020 Final Sealed Plan Submittal for Bid Set Monday, February 10, 2020 Commence First DO for Each IDIQ Contract February, 2020 Advertise for Bids March, 2020 Receive Bids April, 2020 Award Contract April, 2020 Begin Construction Phase April, 2022 End Construction *The preliminary work on the design packet will include setting up all the standard plan sheets while the summary of quantities are being derived through the ELR process. If HPS's services are delayed through no fault of HPS, HPS shall be entitled to adjust contract schedule consistent with the number of days of delay. EXHIBIT "A" Page 7 of 10 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi September 26, 2019 Hanson Professional Services Inc. proposes to perform the scope of services listed above for the total fee of $3,389,252.89. A fee Summary Table is attached. In addition we have attached our Basis of Payment (Rate Sheet 19 Rev. 0) to be utilized on items to be paid for as time & materials. For the executed agreement, please utilize James Messmore, Infrastructure Market Principal, Vice-President as the signature on behalf of Hanson Professional Services, Inc. We look forward to working with your team on this project. Please feel free to contact me at 361-814-9900 if you have any questions. Sincerely, Hanson Profe {A};j) Wilfredo Rivera, Jr., P.E. Assistant Vice-President l:\18jobs\18L0009A\Admin\03-Proposal\Exhibit A-City Project 18164A (092519).docx EXHIBIT "A" Page 8 of 10 BASIC SERVICES 1. Preliminary Phase a. Year One b. Year Two {Optional) 2. Design Phase (Bid Set) 3. Bid Phase 4 Construction Phase (DO PREPARATION) a. Year One b. Year Two (Optional) 5. Construction Administration a. Year One (Time and Materials) b. Year Two (Optional Time and Materials) SUB-TOTAL BASIC SERVICES ADDITIONAL SERVICES 1. Topographic Surveying (Full blown Tope, Utilities, Etc.) a. Year One b. Year Two 2. Public Outreach a. Year One b. Year Two (Optional) 3 ADA Permitting a. Year One b. Year Two (Optional) 4. Additional DO preparation (1 O Sheets, Optional) 5. Warranty Period a. Year One b. Year Two SUB-TOTAL ADDITIONAL SERVICES TOTAL FEE FEE SUMMARY RESIDENTIAL REBUILD (BOND 2018, 18164A) HANSON PROFESSIONAL SERVICES City Funding Source 2018 Bond Program 2019-2020 2019-2020 Utiltity Fund Street Fund Storm Water Water Waste Water $ 52,207.40 $ 72,095.93 s 22,847.30 $ 12,692.95 $ 12,692.95 $ -$ 73,003.54 $ 13,418.26 $ 7,454.59 $ 7,454.59 $ 16,144.15 $ 41,513.53 $ 10,597.64 $ 5,887.58 $ 5,887.58 $ 4,908.37 $ 12,621.53 $ 3,222.05 $ 1,790.03 $ 1,790.03 $ -$ -$ - $ 408,897.49 $ 564,667.96 $ 178,944.07 $ 99,413.37 $ 99,413.37 $ -$ 571,776.53 $ 105,094.14 $ 58,385.63 $ 58,385.63 $ 37,573.20 $ 51,886.80 $ 16,443.00 $ 9,135.00 $ 9,135.00 $ -$ 52,540.00 $ 9,657.00 $ 5,365.00 $ 5,365.00 $ 519,730.61 $ 1,440,105.82 $ 360,223.46 $ 200,124.14 $ 200,124.14 $ 80,977.76 $ 111,826.43 $ 35,437.95 $ 19,687.75 $ 19,687.75 $ -$ 113,234.21 $ 20,812.77 $ 11,562.65 $ 11,562.65 $13,628.83 $18,820.77 $5,964.33 $3,313.52 $3,313.52 $0.00 $19,057.70 $3,502.86 $1,946.03 $1,946.03 $7,990.02 $11,033.83 $3,496.64 $1,942.58 $1,942.58 $0.00 $11,172.74 $2,053.58 $1,140.88 $1,140.88 $ 15,548.15 $ 21,471.25 $ 6,804.27 $ 3,780.15 $ 3,780.15 $ 5,760.72 $ 7,955.28 $ 2,521.04 $ 1,400.58 $ 1,400.58 $ -$ 8,055.43 $ 1,480.61 $ 822.56 $ 822.56 $ 123,905.48 $ 322,627.64 $ 82,074.05 $ 45,596.69 $ 45,596.69 $ 643,636.09 $1,762,733.46 $442,297.50 $ 245,720.83 $ 245,720.83 Sub-Total Fee Total Gas $ 277,897.00 s 2,538.59 $ 175,075.11 $ 1,490.92 $ 102,821.89 $ 1,177.52 $ 81,208.00 $ 81,208.00 $ 358.01 $ 24,690.00 $ 24,690.00 $ -$ 2,176,538.00 $ 19,882.67 $ 1,371,218.94 $ 11,677.13 $ 805,319.06 $ 200,000.00 $ 1,827.00 $ 126,000.00 $ 1,073.00 $ 74,000.00 $ 40,024.83 $ 2,760,333.00 $ 2,760,333.00 $ 431,040.00 $ 3,937.55 $ 271,555.20 $ 2,312.53 $ 159,484.80 $72,545.49 $662.70 $45,703.66 $389.21 $26,841.83 $42,530.40 $388.52 $26,794.15 $228.18 $15,736.25 $ 756.03 $ 52,140.00 $ 52,140.00 $ 30,664.00 $ 280.12 $ 19,318.32 $ 164.51 $ 11,345.68 $ 9,119.34 $ 628,919.89 $ 628,919.89 $ 49,144.17 $ 3,389,252.89 $ 3,389,252.89 EXHIBIT "A" Page 10 of 10EXHIBIT "A" Page 10 of 10 EXHIBIT "A" Page 10 of 10EXHIBIT "A" Page 9 of 10 BASIS OF PAYMENT CONSULTING SERVICES The following schedule is for normal design and consulting services provided on an hourly basis. I.ENGINEER/ARCHITECT/SCIENTIST POSITIONS: ENGINEER/ ARCHITECT/SCIENTIST I ................................................................................................................................. $107 .00 ENGINEER/ARCHITECT/SCIENTIST II ................................................................................................................................ $111.00 ENGINEER /ARCHITECT/SCIENTIST III .............................................................................................................................. $114.00 ENGINEER/ARCHITECT/SCIENTIST IV .............................................................................................................................. $129.00 ENGINEER/ARCHITECT/SCIENTIST V ................................................................................................................................ $153.00 ENGINEER/ARCHITECT/SCIENTIST VI .............................................................................................................................. $175.00 ENGINEER/ARCHITECT/SCIENTIST VII ............................................................................................................................. $202.00 ENGINEER/ ARCHITECT/SCIENTIST VIII ............................................................................................................................ $238.00 PRINCIPAL ................................................................................................................................................................................ $311.00 2.TECHNICAL POSITIONS: AIDE .............................................................................................................................................................................................. $60.00 TECHNICIAN I ............................................................................................................................................................................ $65.00 TECHNICIAN II ........................................................................................................................................................................... $73.00 TECHNICIAN III ......................................................................................................................................................................... $84.00 TECHNICIAN IV ...................................................................... , ................................................................................................ $105.00 TECHNICIAN V ......................................................................................................................................................................... $I l 0.00 TECHNICIAN VI ....................................................................................................................................................................... $115.00 TECHNICIAN VII ...................................................................................................................................................................... $129.00 MANAGER/DESIGNER ........................................................................................................................................................... $142.00 3.ADMINISTRATIVE: ADMINISTRATIVE I .................................................................................................................................................................. $38.00 ADMJNISTRA TIVE II ................................................................................................................................................................. $66.00 ADMINISTRATIVE III ................................................................................................................................................................ $70.00 ADMINISTRATIVE rv ······························································································································································· $90.00 ADMINISTRATIVE V ................................................................................................................................................................. $95.00 ADMINISTRATIVE VI ............................................................................................................................................................. $136.00 ADMINISTRATIVE VII ............................................................................................................................................................ $ I 84.00 4.Charges for special services, expert testimony, etc., will be negotiated. 5.The above rates cover straight time only. Overtime directed by the client will be surcharged by 25 percent. 6.Charges for outside consultants and contractors will be at invoice cost plus IO percent. 7.All direct job expenses and materials other than normal office supplies will be charged at cost plus IO percent. 8.Mileage charges for automobile = 58 cents per mile. Mileage charges for mobile lab or truck= 66 cents per mile. Charges for vehicles that will remain assigned to a specific job will be $70.00 per day or $825.00 per month for automobiles, and $75.00 per day or $1,125.00 per month for mobile Jabs or trucks, plus the cost of fuel in lieu of mileage charges. 9.Services will be billed monthly and at the completion of the project. There will be an additional charge of I 1/2 percent per month compounded monthly on amounts outstanding more than 30 days. 10.Rates are subject to change and may be superseded by a new schedule on or about January I, 2020. 19 Rev. 0 �HANSON EXHIBIT "A" Page 10 of 10 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1 1 Rev 09/19 Exhibit C Page 1 of 2 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 Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 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 2 Rev 09/19 Exhibit C Page 2 of 2 from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2.Agreement - The document executed between Owner and Contractor covering the Work. 3.Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4.Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5.Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6.Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7.Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8.Bidder - An individual or entity that submits a Bid to Owner. 9.Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10.Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11.Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12.Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13.Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a.Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner’s Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” or “provide.” F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer’s findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. ARTICLE 6 – BONDS AND INSURANCE ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ARTICLE 8 – OTHER WORK AT THE SITE ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer’s authority related to Modifications is described in Article 11. D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel - Not Required.” No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer’s notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 Project No.: 19037A 1 SG Legistar No.: 19-1391 Rev. 2 – 10/04/19 AGENDA MEMORANDUM Action Item for the City Council Meeting of October 29, 2019 DATE: October 4, 2019 TO: Peter Zanoni, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 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) 826-1817 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a contract to CPC Interests, LLC d/b/a Clark Pipeline Services, LLP, for construction improvements under the Citywide Water Distribution System Indefinite Delivery/Indefinite Quantity (IDIQ) Program, in the amount up to $5,000,000 plus two (2) optional administrative renewals for a total contract price up to $15,000,000 for Citywide improvements, and is effective upon issuance of notice to proceed, with funding available from the Water Capital Improvement Program. SUMMARY: This motion approves a waterline IDIQ construction contract to implement strategic lifecycle waterline improvements to properly sustain water services and water quality City-wide for waterlines ranging from 4-inch to 24-inch diameter. IDIQ contracts are practical for repetitive type work such as pipeline replacement, and the contract line items have pre-established bid prices, which allows the contractor to quickly mobilize when needed after the scope of work is agreed upon. BACKGROUND AND FINDINGS: This project is part of the strategic lifecycle program to address aging infrastructure of the water distribution system (1,368 miles). The program is flexible and provides a systematic approach to Construction Contract Award Citywide Water Distribution System Indefinite Delivery Indefinite Quantity Program Project No.: 19037A 2 SG Legistar No.: 19-1391 Rev. 2 – 10/04/19 replace and extend the life of waterlines while enhancing water quality. Additional benefits include increased distribution reliability with reduced service outages and reduced operational costs. The implementation of waterline lifecycle replacement program was developed with a combination of in-house crews and contractor support with two IDIQ projects; one for large diameter lines up to 24-inches, and one for small diameter lines from 4-inches to 8-inches that make up the majority of the City’s waterlines. On August 20, 2019, City Council approved the small diameter IDIQ construction contract for 4-inch to 8-inch diameter pipelines. The overall program identifies, prioritizes, and implements specific capital improvement projects to extend the service life with improved capacity and water quality, and to reduce long-term maintenance costs. The IDIQ provides for real time engineering solutions and early contractor involvement to minimize cost and change orders. Prior to issuing the Delivery Order (DO), a site visit is conducted to ensure that DO is complete and describes the best engineering solution. Contractor’s bid prices are then used to price the scope of work described in the DO. This item provides construction improvements of pipelines ranging from 4-inches up to 24-inches by open trenching, pipe bursting, horizontal directional drilling, and jack and bore, along with new fire hydrants, valves, fittings, etc. and surface restoration of sidewalks, pavement, and landscaping to complete the projects. Work will be executed with multiple IDIQ delivery orders. The IDIQ construction was developed as a multi-year contract with a one-year base and two optional extensions to be administratively authorized. PROJECT TIMELINE: O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N 20202019 Construction 20222021 Projected Schedule reflects City Council award in October 2019 with anticipated completion in November 2020 for the base year contract. There are two one-year extensions based on satisfactory performance and available funds. COMPETITIVE SOLICITATION PROCESS: On September 11, 2019 the City received proposals from three (3) bidders. A summary of bids is provided below. BID SUMMARY CONTRACTOR BASE BID CPC Interests, LLC dba Clark Pipeline Services, LLP Corpus Christi, Texas $4,492,350.00 Bridges Specialties, Inc. Robstown, Texas $4,598,910.00 National Power Rodding Austin, Texas $6,015,150.00 Engineer’s Opinion of Probable Cost $5,000,000.00 The City analyzed all three proposals submitted in accordance with contract documents and determined the lowest responsive bidder was Clark Pipeline Services, LLP. Project No.: 19037A 3 SG Legistar No.: 19-1391 Rev. 2 – 10/04/19 ALTERNATIVES: The recommended alternative is to award the construction contract to low bidder, Clark Pipeline Services. Not awarding the contract could delay response times on critical water line renewals. FINANCIAL IMPACT: This contract to CPC Interests, LLC d/b/a Clark Pipeline Services, LLP, for construction improvements under the Citywide Water Distribution System Indefinite Delivery/Indefinite Quantity (IDIQ) Program is in the amount up to $5,000,000 for the base year plus two (2) optional one-year administrative renewals for a total contract price up to $15,000,000 with funding available from the Water Capital Improvement Program. This waterline IDIQ construction contract will be used to implement strategic lifecycle waterline improvements to properly sustain water services and water quality throughout the City for waterlines ranging from 4-inch to 24-inch diameter. IDIQ contracts are practical for repetitive type work such as pipeline replacement, and the contract line items were already pre-negotiated, which allows the contractor to quickly mobilize when needed after the scope of work is agreed upon. Funding Detail: Fund: Water Capital Reserve Fund 4480 Project No.: Citywide Water Distribution System IDIQ Program Year 1 #19037A Account: Construction 550910 Activity: 19037-A-4480-EXP RECOMMENDATION: Staff and Urban Engineering recommend awarding the construction contract for the Citywide Water Distribution System Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Year 1) to Clark Pipeline Services, in the amount up to $5,000,000. Construction is anticipated to start in November 2019 with completion of Year 1 of 3 in October 2020. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs Letter of Recommendation 37 37 181 77 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Citywide Water Distribution System IDIQ Program (2019, Year 1) Project Number: 19037ALOCATION MAP NOT TO SCALE CITYWIDE PROJECT N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Citywide Water Distribution System IDIQ Program (2019, Year 1) Project Number: 19037AVICINITY MAP NOT TO SCALE CITYWIDE PROJECT DEPARTMENT OF ENGINEERING - CITY OF COPURS CHRISTI, TEXAS Urban Engineering Completion : 365 Days ENGINEER'S ESTIMATE: 1,800, 000 WATER LINE REPLACEMENT PROGRAM CITY PROJECT No: 19010A ITEM UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 LS 1 75,013.45$ 75,013.45$ 82,600.00$ 82,600.00$ 80,000.00$ 80,000.00$ A2 LS 1 75,013.45$ 75,013.45$ 31,860.00$ 31,860.00$ 45,000.00$ 45,000.00$ A3 DAY 1 5,000.00$ 5,000.00$ 236.00$ 236.00$ 1,600.00$ 1,600.00$ 155,026.90$ 114,696.00$ 126,600.00$ B1 LF 100 20.00$ 2,000.00$ 14.16$ 1,416.00$ 14.00$ 1,400.00$ B2 LF 100 34.00$ 3,400.00$ 17.70$ 1,770.00$ 16.00$ 1,600.00$ B3 LF 50 36.00$ 1,800.00$ 31.86$ 1,593.00$ 30.00$ 1,500.00$ B4 LF 50 40.00$ 2,000.00$ 33.04$ 1,652.00$ 32.00$ 1,600.00$ B5 LF 50 45.00$ 2,250.00$ 29.50$ 1,475.00$ 28.00$ 1,400.00$ B6 LF 50 50.00$ 2,500.00$ 31.86$ 1,593.00$ 30.00$ 1,500.00$ B7 LF 50 60.00$ 3,000.00$ 33.04$ 1,652.00$ 32.00$ 1,600.00$ B8 LF 50 65.00$ 3,250.00$ 34.40$ 1,720.00$ 35.00$ 1,750.00$ B9 LF 10 10.00$ 100.00$ 39.33$ 393.30$ 20.00$ 200.00$ TABULATION OF BIDS Bridges Specialties, Inc. 4233 FM 624 Robstown, Texas 78380 (361) 387-2743 Abel's Paving & Construction, Inc. 1442 Cliff Maus Corpus Chirsti, Texas 78405 (361) 852-1194 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, Texas 78409 (361) 929-5822 SUBTOTAL PART A - GENERAL (Items A1 thru A3) TABULATED BY: J. Douglas McMullan, P. E. Extra Depth for Waterline Removals for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) Remove and Dispose of 6" Diam. CIP and DIP Waterline (Up to 6-ft of Cover) Remove and Dispose of 8" Diam. CIP and DIP Waterline (Up to 6-ft of Cover) Remove and Dispose of 4" Diam. CIP and DIP Waterline (Up to 6-ft of Cover) DESCRIPTION PART A - GENERAL Mobilization (Maximum 5%) Bonds and Insurance PART B - WATERLINE IMPROVEMENTS Ozone Advisory Day Remove and Dispose of 2" Diam. ACP Waterline (Up to 6-ft of Cover) Remove and Dispose of 4" Diam. ACP Waterline (Up to 6-ft of Cover) Remove and Dispose of 6" Diam. ACP Waterline (Up to 6-ft of Cover) Remove and Dispose of 8" Diam. ACP Waterline (Up to 6-ft of Cover) Remove and Dispose of 2" Diam. CIP and DIP Waterline (Up to 6-ft of Cover) DATE BID: June 26, 2019 Page 1 of 11 WATER LINE REPLACEMENT PROGRAM CITY PROJECT No: 19010A ITEM UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Bridges Specialties, Inc. 4233 FM 624 Robstown, Texas 78380 (361) 387-2743 Abel's Paving & Construction, Inc. 1442 Cliff Maus Corpus Chirsti, Texas 78405 (361) 852-1194 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, Texas 78409 (361) 929-5822 DESCRIPTION B10 EA 5 3,400.00$ 17,000.00$ 6,709.48$ 33,547.40$ 5,500.00$ 27,500.00$ B11 EA 5 3,500.00$ 17,500.00$ 6,497.08$ 32,485.40$ 5,900.00$ 29,500.00$ B12 EA 5 3,600.00$ 18,000.00$ 7,226.32$ 36,131.60$ 7,000.00$ 35,000.00$ B13 EA 5 2,500.00$ 12,500.00$ 1,438.42$ 7,192.10$ 100.00$ 500.00$ B14 LF 400 13.96$ 5,584.00$ 31.86$ 12,744.00$ 30.00$ 12,000.00$ B15 LF 400 16.00$ 6,400.00$ 42.09$ 16,836.00$ 35.00$ 14,000.00$ B16 LF 400 22.00$ 8,800.00$ 52.81$ 21,124.00$ 48.00$ 19,200.00$ B17 LF 100 8.50$ 850.00$ 21.63$ 2,163.00$ 10.00$ 1,000.00$ B18 LF 100 225.00$ 22,500.00$ 81.42$ 8,142.00$ 150.00$ 15,000.00$ B19 LF 100 245.00$ 24,500.00$ 125.08$ 12,508.00$ 170.00$ 17,000.00$ B20 LF 100 265.00$ 26,500.00$ 177.00$ 17,700.00$ 220.00$ 22,000.00$ B21 LF 10 60.00$ 600.00$ 39.33$ 393.30$ 100.00$ 1,000.00$ B22 LF 200 100.00$ 20,000.00$ 59.00$ 11,800.00$ $ 70.00 14,000.00$ B23 LF 200 130.00$ 26,000.00$ 68.44$ 13,688.00$ $ 95.00 19,000.00$ Furnish and Install 4" Diam. DIP Waterline Adjustment (up to 6-ft of Cover and 60-ft in Length) Furnish and Install 6" Diam. DIP Waterline Adjustment (up to 6-ft of Cover and 60-ft in Length) Furnish and Install 8" Diam. DIP Waterline Adjustment (up to 6-ft of Cover and 60-ft in Length) Extra Depth for Waterline Adjustments For Each Vertical Foot Over 6- ft Cover, Added to Each Adjustment (All Pipe Sizes) Furnish and Install 8" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) Furnish and Install 4" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring Furnish and Install 4" Diam. C900 DR18 Fusible PVC Waterline (Up to 6- ft of Cover) by Pipe Bursting Furnish and Install 6" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) Furnish and Install 6" Diam. C900 DR18 Fusible PVC Waterline (Up to 6- ft of Cover) by Pipe Bursting Extra Depth for Waterline Installation by Auger Boring for Each Vertical Foot Over 6-ft Cover, Added Linearly Along the Trench (All Pipe Sizes) Furnish and Install 4" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) Extra Depth for Waterline Installation for Each Vertical Foot Over 6-ft Cover, Added Linearly Along the Trench (All Pipe Sizes) Furnish and Install 6" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring Furnish and Install 8" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring Page 2 of 11 WATER LINE REPLACEMENT PROGRAM CITY PROJECT No: 19010A ITEM UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Bridges Specialties, Inc. 4233 FM 624 Robstown, Texas 78380 (361) 387-2743 Abel's Paving & Construction, Inc. 1442 Cliff Maus Corpus Chirsti, Texas 78405 (361) 852-1194 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, Texas 78409 (361) 929-5822 DESCRIPTION B24 LF 200 160.00$ 32,000.00$ 82.60$ 16,520.00$ $ 130.00 26,000.00$ B25 LF 10 50.00$ 500.00$ 21.63$ 216.30$ 100.00$ 1,000.00$ B26 LF 200 90.00$ 18,000.00$ 47.20$ 9,440.00$ $ 50.00 10,000.00$ B27 LF 200 100.00$ 20,000.00$ 53.10$ 10,620.00$ $ 65.00 13,000.00$ B28 EA 50 600.00$ 30,000.00$ 442.50$ 22,125.00$ 500.00$ 25,000.00$ B29 EA 10 1,800.00$ 18,000.00$ 1,593.00$ 15,930.00$ 5,000.00$ 50,000.00$ B30 LF 200 110.00$ 22,000.00$ 67.26$ 13,452.00$ 80.00$ 16,000.00$ B31 LF 200 118.00$ 23,600.00$ 76.70$ 15,340.00$ 100.00$ 20,000.00$ B32 LF 200 130.00$ 26,000.00$ 94.40$ 18,880.00$ 130.00$ 26,000.00$ B33 LF 10 60.00$ 600.00$ 39.33$ 393.30$ 100.00$ 1,000.00$ B34 LF 200 100.00$ 20,000.00$ 44.25$ 8,850.00$ 50.00$ 10,000.00$ B35 LF 200 110.00$ 22,000.00$ 47.20$ 9,440.00$ 55.00$ 11,000.00$ B36 EA 50 600.00$ 30,000.00$ 442.50$ 22,125.00$ 500.00$ 25,000.00$ B37 EA 10 1,800.00$ 18,000.00$ 2,376.52$ 23,765.20$ 7,000.00$ 70,000.00$ B38 LF 200 120.00$ 24,000.00$ 125.14$ 25,028.00$ 120.00$ 24,000.00$ B39 LF 200 140.00$ 28,000.00$ 159.01$ 31,802.00$ 150.00$ 30,000.00$ B40 LF 200 180.00$ 36,000.00$ 197.65$ 39,530.00$ 200.00$ 40,000.00$ Point Repair in Front Easement Furnish and Install 8" Diam. C900 DR18 Fusible PVC Waterline (Up to 6- ft of Cover) by Pipe Bursting Furnish and Install 4" Diam. C900 DR18 Fusible PVC Waterline (Up to 6- ft of Cover) by Pipe Bursting Furnish and Install 6" Diam. C900 DR18 Fusible PVC Waterline (Up to 6- ft of Cover) by Pipe Bursting Furnish and Install 8" Diam. C900 DR 18 Fusible PVC Waterline by HDD Furnish and Install 4" Temporary Water Supply for Pipe Bursting Extra Depth for Waterline Installation by Pipe Bursting for Each Vertical Foot Over 6-ft Cover, Added Linearly Along the Trench (All Pipe Sizes) Extra Depth for Waterline Installation by Pipe Bursting for Each Vertical Foot Over 6-ft Cover, Added to Each (All Pipe Sizes) Furnish and Install 8" Diam. C900 DR18 Fusible PVC Waterline (Up to 6- ft of Cover) by Pipe Bursting Connect and Disconnect Service to Temporary Water Supply Furnish and Install 4" Diam. C900 DR 18 Fusible PVC Waterline by HDD Furnish and Install 4" Temporary Water Supply for Pipe Bursting Point Repair in Rear Easement Furnish and Install 6" Diam. C900 DR 18 Fusible PVC Waterline by HDD Furnish and Install 2" Temporary Water Supply for Pipe Bursting Connect and Disconnect Service to Temporary Water Supply Furnish and Install 2" Temporary Water Supply for Pipe Bursting Page 3 of 11 WATER LINE REPLACEMENT PROGRAM CITY PROJECT No: 19010A ITEM UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Bridges Specialties, Inc. 4233 FM 624 Robstown, Texas 78380 (361) 387-2743 Abel's Paving & Construction, Inc. 1442 Cliff Maus Corpus Chirsti, Texas 78405 (361) 852-1194 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, Texas 78409 (361) 929-5822 DESCRIPTION B41 EA 4 1,200.00$ 4,800.00$ 7,776.20$ 31,104.80$ 10,000.00$ 40,000.00$ B42 EA 4 2,500.00$ 10,000.00$ 8,850.00$ 35,400.00$ 11,500.00$ 46,000.00$ B43 LF 100 375.00$ 37,500.00$ 383.21$ 38,321.00$ 290.00$ 29,000.00$ B44 LF 100 410.00$ 41,000.00$ 431.76$ 43,176.00$ 320.00$ 32,000.00$ B45 LF 100 550.00$ 55,000.00$ 512.20$ 51,220.00$ 450.00$ 45,000.00$ B46 EA 4 850.00$ 3,400.00$ 7,776.20$ 31,104.80$ 10,000.00$ 40,000.00$ B47 EA 4 2,500.00$ 10,000.00$ 8,850.00$ 35,400.00$ 7,000.00$ 28,000.00$ B48 EA 5 1,670.00$ 8,350.00$ 755.20$ 3,776.00$ 1,100.00$ 5,500.00$ B49 EA 5 2,100.00$ 10,500.00$ 881.46$ 4,407.30$ 1,300.00$ 6,500.00$ B50 EA 5 2,500.00$ 12,500.00$ 1,272.04$ 6,360.20$ 2,000.00$ 10,000.00$ B51 EA 5 475.00$ 2,375.00$ 177.00$ 885.00$ 200.00$ 1,000.00$ B52 EA 5 475.00$ 2,375.00$ 177.00$ 885.00$ 200.00$ 1,000.00$ B53 EA 5 500.00$ 2,500.00$ 201.78$ 1,008.90$ 220.00$ 1,100.00$ B54 EA 5 525.00$ 2,625.00$ 201.78$ 1,008.90$ 220.00$ 1,100.00$ B55 EA 5 400.00$ 2,000.00$ 177.00$ 885.00$ 200.00$ 1,000.00$ B56 EA 5 650.00$ 3,250.00$ 295.00$ 1,475.00$ 400.00$ 2,000.00$ Construct Drill Pads Furnish and Install Air Release Valve and Manhole Furnish and Install 8" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 16-inch Steel Casing (0.375" wall) by HDD Furnish and Install 4" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 10-inch Steel Casing (0.375" wall) by HDD Construct Drill Pads Furnish and Install 4" 11.25 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 4" R/W Gate Valve, and Valve Box (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 6" R/W Gate Valve, and Valve Box (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 8" R/W Gate Valve, and Valve Box (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install Air Release Valve and Manhole Furnish and Install 6" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 12-inch Steel Casing (0.375" wall) by HDD Furnish and Install 4" 45 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 4" 90 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 4" Reducers - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 4" Crosses - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 4" 22.5 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) Page 4 of 11 WATER LINE REPLACEMENT PROGRAM CITY PROJECT No: 19010A ITEM UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Bridges Specialties, Inc. 4233 FM 624 Robstown, Texas 78380 (361) 387-2743 Abel's Paving & Construction, Inc. 1442 Cliff Maus Corpus Chirsti, Texas 78405 (361) 852-1194 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, Texas 78409 (361) 929-5822 DESCRIPTION B57 EA 5 525.00$ 2,625.00$ 224.20$ 1,121.00$ 250.00$ 1,250.00$ B58 EA 5 525.00$ 2,625.00$ 206.50$ 1,032.50$ 250.00$ 1,250.00$ B59 EA 5 525.00$ 2,625.00$ 200.60$ 1,003.00$ 250.00$ 1,250.00$ B60 EA 5 530.00$ 2,650.00$ 206.50$ 1,032.50$ 250.00$ 1,250.00$ B61 EA 5 525.00$ 2,625.00$ 224.20$ 1,121.00$ 280.00$ 1,400.00$ B62 EA 5 460.00$ 2,300.00$ 195.88$ 979.40$ 220.00$ 1,100.00$ B63 EA 5 700.00$ 3,500.00$ 324.50$ 1,622.50$ 600.00$ 3,000.00$ B64 EA 5 600.00$ 3,000.00$ 318.60$ 1,593.00$ 450.00$ 2,250.00$ B65 EA 5 550.00$ 2,750.00$ 290.10$ 1,450.50$ 320.00$ 1,600.00$ B66 EA 5 550.00$ 2,750.00$ 298.66$ 1,493.30$ 320.00$ 1,600.00$ B67 EA 5 570.00$ 2,850.00$ 301.14$ 1,505.70$ 320.00$ 1,600.00$ B68 EA 5 600.00$ 3,000.00$ 322.79$ 1,613.95$ 350.00$ 1,750.00$ B69 EA 5 525.00$ 2,625.00$ 220.19$ 1,100.95$ 280.00$ 1,400.00$ B70 EA 5 600.00$ 3,000.00$ 537.25$ 2,686.25$ 700.00$ 3,500.00$ B71 EA 5 625.00$ 3,125.00$ 416.89$ 2,084.45$ 600.00$ 3,000.00$ Furnish and Install 8" 45 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 8" 90 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 6" Tees (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 8" 11.25 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 6" 22.5 Deg. Bend (MJ with MEGA LUG Joint Restraint fitting) Furnish and Install 6" 45 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 8" 22.5 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 8" Tees (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 4" Tees (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 6" 11.25 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 8" Reducers - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 8" Crosses - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 6" 90 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 6" Reducers - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) Furnish and Install 6" Crosses - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) Page 5 of 11 WATER LINE REPLACEMENT PROGRAM CITY PROJECT No: 19010A ITEM UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Bridges Specialties, Inc. 4233 FM 624 Robstown, Texas 78380 (361) 387-2743 Abel's Paving & Construction, Inc. 1442 Cliff Maus Corpus Chirsti, Texas 78405 (361) 852-1194 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, Texas 78409 (361) 929-5822 DESCRIPTION B72 EA 5 980.00$ 4,900.00$ 602.98$ 3,014.90$ 1,000.00$ 5,000.00$ B73 EA 5 1,400.00$ 7,000.00$ 1,492.70$ 7,463.50$ 1,400.00$ 7,000.00$ B74 EA 5 980.00$ 4,900.00$ 691.48$ 3,457.40$ 1,500.00$ 7,500.00$ B75 EA 5 1,400.00$ 7,000.00$ 1,711.00$ 8,555.00$ 1,900.00$ 9,500.00$ B76 EA 5 480.00$ 2,400.00$ 387.04$ 1,935.20$ 500.00$ 2,500.00$ B77 EA 5 690.00$ 3,450.00$ 737.50$ 3,687.50$ 800.00$ 4,000.00$ B78 EA 5 1,200.00$ 6,000.00$ 1,069.87$ 5,349.35$ 2,500.00$ 12,500.00$ B79 EA 5 1,400.00$ 7,000.00$ 1,199.67$ 5,998.35$ 3,000.00$ 15,000.00$ B80 EA 5 1,700.00$ 8,500.00$ 1,376.67$ 6,883.35$ 4,000.00$ 20,000.00$ B81 EA 5 2,980.00$ 14,900.00$ 2,728.16$ 13,640.80$ 3,000.00$ 15,000.00$ B82 EA 5 3,400.00$ 17,000.00$ 3,595.46$ 17,977.30$ 3,600.00$ 18,000.00$ B83 EA 5 4,500.00$ 22,500.00$ 3,804.32$ 19,021.60$ 4,100.00$ 20,500.00$ B84 EA 5 5,200.00$ 26,000.00$ 3,826.74$ 19,133.70$ 5,200.00$ 26,000.00$ B85 EA 5 3,100.00$ 15,500.00$ 3,488.08$ 17,440.40$ 3,800.00$ 19,000.00$ B86 EA 5 3,700.00$ 18,500.00$ 3,686.32$ 18,431.60$ 4,400.00$ 22,000.00$ B87 EA 5 5,900.00$ 29,500.00$ 4,507.60$ 22,538.00$ 5,200.00$ 26,000.00$ B88 EA 5 9,760.00$ 48,800.00$ 4,885.20$ 24,426.00$ 5,200.00$ 26,000.00$ B89 EA 5 9,600.00$ 48,000.00$ 4,826.20$ 24,131.00$ 4,900.00$ 24,500.00$ B90 EA 5 3,500.00$ 17,500.00$ 1,180.00$ 5,900.00$ 1,300.00$ 6,500.00$ B91 EA 5 1,200.00$ 6,000.00$ 690.30$ 3,451.50$ 500.00$ 2,500.00$ B92 EA 5 450.00$ 2,250.00$ 501.50$ 2,507.50$ 450.00$ 2,250.00$ B93 LF 400 12.75$ 5,100.00$ 11.80$ 4,720.00$ 5.00$ 2,000.00$ Furnish and Install 8" Tapping Sleeve c/w 8" RW Gate Valve Furnish and Install FH Assembly with Short Lead (Tee, Pipe and Valve) Up to 14' in Length Furnish and Install 8" Tapping Sleeve c/w 4" RW Gate Valve Furnish and Install 5/8" to 3/4" Copper or HDPE Service Furnish and Install 1" to 2" Copper or HDPE Service Reconnect 5/8" to 3/4" Copper or HDPE Service Reconnect 1" to 2" Copper or HDPE Service Connection to Existing 8" Waterline, with Sleeve and Tee Furnish and Install 6" Tapping Sleeve c/w 6" RW Gate Valve Furnish and Install 4" Tapping Sleeve c/w 2" RW Gate Valve Connection to Existing 4" Waterline, with Sleeve and Tee Furnish and Install 1" to 2" Copper or HDPE Service Furnish and Install 4" Tapping Sleeve c/w 4" RW Gate Valve Furnish and Install FH Assembly with Long Lead (Tee, Pipe and Valve) Greater Than 14' in Length Connection to Existing 6" Waterline, with Sleeve and Tee Furnish and Install 5/8" to 3/4" Copper or HDPE Service Furnish and Install 6" Tapping Sleeve c/w 4" RW Gate Valve Furnish and Install 8" Tapping Sleeve c/w 6" RW Gate Valve Remove Fire Hydrant Furnish and Install Water Meter Box Adjust Valve Box 8" and Under Trench Safety for Remove and Install Waterline (Up to 6-ft of Cover) Page 6 of 11 WATER LINE REPLACEMENT PROGRAM CITY PROJECT No: 19010A ITEM UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Bridges Specialties, Inc. 4233 FM 624 Robstown, Texas 78380 (361) 387-2743 Abel's Paving & Construction, Inc. 1442 Cliff Maus Corpus Chirsti, Texas 78405 (361) 852-1194 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, Texas 78409 (361) 929-5822 DESCRIPTION B94 LF 10 50.00$ 500.00$ 29.50$ 295.00$ 50.00$ 500.00$ B95 EA 5 500.00$ 2,500.00$ 2,950.00$ 14,750.00$ 3,500.00$ 17,500.00$ B96 EA 5 500.00$ 2,500.00$ 1,180.00$ 5,900.00$ 2,500.00$ 12,500.00$ B97 TONS 100 65.00$ 6,500.00$ 64.90$ 6,490.00$ 60.00$ 6,000.00$ B98 AC 1 3,200.00$ 3,200.00$ 2,950.00$ 2,950.00$ 3,000.00$ 3,000.00$ B99 SY 100 26.00$ 2,600.00$ 100.30$ 10,030.00$ 100.00$ 10,000.00$ B100 LF 1000 3.00$ 3,000.00$ 1.77$ 1,770.00$ 2.00$ 2,000.00$ B101 SY 100 26.00$ 2,600.00$ 29.50$ 2,950.00$ 35.00$ 3,500.00$ B102 SY 500 12.00$ 6,000.00$ 5.90$ 2,950.00$ 10.00$ 5,000.00$ B103 SF 100 14.00$ 1,400.00$ 35.11$ 3,511.00$ 95.00$ 9,500.00$ B104 LF 1000 6.00$ 6,000.00$ 2.95$ 2,950.00$ 3.00$ 3,000.00$ B105 SF 100 18.00$ 1,800.00$ 76.70$ 7,670.00$ 35.00$ 3,500.00$ B106 SF 100 6.00$ 600.00$ 17.70$ 1,770.00$ 20.00$ 2,000.00$ B107 SF 100 14.00$ 1,400.00$ 9.74$ 974.00$ 25.00$ 2,500.00$ B108 SF 100 14.00$ 1,400.00$ 26.55$ 2,655.00$ 40.00$ 4,000.00$ B109 LF 100 18.00$ 1,800.00$ 21.24$ 2,124.00$ 40.00$ 4,000.00$ B110 LF 100 18.00$ 1,800.00$ 47.20$ 4,720.00$ 50.00$ 5,000.00$ B111 SF 100 14.00$ 1,400.00$ 9.44$ 944.00$ 25.00$ 2,500.00$ B112 SY 100 20.00$ 2,000.00$ 1.30$ 130.00$ 2.00$ 200.00$ B113 SY 100 20.00$ 2,000.00$ 9.44$ 944.00$ 10.00$ 1,000.00$ B114 LF 100 19.00$ 1,900.00$ 41.30$ 4,130.00$ 50.00$ 5,000.00$ Furnish and Install Concrete Curb and Gutter Repair Extra Depth for Trench Safety for Auger Boring/Pipe Bursting for Each Vertical Foot Over 6-ft Cover, Added to Each (All Pipe Sizes) Remove Concrete Per 2" lift greater than 8" thickness Furnish and Install Concrete Overlay per 2" greater than 8" thickness Furnish and Install Concrete Valley Gutter Repair Furnish and Install Concrete Sidewalk Repair Trench Safety for Auger Boring/Pipe Bursting Pits (Up to 6-ft of Cover) Remove Asphalt Per 2" lift greater than 2" thickness Furnish and Install Asphalt Overlay Per 2" lift greater than 2" thickness Extra Depth for Trench Safety for Remove and Install Waterline for Each Vertical Foot Over 6-ft Cover, Added Linearly Along the Trench (All Pipe Sizes) Furnish and Install Sodding Clearing and Grubbing Sawcut Asphalt Per 2" lift greater than 2" thickness Furnish and Install Asphalt Pavement Repair Furnish and Install Concrete Driveway Repair Furnish and Install Concrete Curb Ramp Repair Furnish and Install Cement Stabilized Sand Furnish and Install Concrete Pavement Repair Furnish and Install Seeding Sawcut Concrete Per 2" lift greater than 8" thickness Furnish and Install Wooden Fence Page 7 of 11 WATER LINE REPLACEMENT PROGRAM CITY PROJECT No: 19010A ITEM UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Bridges Specialties, Inc. 4233 FM 624 Robstown, Texas 78380 (361) 387-2743 Abel's Paving & Construction, Inc. 1442 Cliff Maus Corpus Chirsti, Texas 78405 (361) 852-1194 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, Texas 78409 (361) 929-5822 DESCRIPTION B115 LF 100 21.00$ 2,100.00$ 53.10$ 5,310.00$ 50.00$ 5,000.00$ B116 EA 50 400.00$ 20,000.00$ 177.00$ 8,850.00$ 500.00$ 25,000.00$ B117 HR 50 70.00$ 3,500.00$ 159.30$ 7,965.00$ 95.00$ 4,750.00$ B118 LF 400 20.00$ 8,000.00$ 12.98$ 5,192.00$ 30.00$ 12,000.00$ B119 LF 400 26.00$ 10,400.00$ 15.34$ 6,136.00$ 35.00$ 14,000.00$ B120 LF 50 75.00$ 3,750.00$ 84.93$ 4,246.50$ 120.00$ 6,000.00$ B121 LF 50 125.00$ 6,250.00$ 100.69$ 5,034.50$ 125.00$ 6,250.00$ B122 LF 50 140.00$ 7,000.00$ 122.72$ 6,136.00$ 190.00$ 9,500.00$ B123 LF 10 60.00$ 600.00$ 136.88$ 1,368.80$ 50.00$ 500.00$ B124 LF 50 180.00$ 9,000.00$ 294.61$ 14,730.50$ 300.00$ 15,000.00$ B125 LF 50 210.00$ 10,500.00$ 372.66$ 18,633.00$ 380.00$ 19,000.00$ B126 LF 50 240.00$ 12,000.00$ 420.87$ 21,043.50$ 520.00$ 26,000.00$ B127 LF 10 60.00$ 600.00$ 136.88$ 1,368.80$ 100.00$ 1,000.00$ B128 EA 5 250.00$ 1,250.00$ 442.50$ 2,212.50$ 500.00$ 2,500.00$ B129 EA 5 300.00$ 1,500.00$ 885.00$ 4,425.00$ 1,000.00$ 5,000.00$ B130 AC 3 2,000.00$ 6,000.00$ 3,540.00$ 10,620.00$ 3,500.00$ 10,500.00$ B131 LF 50 34.00$ 1,700.00$ 23.60$ 1,180.00$ 50.00$ 2,500.00$ B132 LF 50 40.00$ 2,000.00$ 29.50$ 1,475.00$ 50.00$ 2,500.00$ Furnish and Install 10" Steel Casing Pipe w/ 4" Waterline by Auger Boring (Up to 72" of Cover) Furnish and Install 12" Steel Casing Pipe w/ 6" Waterline by Auger Boring (Up to 72" of Cover) Extra Depth for Casing Pipe by Conventional Trenching for Each Vertical Foot Over 6-ft Cover, Added Linearly Along the Trench (All Pipe Sizes) Brush Removal Remove and Relocate Existing Wooden Fence Furnish and Install 16" Steel Casing Pipe w/ 8" Waterline by Conventional Trenching (Up to 6-ft of Cover) Extra Depth for Casing Pipe by Auger Boring for Each Vertical Foot Over 6-ft Cover, Added Linearly Along the Trench (All Pipe Sizes) Remove and Reinstall Residential Mailbox Remove and Relocate Existing Chainlink Fence Furnish and Install 16" Steel Casing Pipe w/ 8" Water line by Auger Boring (Up to 72" of Cover) Furnish and Install Chain Link Fencing Tree Removal Up To 8" in Dia. Tree Removal Greater than 8" in Dia. Abandon 6" to 8" Waterline in Place and Fill with Grout Furnish and Install 10" Steel Casing Pipe w/4" Waterline by Conventional Trenching, (Up to 6-ft of Cover) Furnish and Install 12" Steel Casing Pipe w/6" Waterline by Conventional Trenching, (Up to 6-ft of Cover) Abandon 2" to 4" Waterline in Place and Fill with Grout Haul off Concrete (greater than 8 inches in thickness) / Asphalt (greater than 2 inches thickness) Page 8 of 11 WATER LINE REPLACEMENT PROGRAM CITY PROJECT No: 19010A ITEM UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Bridges Specialties, Inc. 4233 FM 624 Robstown, Texas 78380 (361) 387-2743 Abel's Paving & Construction, Inc. 1442 Cliff Maus Corpus Chirsti, Texas 78405 (361) 852-1194 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, Texas 78409 (361) 929-5822 DESCRIPTION B133 DAY 10 400.00$ 4,000.00$ 295.00$ 2,950.00$ 325.00$ 3,250.00$ B134 DAY 10 400.00$ 4,000.00$ 295.00$ 2,950.00$ 325.00$ 3,250.00$ B135 DAY 10 400.00$ 4,000.00$ 472.00$ 4,720.00$ 520.00$ 5,200.00$ B136 DAY 10 400.00$ 4,000.00$ 295.00$ 2,950.00$ 325.00$ 3,250.00$ B137 DAY 10 475.00$ 4,750.00$ 354.00$ 3,540.00$ 390.00$ 3,900.00$ B138 DAY 5 475.00$ 2,375.00$ 590.00$ 2,950.00$ 650.00$ 3,250.00$ B139 DAY 5 475.00$ 2,375.00$ 708.00$ 3,540.00$ 780.00$ 3,900.00$ B140 DAY 5 475.00$ 2,375.00$ 1,003.00$ 5,015.00$ 1,105.00$ 5,525.00$ B141 DAY 5 475.00$ 2,375.00$ 885.00$ 4,425.00$ 975.00$ 4,875.00$ B142 DAY 5 475.00$ 2,375.00$ 826.00$ 4,130.00$ 910.00$ 4,550.00$ B143 DAY 5 475.00$ 2,375.00$ 1,062.00$ 5,310.00$ 1,170.00$ 5,850.00$ B144 DAY 5 475.00$ 2,375.00$ 1,298.00$ 6,490.00$ 1,430.00$ 7,150.00$ B145 DAY 5 475.00$ 2,375.00$ 708.00$ 3,540.00$ 780.00$ 3,900.00$ B146 DAY 5 475.00$ 2,375.00$ 1,770.00$ 8,850.00$ 1,950.00$ 9,750.00$ B147 DAY 5 475.00$ 2,375.00$ 413.00$ 2,065.00$ 455.00$ 2,275.00$ B148 DAY 10 200.00$ 2,000.00$ 1,416.00$ 14,160.00$ 1,560.00$ 15,600.00$ B149 DAY 5 1,000.00$ 5,000.00$ 88.50$ 442.50$ 100.00$ 500.00$ B150 DAY 5 700.00$ 3,500.00$ 17.70$ 88.50$ 20.00$ 100.00$ B151 DAY 5 400.00$ 2,000.00$ 3.54$ 17.70$ 5.00$ 25.00$ B152 DAY 5 500.00$ 2,500.00$ 2.95$ 14.75$ 5.00$ 25.00$ B153 LF 400 4.75$ 1,900.00$ 6.03$ 2,412.00$ 4.00$ 1,600.00$ B154 LF 100 10.00$ 1,000.00$ 17.83$ 1,783.00$ 4.50$ 450.00$ B155 LF 100 40.00$ 4,000.00$ 35.53$ 3,553.00$ 35.00$ 3,500.00$ B156 LS 10 100.00$ 1,000.00$ 2,006.00$ 20,060.00$ 2,000.00$ 20,000.00$ Furnish and Install Signing and Traffic Control (Scenario 1) Furnish and Install Signing and Traffic Control (Scenario 2) Furnish and Install Silt Fence Furnish and Install Rock Filled Bags Furnish and Install Signing and Traffic Control (Scenario 3) Furnish and Install Skid Mount Sign on Double Wooden Posts Furnish and Install Signing and Traffic Control (Scenario 4) Furnish and Install Signing and Traffic Control (Scenario 5) Furnish and Install Signing and Traffic Control (Scenario 11) Furnish and Install Signing and Traffic Control (Scenario 12) Furnish and Install Signing and Traffic Control (Scenario 13) Furnish and Install Rock Filter Dam Furnish and Install Signing and Traffic Control (Scenario 15) Furnish and Install Signing and Traffic Control (Scenario 14) Furnish Flagger Furnish and Install Signing and Traffic Control (Scenario 6) Furnish and Install Signing and Traffic Control (Scenario 7) Furnish and Install Signing and Traffic Control (Scenario 8) Furnish and Install Signing and Traffic Control (Scenario 9) Furnish and Install Signing and Traffic Control (Scenario 10) Furnish and Install Flashing Arrow Board Furnish and Install Channelization Drums (10 Drums) Furnish and Install Type III Barricade Furnish and Install Fiber Rolls Page 9 of 11 WATER LINE REPLACEMENT PROGRAM CITY PROJECT No: 19010A ITEM UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Bridges Specialties, Inc. 4233 FM 624 Robstown, Texas 78380 (361) 387-2743 Abel's Paving & Construction, Inc. 1442 Cliff Maus Corpus Chirsti, Texas 78405 (361) 852-1194 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, Texas 78409 (361) 929-5822 DESCRIPTION B157 LS 10 3,500.00$ 35,000.00$ 2,596.00$ 25,960.00$ 2,000.00$ 20,000.00$ B158 LF 100 75.00$ 7,500.00$ 56.05$ 5,605.00$ 40.00$ 4,000.00$ B159 LF 10 80.00$ 800.00$ 20.65$ 206.50$ 15.00$ 150.00$ B160 LF 250 90.00$ 22,500.00$ 277.30$ 69,325.00$ 50.00$ 12,500.00$ B161 LF 100 95.00$ 9,500.00$ 42.48$ 4,248.00$ 10.00$ 1,000.00$ B162 EA 5 90.00$ 450.00$ $ 438.17 2,190.85$ $ 150.00 750.00$ B163 EA 5 120.00$ 600.00$ 452.33$ 2,261.65$ 170.00$ 850.00$ B164 EA 5 130.00$ 650.00$ 686.76$ 3,433.80$ 250.00$ 1,250.00$ B165 EA 5 550.00$ 2,750.00$ 867.30$ 4,336.50$ 350.00$ 1,750.00$ B166 EA 5 675.00$ 3,375.00$ 991.20$ 4,956.00$ 420.00$ 2,100.00$ B167 EA 5 800.00$ 4,000.00$ 1,298.00$ 6,490.00$ 580.00$ 2,900.00$ B168 EA 15 69.00$ 1,035.00$ 708.00$ 10,620.00$ 100.00$ 1,500.00$ B169 EA 15 80.00$ 1,200.00$ 767.00$ 11,505.00$ 140.00$ 2,100.00$ B170 EA 15 120.00$ 1,800.00$ 1,121.00$ 16,815.00$ 200.00$ 3,000.00$ 1,470,269.00 1,551,141.60$ 1,681,625.00$ Part C - Allowances 1,486,269.00$ C1 AL 1 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ C2 AL 1 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ Extra Depth for Well Pointing for Waterline Installation for Each Vertical Foot Over 6-ft Cover, Added Linearly Along the Trench (All Pipe Sizes) Furnish and Install Well Pointing for Waterline installation (Up to 6-ft of Cover) Preconstruction Exploratory Excavation (Up to 6-ft Cover) Furnish and Install Bell Harness Assembly for 6" Dia. Waterline Furnish and Install Bell Harness Assembly for 8" Dia. Waterline Furnish and Install 8-inch Transition Coupling Furnish and Install 5-inch Transition Coupling Furnish and Install 8" Cap Furnish and Install 6" Cap Furnish and Install 4" Cap Preparation of Traffic Control Plans Disposal of Contaminated Ground Water Furnish and Install Bell Harness Assembly for 4" Dia. Waterline Furnish and Install 4-inch Transition Coupling Extra Depth for Preconstruction Exploratory Excavation for Each Vertical Foot Over 6-ft Cover, Added Linearly Along the Trench (All Pipe Sizes) SUBTOTAL PART C ALLOWANCES (ITEM C1 thru C2) SUBTOTAL PART B WATERLINE IMPROVEMENTS (ITEMS B1 thru B170) BID SUMMARY Furnish and Install Construction Entrance/Exit Page 10 of 11 WATER LINE REPLACEMENT PROGRAM CITY PROJECT No: 19010A ITEM UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Bridges Specialties, Inc. 4233 FM 624 Robstown, Texas 78380 (361) 387-2743 Abel's Paving & Construction, Inc. 1442 Cliff Maus Corpus Chirsti, Texas 78405 (361) 852-1194 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, Texas 78409 (361) 929-5822 DESCRIPTION 155,026.90$ 114,696.00$ 126,600.00$ 1,470,269.00 1,486,269.00$ 1,551,141.60$ 1,681,625.00$ 30,000.00$ 30,000.00$ 30,000.00$ 1,655,295.90 1,695,837.60$ 1,838,225.00$ -16,000.00 1,671,295.90$ 1.5 NOTE: Area's in red tint and bold borders indicates a mathematical error in the addition of the bid amounts. TOTAL PROJECT BASE BID - (PART A thru PART C) EMERGENCY COEFFICIENT To be applied to any and all items associated with an Emergency Delivery Order as defined in Section 00 30 00 SUBTOTAL PART C - ALLOWANCES (Item C1 thru C2) SUBTOTAL PART B - WATER MAIN IMPROVEMENTS (Items B1 thru B170) SUBTOTAL PART A - GENERAL (Items A1 thru A3) Page 11 of 11 BID TOTALS BASE BID Total Part A General $284,557.00 Part B Waterline Improvements $4,147,793.00 Part C $60,000.00 Total $4,492,350.00 Part A General No.Description Unit Qty Unit Price Ext Price A1 Mobilization (Maximum 5% of Project Total) LS 1 $224,200.00 $224,200.00 A2 Bonds and Insurance (Maximum of 2.5% of Project Total) LS 1 $60,180.00 $60,180.00 A3 Ozone Advisory Day Day 1 $177.00 $177.00 Subtotal: $284,557.00 Part B Waterline Improvements No.Description Unit Qty Unit Price Ext Price B1 Remove and Dispose of 2" Diam. CIP and DIP Waterline (Up to 6-ft of Cover) LF 200 $14.16 $2,832.00 B2 Remove and Dispose of 4" Diam. CIP and DIP Waterline (Up to 6-ft of Cover) LF 200 $17.70 $3,540.00 B3 Remove and Dispose of 6" Diam. CIP and DIP Waterline (Up to 6-ft of Cover) LF 200 $31.86 $6,372.00 B4 Remove and Dispose of 8" Diam. CIP and DIP Waterline (Up to 6-ft of Cover) LF 200 $33.04 $6,608.00 B5 Remove and Dispose of 12" Diam. CIP and DIP Waterline (Up to 6-ft of Cover) LF 200 $38.15 $7,630.00 B6 Remove and Dispose of 16" Diam. CIP and DIP Waterline (Up to 6-ft of Cover) LF 200 $41.69 $8,338.00 B7 Remove and Dispose of 24" Diam. CIP and DIP Waterline (Up to 6-ft of Cover) LF 200 $45.23 $9,046.00 B8 Remove and Dispose of 2" Diam. ACP Waterline (Up to 6-ft of Cover) LF 50 $29.50 $1,475.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B9 Remove and Dispose of 4" Diam. ACP Waterline (Up to 6-ft of Cover) LF 50 $31.86 $1,593.00 B10 Remove and Dispose of 6" Diam. ACP Waterline (Up to 6-ft of Cover) LF 50 $33.04 $1,652.00 B11 Remove and Dispose of 8" Diam. ACP Waterline (Up to 6-ft of Cover) LF 50 $35.40 $1,770.00 B12 Remove and Dispose of 12" Diam. ACP Waterline (Up to 6-ft of Cover) LF 20 $40.51 $810.20 B13 Remove and Dispose of 16" Diam. ACP Waterline (Up to 6-ft of Cover) LF 20 $50.74 $1,014.80 B14 Remove and Dispose of 24" Diam. ACP Waterline (Up to 6-ft of Cover) LF 20 $54.28 $1,085.60 B15 Extra Depth for Waterline Removals for Each Vertical For Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 50 $39.33 $1,966.50 B16 Furnish and Install 4" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) LF 50 $22.11 $1,105.50 B17 Furnish and Install 6" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) LF 50 $26.07 $1,303.50 B18 Furnish and Install 8" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) LF 50 $39.24 $1,962.00 B19 Furnish and Install 12" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) LF 50 $58.00 $2,900.00 B20 Furnish and Install 16" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) LF 50 $89.92 $4,496.00 B21 Furnish and Install 24" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) LF 50 $140.23 $7,011.50 B22 Furnish and Install 4" Diam. DIP Waterline (Up to 6-ft of Cover) LF 50 $56.69 $2,834.50 B23 Furnish and Install 6" Diam. DIP Waterline (Up to 6-ft of Cover) LF 50 $52.45 $2,622.50 B24 Furnish and Install 8" Diam. DIP Waterline (Up to 6-ft of Cover) LF 50 $54.60 $2,730.00 B25 Furnish and Install 12" Diam. DIP Waterline (Up to 6-ft of Cover) LF 50 $83.14 $4,157.00 B26 Furnish and Install 16" Diam. DIP Waterline (Up to 6-ft of Cover) LF 50 $116.29 $5,814.50 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B27 Furnish and Install 24" Diam. DIP Waterline (Up to 6-ft of Cover) LF 50 $168.57 $8,428.50 B28 Extra Depth for Waterline Installations for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 50 $25.17 $1,258.50 B29 Furnish and Install 4" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) LF 500 $31.86 $15,930.00 B30 Furnish and Install 6" Diam. C900 DR18 PVC Waterline (Up to 6-ft Cover) LF 500 $42.05 $21,025.00 B31 Furnish and Install 8" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) LF 500 $52.96 $26,480.00 B32 Furnish and Install 12" Diam. C900 DR18 PVC Waterline (Up to 6-ft Cover) LF 500 $71.47 $35,735.00 B33 Furnish and Install 16" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) LF 500 $85.16 $42,580.00 B34 Furnish and Install 24" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) LF 500 $128.15 $64,075.00 B35 Extra Depth for Waterline Installation for Each Vertical Foot Over 6-ft Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 500 $26.35 $13,175.00 B36 Furnish and Install 4" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 50 $83.07 $4,153.50 B37 Furnish and Install 6" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 50 $127.17 $6,358.50 B38 Furnish and Install 8" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 50 $178.97 $8,948.50 B39 Furnish and Install 12" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 20 $267.47 $5,349.40 B40 Furnish and Install 16" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 20 $386.36 $7,727.20 B41 Furnish and Install 24" Diam. C900 DR18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 20 $584.10 $11,682.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B42 Extra Depth for Waterline Installation by Auger Boring for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 10 $35.79 $357.90 B43 Furnish and Install 4" Diam. C900 DR 18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 200 $79.36 $15,872.00 B44 Furnish and Install 6" Diam. C900 DR 18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 200 $123.88 $24,776.00 B45 Furnish and Install 8" Diam. C900 DR 18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 200 $147.23 $29,446.00 B46 Furnish and Install 12" Diam. C900 DR 18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 100 $227.47 $22,747.00 B47 Furnish and Install 16" Diam. C900 DR 18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 100 $325.15 $32,515.00 B48 Furnish and Install 24" Diam. C900 DR 18 PVC Waterline (Up to 6-ft of Cover) by Auger Boring LF 100 $481.44 $48,144.00 B49 Extra Depth for Waterline Installation by Auger Boring for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 50 $36.97 $1,848.50 B50 Furnish and Install 4" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 50 $59.00 $2,950.00 B51 Furnish and Install 6" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 50 $68.44 $3,422.00 B52 Furnish and Install 8" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 50 $82.60 $4,130.00 B53 Furnish and Install 12" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 20 $147.50 $2,950.00 B54 Furnish and Install 16" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 20 $413.00 $8,260.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B55 Furnish and Install 24" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 20 $1,062.00 $21,240.00 B56 Extra Depth for Waterline Installation by Pipe Bursting for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 50 $88.50 $4,425.00 B57 Furnish and Install 4" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 50 $56.64 $2,832.00 B58 Furnish and Install 6" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 50 $63.72 $3,186.00 B59 Furnish and Install 8" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 50 $74.34 $3,717.00 B60 Furnish and Install 12" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 20 $138.06 $2,761.20 B61 Furnish and Install 16" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 20 $413.00 $8,260.00 B62 Furnish and Install 24" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 20 $885.00 $17,700.00 B63 Extra Depth for Waterline Installation by Pipe Bursting for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 50 $88.50 $4,425.00 B64 Furnish and Install 2" Temporary Water Supply for Pipe Bursting LF 50 $47.20 $2,360.00 B65 Furnish and Install 4" Temporary Water Supply for Pipe Bursting LF 50 $53.10 $2,655.00 B66 Connect and Disconnect Service to Temporary Water Supply EA 10 $442.50 $4,425.00 B67 Point Repair in Front Easement EA 10 $1,867.35 $18,673.50 B68 Furnish and Install 4" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 50 $67.26 $3,363.00 B69 Furnish and Install 6" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 50 $76.70 $3,835.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B70 Furnish and Install 8" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 50 $94.40 $4,720.00 B71 Furnish and Install 12" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 20 $159.30 $3,186.00 B72 Furnish and Install 16" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 20 $413.00 $8,260.00 B73 Furnish and Install 24" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 20 $1,180.00 $23,600.00 B74 Extra Depth for Waterline Installation by Pipe Bursting for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 50 $118.00 $5,900.00 B75 Install 4" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 500 $59.00 $29,500.00 B76 Install 6" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 500 $68.44 $34,220.00 B77 Install 8" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 500 $82.60 $41,300.00 B78 Install 12" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 100 $147.50 $14,750.00 B79 Install 16" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 100 $413.00 $41,300.00 B80 Install 24" Diam. C900 DR18 Fusible PVC Waterline (Up to 6-ft of Cover) by Pipe Bursting LF 100 $590.00 $59,000.00 B81 Extra Depth for Waterline Installation by Pipe Bursting for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 50 $118.00 $5,900.00 B82 Furnish and Install 2" Temporary Water Supply for Pipe Bursting LF 500 $44.25 $22,125.00 B83 Furnish and Install 4" Temporary Water Supply for Pipe Bursting LF 500 $47.20 $23,600.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B84 Connect and Disconnect Service to Temporary Water Supply EA 50 $442.50 $22,125.00 B85 Point Repair in Rear Easement EA 10 $1,811.30 $18,113.00 B86 Furnish and Install 4" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 50 $176.67 $8,833.50 B87 Furnish and Install 6" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 50 $210.52 $10,526.00 B88 Furnish and Install 8" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 50 $244.43 $12,221.50 B89 Furnish and Install 12" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 20 $457.86 $9,157.20 B90 Furnish and install 16" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 20 $569.73 $11,394.60 B91 Furnish and install 24" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 20 $750.65 $15,013.00 B92 Furnish and Install Air Release Valves and Manhole EA 2 $8,342.60 $16,685.20 B93 Construct Drill Pads EA 2 $5,900.00 $11,800.00 B94 Furnish and Install 4" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 300 $137.47 $41,241.00 B95 Furnish and Install 6" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 300 $169.26 $50,778.00 B96 Furnish and Install 8" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 300 $201.78 $60,534.00 B97 Furnish and Install 12" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 100 $334.83 $33,483.00 B98 Furnish and Install 16" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 100 $425.98 $42,598.00 B99 Furnish and Install 24" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 100 $513.30 $51,330.00 B100 Furnish and Install Air Release Valves and Manhole EA 10 $8,295.40 $82,954.00 B101 Construct Drill Pads EA 10 $5,900.00 $59,000.00 B102 Furnish and Install 4" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 10-inch steel casing by HDD LF 50 $354.42 $17,721.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B103 Furnish and Install 6" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 12-inch Steel Casing by HDD LF 50 $392.69 $19,634.50 B104 Furnish and Install 8" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 16-inch Steel Casing by HDD LF 50 $437.51 $21,875.50 B105 Furnish and Install 12" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 18-inch Steel Casing by HDD LF 20 $645.01 $12,900.20 B106 Furnish and Install 16" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 24-inch Steel Casing by HDD LF 20 $792.33 $15,846.60 B107 Furnish and Install 24" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 30-inch Steel Casing by HDD LF 20 $1,100.08 $22,001.60 B108 Furnish and Install Air Release Valves and Manhole EA 2 $8,360.30 $16,720.60 B109 Construct Drill Pads EA 2 $5,900.00 $11,800.00 B110 Furnish and Install 4" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 10-inch steel casing by HDD LF 50 $359.94 $17,997.00 B111 Furnish and Install 6" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 12-inch Steel Casing by HDD LF 50 $447.10 $22,355.00 B112 Furnish and Install 8" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 16-inch Steel Casing by HDD LF 50 $512.58 $25,629.00 B113 Furnish and Install 12" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 18-inch Steel Casing by HDD LF 20 $724.33 $14,486.60 B114 Furnish and Install 16" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 24-inch Steel Casing by HDD LF 20 $871.65 $17,433.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B115 Furnish and Install 24" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 30-inch Steel Casing by HDD LF 20 $1,216.14 $24,322.80 B116 Furnish and Install Air Release Valves and Manhole EA 2 $8,361.48 $16,722.96 B117 Construct Drill Pads EA 2 $5,900.00 $11,800.00 B118 Furnish and Install 4" R/W Gate Valve and Valve Box (MJ with Mega Lug Joint Restraint fitting) EA 10 $757.40 $7,574.00 B119 Furnish and Install 6" R/W Gate Valve and Valve Box (MJ with Mega Lug Joint Restraint fitting) EA 10 $884.34 $8,843.40 B120 Furnish and Install 8" R/W Gate Valve and Valve Box (MJ with Mega Lug Joint Restraint fitting) EA 10 $1,275.55 $12,755.50 B121 Furnish and Install 12" R/W Gate Valve and Valve Box (MJ with Mega Lug Joint Restraint fitting) EA 5 $2,460.80 $12,304.00 B122 Furnish and Install 16" R/W Gate Valve c/w Bevel Gear and Valve Box (MJ with Mega Lug Joint Restraint fitting) EA 5 $7,241.07 $36,205.35 B123 Furnish and Install 24" R/W Gate Valve c/w Bevel Gear and Valve Box (MJ with Mega Lug Joint Restraint fitting) EA 5 $20,478.06 $102,390.30 B124 Furnish and Install 4" 11.25 Deg. Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $165.63 $1,656.30 B125 Furnish and Install 4" 22.5 Deg. Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $166.97 $1,669.70 B126 Furnish and Install 4" 45 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $166.77 $1,667.70 B127 Furnish and Install 4" 90 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $176.39 $1,763.90 B128 Furnish and Install 4" Reducers - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $132.51 $1,325.10 B129 Furnish and Install 4" Crosses - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $329.65 $3,296.50 B130 Furnish and Install 4" Tees (MJ with Mega Lug Joint Restraint Fitting) EA 10 $226.79 $2,267.90 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B131 Furnish and Install 6" 11.25 Deg. Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $206.43 $2,064.30 B132 Furnish and Install 6" 22.5 Deg. Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $204.19 $2,041.90 B133 Furnish and Install 6" 45 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $209.57 $2,095.70 B134 Furnish and Install 6" 90 Deg Bend (MJ with Mega Lug Joint Restraint fitting) EA 10 $223.02 $2,230.20 B135 Furnish and Install 6" Reducers - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $145.99 $1,459.90 B136 Furnish and Install 6" Crosses - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $394.21 $3,942.10 B137 Furnish and Install 6" Tees (MJ with Mega Lug Joint Restraint Fitting) EA 10 $301.00 $3,010.00 B138 Furnish and Install 8" 11.25 Deg. Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $258.51 $2,585.10 B139 Furnish and Install 8" 22.5 Deg. Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $266.13 $2,661.30 B140 Furnish and Install 8" 45 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $268.38 $2,683.80 B141 Furnish and Install 8" 90 Deg Bend (MJ with Mega Lug Restraint Fitting) EA 10 $287.66 $2,876.60 B142 Furnish and Install 8" Reducers - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $236.12 $2,361.20 B143 Furnish and Install 8" Crosses - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $472.37 $4,723.70 B144 Furnish and Install 8" Tees (MJ with Mega Lug Joint Restraint Fitting) EA 10 $400.87 $4,008.70 B145 Furnish and Install 12" 11.25 Deg. Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $436.76 $4,367.60 B146 Furnish and Install 12" 22.5 Deg. Bend (MJ with MEGA LUG Joint Restraint fitting) EA 10 $447.07 $4,470.70 B147 Furnish and Install 12" 45 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $470.39 $4,703.90 B148 Furnish and Install 12" 90 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $509.40 $5,094.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B149 Furnish and Install 12" Reducers - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $402.68 $4,026.80 B150 Furnish and Install 12" Crosses - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $977.29 $9,772.90 B151 Furnish and Install 12" Tees (MJ with Mega Lug Joint Restraint Fitting) EA 10 $709.94 $7,099.40 B152 Furnish and Install 16" 11.25 Deg. Bend (MJ with MEGA LUG Joint Restraint fitting) EA 10 $893.12 $8,931.20 B153 Furnish and Install 16" 22.5 Deg. Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $872.95 $8,729.50 B154 Furnish and Install 16" 45 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $887.74 $8,877.40 B155 Furnish and Install 16" 90 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $1,033.02 $10,330.20 B156 Furnish and Install 16" Reducers - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $764.88 $7,648.80 B157 Furnish and Install 16" Crosses - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $2,281.47 $22,814.70 B158 Furnish and Install 16" Tees (MJ with Mega Lug Joint Restraint Fitting) EA 10 $1,544.62 $15,446.20 B159 Furnish and Install 24" 11.25 Deg. Bend (MJ with MEGA LUG Joint Restraint fitting) EA 10 $4,286.57 $42,865.70 B160 Furnish and Install 24" 22.5 Deg. Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $3,351.66 $33,516.60 B161 Furnish and Install 24" 45 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $3,416.68 $34,166.80 B162 Furnish and Install 24" 90 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 10 $3,846.25 $38,462.50 B163 Furnish and Install 24" Reducers - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $2,143.93 $21,439.30 B164 Furnish and Install 24" Crosses - All Sizes (MJ with Mega Lug Joint Restraint Fitting) EA 10 $4,560.70 $45,607.00 B165 Furnish and Install 24" Tees (MJ with EA 10 $3,320.61 $33,206.10 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM Mega Lug Joint Restraint Fitting) B166 Furnish and Install 5/8" to 3/4" Copper or HDPE Service EA 10 $541.42 $5,414.20 B167 Furnish and Install 1" to 2" Copper or HDPE Service EA 10 $962.70 $9,627.00 B168 Furnish and Install 5/8" to 3/4" Copper or HDPE Service EA 10 $668.41 $6,684.10 B169 Furnish and Install 1" to 2" Copper or HDPE Service EA 10 $1,534.00 $15,340.00 B170 Reconnect 5/8" to 3/4" Copper or HDPE Service EA 10 $318.60 $3,186.00 B171 Reconnect 1" to 2" Copper or HDPE Service EA 10 $572.30 $5,723.00 B172 Connection to Existing 4" Waterline EA 10 $959.78 $9,597.80 B173 Connection to Existing 6" Waterline EA 10 $1,053.58 $10,535.80 B174 Connection to Existing 8" Waterline EA 10 $1,181.73 $11,817.30 B175 Connection to Existing 12" Waterline EA 5 $1,513.88 $7,569.40 B176 Connection to Existing 16" Waterline EA 5 $2,323.54 $11,617.70 B177 Connection to Existing 24" Waterline EA 5 $3,732.71 $18,663.55 B178 Furnish 4" Tapping Sleeve c/w 2" RW Gate Valve EA 2 $457.84 $915.68 B179 Furnish 6" Tapping Sleeve c/w 4" RW Gate Valve EA 2 $1,456.71 $2,913.42 B180 Furnish 8" Tapping Sleeve c/w 4" RW Gate Valve EA 2 $1,527.81 $3,055.62 B181 Furnish 8" Tapping Sleeve c/w 6" RW Gate Valve EA 2 $1,717.49 $3,434.98 B182 Furnish 12" Tapping Sleeve c/w 8" RW Gate Valve EA 2 $2,703.68 $5,407.36 B183 Furnish 16" Tapping Sleeve c/w 12" RW Gate Valve EA 2 $4,930.93 $9,861.86 B184 Furnish 4" Tapping Sleeve c/w 4" RW Gate Valve EA 2 $1,504.50 $3,009.00 B185 Furnish 6" Tapping Sleeve c/w 6" RW Gate Valve EA 2 $1,648.46 $3,296.92 B186 Furnish 8" Tapping Sleeve c/w 8" RW Gate Valve EA 2 $2,274.75 $4,549.50 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B187 Furnish 12" Tapping Sleeve c/w 12" RW Gate Valve EA 1 $4,356.27 $4,356.27 B188 Furnish 16" Tapping Sleeve c/w 16" RW Gate Valve EA 1 $18,413.90 $18,413.90 B189 Furnish 24" Tapping Sleeve c/w 24" RW Gate Valve EA 1 $37,226.35 $37,226.35 B190 Furnish and Install 4" Tapping Sleeve c/w 2" RW Gate Valve EA 10 $2,690.40 $26,904.00 B191 Furnish and Install 6" Tapping Sleeve c/w 4" RW Gate Valve EA 10 $2,832.00 $28,320.00 B192 Furnish and Install 8" Tapping Sleeve c/w 4" RW Gate Valve EA 10 $3,068.00 $30,680.00 B193 Furnish and Install 8" Tapping Sleeve c/w 6" RW Gate Valve EA 10 $3,068.00 $30,680.00 B194 Furnish and Install 12" Tapping Sleeve c/w 8" RW Gate Valve EA 5 $4,130.00 $20,650.00 B195 Furnish and Install 16" Tapping Sleeve c/w 12" RW Gate Valve EA 5 $7,080.00 $35,400.00 B196 Furnish and Install 24" Tapping Sleeve c/w 16" RW Gate Valve EA 5 $17,700.00 $88,500.00 B197 Furnish and Install 4" Tapping Sleeve c/w 4" RW Gate Valve EA 10 $2,690.40 $26,904.00 B198 Furnish and Install 6" Tapping Sleeve c/w 6" RW Gate Valve EA 10 $2,920.50 $29,205.00 B199 Furnish and Install 8" Tapping Sleeve c/w 8" RW Gate Valve EA 10 $3,156.50 $31,565.00 B200 Furnish and Install 12" Tapping Sleeve c/w 12" RW Gate Valve EA 5 $6,136.00 $30,680.00 B201 Furnish and Install 16" Tapping Sleeve c/w 16" RW Gate Valve EA 5 $16,756.00 $83,780.00 B202 Furnish and Install 24" Tapping Sleeve c/w 24" RW Gate Valve EA 5 $40,474.00 $202,370.00 B203 Furnish and Install FH Assembly Long Lead (Tee, Pipe and Valve) Greater than 14' in Length EA 10 $3,780.27 $37,802.70 B204 Furnish and Install FH Assembly Short Lead (Tee, Pipe and Valve) Up to 14' in Length EA 10 $3,794.70 $37,947.00 B205 Remove Fire Hydrant EA 10 $1,248.82 $12,488.20 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B206 Furnish and Install Water Meter Box EA 10 $672.60 $6,726.00 B207 Adjust Valve Box, 12" and Under EA 10 $365.21 $3,652.10 B208 Adjust Valve Box, Greater than 12"EA 10 $365.21 $3,652.10 B209 Trench Safety for Remove and Install Waterline (Up to 6-ft of Cover) LF 1000 $11.80 $11,800.00 B210 Extra Depth for Trench Safety for Remove and Install for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 10 $29.50 $295.00 B211 Trench Safety for Auger Boring/Pipe Bursting Pits (Up to 6-ft of Cover) EA 10 $2,950.00 $29,500.00 B212 Extra Depth for Trench Safety for Auger Boring Pits for Each Vertical Foot Over 6- ft of Cover, Added to Each (All Pipe Sizes) EA 10 $1,180.00 $11,800.00 B213 Furnish and Install Cement Stabilized Sand TONS 100 $59.00 $5,900.00 B214 Clearing and Grubbing AC 1 $2,950.00 $2,950.00 B215 Furnish and Install Asphalt Pavement Repair SY 100 $100.30 $10,030.00 B216 Sawcut Asphalt Per 2" lift greater than 2" thickness LF 1000 $1.77 $1,770.00 B217 Furnish and Install Asphalt Overlay Per 2" lift greater than 2" thickness SY 100 $29.50 $2,950.00 B218 Remove Asphalt Per 2" lift greater than 2" thickness SY 500 $5.90 $2,950.00 B219 Furnish and Install Concrete Pavement Repair SF 50 $92.93 $4,646.50 B220 Sawcut Concrete Per 2" lift greater than 8" thickness LF 100 $2.95 $295.00 B221 Furnish and Install Concrete Thickness per 2" Greater than 8" thickness SF 50 $177.00 $8,850.00 B222 Remove Concrete Per 2" lift greater than 8" thickness SF 50 $17.70 $885.00 B223 Furnish and Install Concrete Driveway Repair SF 100 $9.74 $974.00 B224 Furnish and Install Concrete Curb Ramp Repair SF 50 $26.55 $1,327.50 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B225 Furnish and Install Concrete Curb and Gutter Repair LF 100 $21.24 $2,124.00 B226 Furnish and Install Concrete Valley Gutter Repair LF 100 $47.20 $4,720.00 B227 Furnish and Install Concrete Sidewalk Repair SF 100 $9.44 $944.00 B228 Furnish and Install Seeding SY 100 $1.30 $130.00 B229 Furnish and Install Sodding SY 50 $7.08 $354.00 B230 Furnish and Install Wooden Fence LF 100 $41.30 $4,130.00 B231 Furnish and Install Chain Link Fencing LF 100 $53.10 $5,310.00 B232 Remove and Reinstall Residential Mailbox EA 10 $236.00 $2,360.00 B233 Haul off Concrete (Greater than 8 inches in thickness)/Asphalt (Greater than 2 inches thickness) HR 50 $123.90 $6,195.00 B234 Abandon 2" to 4" Waterline in Place and Fill with Grout LF 100 $11.80 $1,180.00 B235 Abandon 6" to 8" Waterline in Place and Fill with Grout LF 100 $15.93 $1,593.00 B236 Abandon 12" Waterline in Place and Fill with Grout LF 100 $33.04 $3,304.00 B237 Abandon 16" Waterline in Place and Fill with Grout LF 100 $33.04 $3,304.00 B238 Abandon 24" Waterline in Place and Fill with Grout LF 100 $38.94 $3,894.00 B239 Furnish and Install 10" Steel Casing Pipe w/4" Waterline by Conventional Trenching, (Up to 6-ft of Cover) LF 25 $105.05 $2,626.25 B240 Furnish and Install 12" Steel Casing Pipe w/6" Waterline by Conventional Trenching (Up to 6-ft of Cover) LF 25 $129.41 $3,235.25 B241 Furnish and Install 16" Steel Casing Pipe w/8" Waterline by Conventional Trenching, (Up to 6-ft of Cover) LF 25 $154.71 $3,867.75 B242 Furnish and Install 20" Steel Casing Pipe w/12" Waterline by Conventional Trenching (Up to 6-ft of Cover) LF 20 $164.02 $3,280.40 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B243 Furnish and Install 30" Steel Casing Pipe w/16" Waterline by Conventional Trenching (Up to 6-ft of Cover) LF 20 $274.94 $5,498.80 B244 Furnish and Install 36" steel casing Pipe w/24" Waterline by Conventional Trenching (Up to 6-ft of Cover) LF 20 $486.46 $9,729.20 B245 Extra Depth for Casing and Waterline Installation by Conventional Trenching for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 25 $29.89 $747.25 B246 Furnish and Install 10" Steel Casing Pipe w/4" Waterline by Auger Boring (Up to 6- ft of Cover) LF 25 $285.17 $7,129.25 B247 Furnish and Install 12" Steel Casing Pipe w/6" Waterline by Auger Boring (Up to 6- ft of Cover) LF 25 $346.53 $8,663.25 B248 Furnish and Install 16" Steel Casing Pipe w/8" Waterline by Auger Boring (Up to 6- ft of Cover) LF 25 $381.93 $9,548.25 B249 Furnish and Install 20" Steel Casing Pipe w/12" Waterline by Auger Boring (Up to 6-ft of Cover) LF 20 $462.17 $9,243.40 B250 Furnish and Install 30" Steel Casing Pipe w/16" Waterline by Auger Boring (Up to 6-ft of Cover) LF 20 $712.33 $14,246.60 B251 Furnish and Install 36" Steel Casing Pipe w/24" Waterline by Auger Boring (Up to 6-ft of Cover) LF 20 $1,012.34 $20,246.80 B252 Extra Depth for Casing and Waterline Installation by Auger Boring for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 25 $74.73 $1,868.25 B253 Furnish and Install 10" Steel Casing Pipe w/4" Waterline by Auger Boring (Up to 6- ft of Cover) LF 100 $271.01 $27,101.00 B254 Furnish and Install 12" Steel Casing Pipe w/6" Waterline by Auger Boring (Up to 6- ft of Cover) LF 100 $345.64 $34,564.00 B255 Furnish and Install 16" Steel Casing Pipe w/8" Waterline by Auger Boring (Up to 6- ft of Cover) LF 100 $379.57 $37,957.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B256 Furnish and Install 20" Steel Casing Pipe w/12" Waterline by Auger Boring (Up to 6-ft of Cover) LF 50 $463.35 $23,167.50 B257 Furnish and Install 30" Steel Casing Pipe w/16" Waterline by Auger Boring (Up to 6-ft of Cover) LF 50 $662.77 $33,138.50 B258 Furnish and Install 36" Steel Casing Pipe w/24" Waterline by Auger Boring (Up to 6-ft of Cover) LF 50 $922.37 $46,118.50 B259 Extra Depth for Casing and Waterline Installation by Auger Boring for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 50 $86.53 $4,326.50 B260 Tree Removal Up To 8" in Dia.EA 5 $442.50 $2,212.50 B261 Tree Removal Greater than 8" in Dia.EA 5 $885.00 $4,425.00 B262 Brush Removal AC 1 $3,540.00 $3,540.00 B263 Remove and Relocate Existing Wooden Fence LF 50 $23.60 $1,180.00 B264 Remove and Relocate Existing Chainlink Fence LF 50 $29.50 $1,475.00 B265 Furnish and Install Signing and Traffic Control (Scenario 1) DAY 10 $295.00 $2,950.00 B266 Furnish and Install Signing and Traffic Control (Scenario 2) DAY 10 $295.00 $2,950.00 B267 Furnish and Install Signing and Traffic Control (Scenario 3) DAY 10 $472.00 $4,720.00 B268 Furnish and Install Signing and Traffic Control (Scenario 4) DAY 10 $354.00 $3,540.00 B269 Furnish and Install Signing and Traffic Control (Scenario 5) DAY 10 $354.00 $3,540.00 B270 Furnish and Install Signing and Traffic Control (Scenario 6) DAY 10 $590.00 $5,900.00 B271 Furnish and Install Signing and Traffic Control (Scenario 7) DAY 10 $708.00 $7,080.00 B272 Furnish and Install Signing and Traffic Control (Scenario 8) DAY 10 $1,003.00 $10,030.00 B273 Furnish and Install Signing and Traffic Control (Scenario 9) DAY 10 $885.00 $8,850.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B274 Furnish and Install Signing and Traffic Control (Scenario 10) DAY 10 $826.00 $8,260.00 B275 Furnish and Install Signing and Traffic Control (Scenario 11) DAY 10 $1,062.00 $10,620.00 B276 Furnish and Install Signing and Traffic Control (Scenario 12) DAY 10 $1,298.00 $12,980.00 B277 Furnish and Install Signing and Traffic Control (Scenario 13) DAY 10 $767.00 $7,670.00 B278 Furnish and Install Signing and Traffic Control (Scenario 14) DAY 10 $1,416.00 $14,160.00 B279 Furnish and Install Signing and Traffic Control (Scenario 15) DAY 10 $590.00 $5,900.00 B280 Furnish Flagger DAY 10 $500.00 $5,000.00 B281 Furnish and Install Flashing Arrow Board DAY 10 $100.30 $1,003.00 B282 Furnish and Install Channelization Drums (10 Drums) DAY 10 $29.50 $295.00 B283 Furnish and Install Type III Barricade DAY 10 $17.70 $177.00 B284 Furnish and Install Skid Mount Sign on Double Wooden Posts DAY 10 $23.60 $236.00 B285 Furnish and Install Silt Fence LF 1000 $7.00 $7,000.00 B286 Furnish and Install Fiber Rolls LF 10 $4.26 $42.60 B287 Furnish and Install Rock Filled Bags LF 10 $35.53 $355.30 B288 Furnish and Install Rock Filter Dam LS 5 $2,006.00 $10,030.00 B289 Furnish and Install Construction Entrance/Exit LS 5 $2,596.00 $12,980.00 B290 Furnish and Install Well Pointing for Waterline Installation (Up to 6-ft of Cover) LF 500 $42.78 $21,390.00 B291 Extra Depth for Well Pointing for Waterline Installation for Each Vertical Foot Over 6-ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 50 $14.75 $737.50 B292 Preconstruction Exploratory Excavation (Up to 6-ft of Cover) LF 500 $106.20 $53,100.00 B293 Extra Depth for Preconstruction Exploratory Excavation for Each Vertical Foot Over 6-ft Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 100 $42.48 $4,248.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM B294 Furnish and Install Bell Harness Assembly for 4" Waterline EA 5 $430.60 $2,153.00 B295 Furnish and Install Bell Harness Assembly for 6" Waterline EA 5 $440.98 $2,204.90 B296 Furnish and Install Bell Harness Assembly for 8" Waterline EA 5 $673.99 $3,369.95 B297 Furnish and Install Bell Harness Assembly for 12" Waterline EA 2 $1,339.77 $2,679.54 B298 Furnish and Install Bell Harness Assembly for 16" Waterline EA 2 $1,550.54 $3,101.08 B299 Furnish and Install Bell Harness Assembly for 24" Waterline EA 2 $2,134.74 $4,269.48 B300 Furnish and Install 4" Dia. Transition Coupling EA 5 $318.01 $1,590.05 B301 Furnish and Install 6" Dia. Transition Coupling EA 5 $372.29 $1,861.45 B302 Furnish and Install 8" Dia. Transition Coupling EA 5 $489.70 $2,448.50 B303 Furnish and Install 12" Dia. Transition Coupling EA 2 $647.23 $1,294.46 B304 Furnish and Install 16" Dia. Transition Coupling EA 2 $3,098.68 $6,197.36 B305 Furnish and Install 24" Dia. Transition Coupling EA 2 $3,409.02 $6,818.04 B306 Furnish and Install 4" Dia. Waterline Cap EA 5 $112.09 $560.45 B307 Furnish and Install 6" Dia. Waterline Cap EA 5 $134.29 $671.45 B308 Furnish and Install 8" Dia. Waterline Cap EA 5 $287.07 $1,435.35 B309 Furnish and Install 12" Dia. Waterline Cap EA 2 $439.23 $878.46 B310 Furnish and Install 16" Dia. Waterline Cap EA 2 $2,185.04 $4,370.08 B311 Furnish and Install 24" Dia. Waterline Cap EA 2 $2,566.44 $5,132.88 Subtotal: $4,147,793.00 Part C No.Description Unit Qty Unit Price Ext Price CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM C1 Preparation of Traffic Control Plans AL 1 $45,000.00 $45,000.00 C2 Disposal of Contaminated Ground Water AL 1 $15,000.00 $15,000.00 Subtotal: $60,000.00 CIVCAST 19037A CityWide Water Distribution System Indefinite Delivery/ Indefinite ...Report Created On: 9/11/19 7:44:35 PM Project No.: E10053 1 WW Legistar No.: 19-1343 Rev. 2 – 10/11/2019 AGENDA MEMORANDUM Action Item for the City Council Meeting of October 29, 2019 DATE:October 11, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, P.E., Director of Water Utilities dang@cctexas.com (361) 826-1718 CAPTION: Motion authorizing a contract with J.S. Haren Company of Athens, Tennessee for the Whitecap Wastewater Treatment Plant (WWTP) Emissions/Odor Control and Bulkhead Rehabilitation project in the amount of $1,916,000, to rehabilitate the emission/odor control system and repair the bulkhead. The project is located in City Council District No. 4. The contract will proceed upon the issuance of a notice to proceed and funding is approved and available through the Wastewater Capital Improvement Program (CIP) Budget. SUMMARY: This motion awards a single construction contract for the WWTP Emissions/Odor Control and Bulkhead Rehabilitation Project for $1,916,000. This project is necessary to repair the concrete bulkhead surrounding the wastewater treatment plant and the rehabilitation of the emission/odor control system inside the plant. BACKGROUND AND FINDINGS: The Whitecap WWTP provides wastewater treatment service for City customers located on Padre Island. The original plant had 0.5 million gallons per day (MGD) capacity and has been expanded over the years to 2.5 MGD capacity due to growth on the island. The existing odor control unit has exceeded its useful life. The existing unit employs chemicals for treatment, and the new odor control units will use a more efficient, biological process. Currently there is approximately 2,830 linear feet of concrete marine bulkhead surrounding the Construction Contract Whitecap Wastewater Treatment Plant Emissions/Odor Control and Bulkhead Rehabilitation Project No.: E10053 2 WW Legistar No.: 19-1343 Rev. 2 – 10/11/2019 Whitecap WWTP site. Portions of this bulkhead are showing signs of deterioration and in some cases the early stages of structural failure, possibly due to excessive wave action caused by adjacent boat traffic exceeding the posted no wake speed. The concrete sheet pile wall has isolated deterioration with about 70% of joints open. The concrete cap bulkhead has cracks, spalls, and spalls with exposed rebar. Approximately 50% of the expansion joints have cracks and spalls. The project scope is summarized below: Base Bid Part 1: Odor Control System Demolition of existing unit Reroute existing lines Modification of existing ductwork, utilities and yard piping Installation of new odor control system Base Bid Part 2: Bulkhead Rehabilitation Remove and replace chain link fence Install vinyl box sheet pile and concrete pile cap, wood deck, and walkway Grading area and concrete point repairs PROJECT TIMELINE: OCT NOV DEC JAN FEB MAR APR MAY Award 2019 2020 Construction COMPETITIVE SOLICITATION PROCESS: On August 28, 2019 the City received a total of seven (7) bids for the project. Three (3) bids were for Base Bid Part 1 and four (4) bids were for Base Bid Part 2. This project includes the installation of new odor control system and rehabilitation of an existing bulkhead. There were three bidders for the Base Bid Part 1, and four bidders for the Base Bid Part 2. J.S. Haren Company satisfied the bid requirements and submitted the lowest bid for both Base Bid Part 1 and Base Bid Part 2 as seen below: BID SUMMARY –BASE BID PART 1 CONTRACTOR BID AMOUNT J.S. Haren Company Athens, Tennessee $369,000 Associated Construction Partners Ltd. Boerne, Texas $428,800 DMB Construction, LLC Corpus Christi, Texas $440,783 Engineer’s Opinion of Probable Cost $400,000 Project No.: E10053 3 WW Legistar No.: 19-1343 Rev. 2 – 10/11/2019 BID SUMMARY –BASE BID PART 2 CONTRACTOR BID AMOUNT J.S. Haren Company Athens, Tennessee $1,547,000 Shirley and Sons Construction Company Cleveland, Texas $1,628,301 Associated Construction Partners Ltd. Boerne, Texas $1,881,250 Derrick Construction Company Rockport, Texas $2,205,905.38 Engineer’s Opinion of Probable Cost $1,850,000 ALTERNATIVES: An alternative to accepting the low bid would be to reject all bids and request the project be re- bid. The bid from J.S. Haren is responsive and within budget. In addition, not awarding the construction contract to the low bidder, J.S. Haren Company will delay upgrades to the odor controls and will allow increased deterioration and failure of the bulkhead system. FINANCIAL IMPACT: This item will award a Construction Contract for Base Bid Part 1 in the amount of $369,000 and Base Bid Part 2 in the amount of $1,547,000for a total construction contract amount of $1,916,000 to J.S. Haren Company of Athens, Tennessee for the Whitecap Wastewater Treatment Plant Emission/Odor Control and Bulkhead Rehabilitation Project. This project is located in City Council District 4, and the contract will begin upon issuance of Notice to Proceed. Funding for this project is available in Fund 4510 Wastewater Capital Reserves. FUNDING DETAIL: Fund: Wastewater Capital Reserve (Fund 4510) Mission Elem: Wastewater Collection System (042) Project No.:Whitecap WWTP Emission/Odor Control and Bulkhead Rehabilitation (19037A) Account:Construction Activity: 19037-A-4510-EXP RECOMMENDATION: Staff recommends awarding to the lowest bidder, J.S. Haren Company of Athens, Tennessee in the amount of $1,916,000. LIST OF SUPPORTING DOCUMENTS: Location Maps Bid Tabs ITEM DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1A1 MOBILIZATION (5% MAX OF PART 1)LS 1 18,000.00$ 18,000.00$ 20,000.00$ 20,058.00$ 20,058.00$ 1A2 BONDS AND INSURANCE (PART 1)LS 1 12,000.00$ 12,000.00$ 15,000.00$ 19,719.00$ 19,719.00$ 1A3 ALLOWANCE FOR UNANTICIPATED ADJUSTMENTS LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 40,000.00$ 45,000.00$ 49,777.00$ 1B1 DEMOLITION EXISTING FANS, DUCTWORK LS 1 20,000.00$ 20,000.00$ 20,000.00$ 65,992.00$ 65,992.00$ 1B2 REROUTE EXISTING LINES LS 1 1,500.00$ 1,500.00$ 20,000.00$ 14,700.00$ 14,700.00$ 1B3 BIOAIR ECOFILTER EF41 BIOTRICKLING FILTER UNIT W/BLOWER,ELECTRICAL CONTROL PANEL & WATER CONTROL PANEL LS 1 275,500.00$ 275,500.00$ 280,000.00$ 255,662.00$ 255,662.00$ 1B4 MODIFICATIONS TO EXISTING DUCTWORK LS 1 3,000.00$ 3,000.00$ 10,000.00$ 17,050.00$ 17,050.00$ 1B5 MISC UTILITIES & YARD PIPING LS 1 3,000.00$ 3,000.00$ 10,000.00$ 10,552.00$ 10,552.00$ 303,000.00$ 340,000.00$ 363,956.00$ 1C1 ELECTRICAL DEMOLITION LS 1 8,500.00$ 8,500.00$ 5,000.00$ 7,800.00$ 7,800.00$ 1C2 MOTOR CONTROL CENTER BREAKER AND BUCKET EA 1 7,000.00$ 7,000.00$ 5,000.00$ 3,250.00$ 3,250.00$ 1C3 1" PVC CONDUIT LF 40 100.00$ 4,000.00$ 800.00$ 20.00$ 800.00$ 1C4 1" ALUMINUM CONDUIT LF 20 100.00$ 2,000.00$ 4,000.00$ 30.00$ 600.00$ 1C5 1" FLEX CONDUIT LF 10 100.00$ 1,000.00$ 1,000.00$ 45.00$ 450.00$ 1C6 #12 THWN COPPER 600V LF 200 2.00$ 400.00$ 8,000.00$ 4.45$ 890.00$ 1C7 NEMA 4X JUNCTION BOX EA 1 1,000.00$ 1,000.00$ 5,000.00$ 2,500.00$ 2,500.00$ 1C8 MISC. ELECTRICAL, SUPPORTS, GROUNDING LS 1 2,100.00$ 2,100.00$ 15,000.00$ 10,760.00$ 10,760.00$ 26,000.00$ 43,800.00$ 27,050.00$ 26,000.00$ PART 1B - BIOTRICKLING FILTER PART C - ELECTRICAL SUBTOTAL PART 1B - BIOTRICKLING FILTER (ITEMS 1B1 thru 1B5) 369,000.00$ PART 1A - GENERAL PART 1B - BIOTRICKLING FILTER PART C - ELECTRICAL PART C - LIGHTING IMPROVEMENTS (ITEMS C1 thru C3) TOTAL BASE BID PART 1 ODOR CONTROL SYSTEM • PARTS A thru C 40,000.00$ BID SUMMARY 303,000.00$ TABULATED BY: JEFF COYM, PE - LJA ENGINEERING, INC. SUBTOTAL PART 1A - GENERAL (ITEMS 1A1 thru 1A3) 1175 HWY 11 NORTHBASE BID PART 1 ODOR CONTROL SYSTEM BID DATE: AUGUST 28, 2019 WHITECAP WWTP ODOR CONTROL AND BULKHEAD REHABILITATION JS HAREN COMPANY ATHENS, TENNESSEE 37303 PART 1A - GENERAL CITY OF CORPUS CHRISTI PROJECT NO. E10053 - LJA PROJECT NO. C007-20734 COMPLETION BASE BID PART 1: 150 CALENDAR DAYS 428,800.00$ 440,783.00$ 45,000.00$ 49,777.00$ 340,000.00$ 363,956.00$ 43,800.00$ 27,050.00$ ENGINEER'S ESTIMATE BASE BID PART 1: $400,000 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS BOERNE, TEXAS 78006 CORPUS CHRISTI, TEXAS 78405 ASSOCIATED CONSTRUCTION PARTNERS DMB CONSTRUCTION, LLC. 215 W BANDERA RD 4722 NEPTUNE STREET LJA Engineering, Inc. TBPE Firm Reg. No. F-1386 Whitecap WWTP Odor Control and Bulkhead Rehabilitation Project No. E10053 Bid Tabulation 9/3/2019 Page 1 of 2 ITEM DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2A1 MOBILIZATION (5% MAX OF PART 2)LS 1 72,115.00$ 72,115.00$ 80,000.00$ 80,000.00$ 90,000.00$ 2A2 BONDS AND INSURANCE (PART 2)LS 1 45,000.00$ 45,000.00$ 25,000.00$ 25,000.00$ 35,000.00$ 2A3 SITE CLEARING AND STRIPPING LS 1 5,000.00$ 5,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 2A4 STORMWATER POLLUTION PREVENTION PLAN LS 1 500.00$ 500.00$ 2,000.00$ 2,000.00$ 5,000.00$ 2A5 INLET PROTECTION EA 3 250.00$ 750.00$ 1,000.00$ 3,000.00$ 5,000.00$ 2A6 EROSION PROTECTION MATTING SY 1,800 2.00$ 3,600.00$ 6.00$ 10,800.00$ 28,800.00$ 2A7 HYDROMULCH SEEDING SY 1,800 1.00$ 1,800.00$ 0.85$ 1,530.00$ 9,000.00$ 2A8 ALLOWANCE FOR UNANTICIPATED REPAIRS LS 1 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 158,765.00$ 167,330.00$ 217,800.00$ -$ 2B1 REMOVE AND REPLACE CHAIN LINK FENCE LF 1,392 30.00$ 41,760.00$ 5.00$ 6,960.00$ 27,840.00$ 2B2 REMOVE AND REPLACE WOODEN DOCK AND WALKWAY LF 12 250.00$ 3,000.00$ 100.00$ 1,200.00$ 4,800.00$ 2B3 PREPARATION AND CLEANING OF EXISTING BULKHEAD CAP LF 3,255 10.00$ 32,550.00$ 6.20$ 20,181.00$ 65,100.00$ 2B4 EXISTING CONCRETE CAP POINT REPAIR (INCLUDES CRACKS, SPALLS & EXPOSED REBAR)LF 529 75.00$ 39,675.00$ 85.00$ 44,965.00$ 52,900.00$ 2B5 VINYL BOX SHEET PILE AND CONCRETE PILE CAP (OPTION 1 OR OPTION 2)LF 3,255 390.00$ 1,269,450.00$ 423.00$ 1,376,865.00$ 1,503,810.00$ 2B6 GRADING OF AREA BEHIND BULKHEAD SY 1,800 1.00$ 1,800.00$ 6.00$ 10,800.00$ 9,000.00$ 1,388,235.00$ 1,460,971.00$ 1,663,450.00$ -$ TOTAL BASE BID PART 2 BULKHEAD REHABILITATION • PARTS A thru B 1,547,000.00$ 1,628,301.00$ 1,881,250.00$ * Bid is non-responsive - failure to sign bid acknowledgement form and failure to bid all line items on bid form SUBTOTAL PART 2A - GENERAL (ITEMS 2A1 thru 2A8) PART 2B - BULKHEAD REHABILITATION 1,388,235.00$ 1,460,971.00$ 1,663,450.00$ SUBTOTAL PART 2B - BULKHEAD REHABILITATION (ITEMS 2B1 thru 2B6) BID SUMMARY PART 2A - GENERAL 158,765.00$ 167,330.00$ 217,800.00$ PART 2B - BULKHEAD REHABILITATION PART 2A - GENERAL BID DATE: AUGUST 28, 2019 COMPLETION BASE BID PART 2: 180 CALENDAR DAYS WHITECAP WWTP ODOR CONTROL AND BULKHEAD REHABILITATION JS HAREN COMPANY SHIRLEY & SONS CONSTRUCTION CO BASE BID PART 2 BULKHEAD REHABILITATION 1175 HWY 11 NORTH 15705 FM 787 215 W BANDERA RD CITY OF CORPUS CHRISTI PROJECT NO. E10053 - LJA PROJECT NO. C007-20734 ATHENS, TENNESSEE 37303 CLEVELAND, TEXAS 77327 TABULATED BY: JEFF COYM, PE - LJA ENGINEERING, INC. TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS *DERRICK CONSTRUCTION 250 S. COVE HARBOR ROCKPORT, TEXAS 78381 ENGINEER'S ESTIMATE BASE BID PART 2: $1,850,000 ASSOCIATED CONSTRUCTION PARTNERS BOERNE, TEXAS 78006 -$ -$ -$ LJA Engineering, Inc. TBPE Firm Reg. No. F-1386 Whitecap WWTP Odor Control and Bulkhead Rehabilitation Project No. E10053 Bid Tabulation 9/3/2019 Page 2 of 2 286 NUECES BAY CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE � N SCALE: N.T.S. PROJECT LOCATION LAGUNA MADRE Project: E10053 Whitecap Wastewater Treatment Plant Odor Control, Process and Bulkhead Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES --- -- - N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Whitecap Wastewater Treatment Plant Odor Control, Process and Bulkhead Improvements VICINITY MAP NOT TO SCALE Project: E10053Bonasse CtWhitecap Blvd WHITECAP WASTEWATER TREATMENT PLANT ODOR CONTROL, PROCESS AND BULKHEAD IMPROVEMENTS Key Largo CtIsabella CtReales DrTesoro Dr Project No: 19077A 1 LJ Legistar No.: 19-1400 Rev. 3 – 10/08/2019 AGENDA MEMORANDUM Action Item for the City Council Meeting of October 29, 2019 DATE: October 22, 2019 TO: Peter Zanoni, City Manager THRU: Keith Selman, Assistant City Manager keithse@cctexas.com (361) 826-3898 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 David Lehfeldt, Deputy Director of Solid Waste Services davidl3@cctexas.com (361) 826-1718 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a contract to SCS Engineers of Bedford, Texas for design of the Cefe Valenzuela Gas Collection and Control System (GCCS) expansion in Cells 1B, 1C and 3C in the amount of $163,500, effective upon issuance of notice to proceed, with funding approved and available from budgeted Solid Waste Capital Improvement Funds. SUMMARY: This contract provides for design, bid and construction quality assurance services for the expansion of the GCCS into cells 1B, 1C and 3C located at Cefe Valenzuela Landfill. BACKGROUND AND FINDINGS: The Cefé Valenzuela Landfill is governed by federal regulations that control air emissions. The New Source Performance Standards (NSPS) are contained in 40 CFR 60, Subpart WWW. These regulations require that landfills have a Gas Collection and Control System (GCCS) in place to control landfill gas from waste that has been in place 5 years or more if at intermediate grade, or 2 years or more at final permitted grade. Therefore, a GCCS expansion into Cells 1B and 1C is required to be fully constructed and operational by June 2, 2021 because initial waste placement into Cells 1B and 1C began shortly after the cell commissioning on June 1, 2016. The GCCS expansion into Cell 3C must be constructed and in operation by October 9, 2023, based on that cell’s first waste placement date of October 9, 2018. See table below: Professional Services Contract Cefe Valenzuela Cells 1B, 1C & 3C Gas Collection and Control System Project No: 19077A 2 LJ Legistar No.: 19-1400 Rev. 3 – 10/08/2019 GCCS Expansion table This contract provides for design and construction document preparation for expansion of the GCCS located at Cefe Valenzuela Landfill into cells 1B, 1C and 3C. Following the design, the construction will occur in two phases. Cells 1B and 1C will be constructed first in order to meet the June 2021 deadline and Cell 3C will be scheduled to meet October 2023 deadline. The engineering services contained in this contract are summarized below: ▪ Prepare detailed design and the construction bid documents ▪ Provide construction phase engineering and quality assurance support ▪ Landfill Gas (LFG) Extraction Well Pre-Construction Survey ▪ Prepare final As-Built drawings to the City SCS Engineers was selected as design engineer for this project in April 2018 under RFQ 2018- 01. The selection committee, consisting of representatives from Solid Waste and Engineering Services, recommended SCS Engineers as most qualified based on five factors: 1) experience of the firm, 2) experience of key personnel with specific experience with NSPS requirements and GCCS design, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. ALTERNATIVES: The Solid Waste Services department can continue to operate without the gas collection control system until June 2021, however, this contract is needed to ensure the landfill operation remains compliant with federal regulations. FISCAL IMPACT: This item will award a contract for professional engineering services to SCS Engineers, of Bedford, Texas in the amount of $163,500 for design, bid and construction quality assurance services for the expansion of the GCCS into cells 1B, 1C and 3C located at Cefe Valenzuela Landfill. Funds for this project are approved and available in the Solid Waste Capital Improvement Program. Funding Detail: Fund: Landfill 2015 Certificated of Obligation (Fund 3367) Project: Cefé Valenzuela Gas Collection Control System (19077A) Account: Outside Contractors (550950) Activity: 19077-A-3367-EXP Amount: $163,500 RECOMMENDATION: Staff recommends awarding a contract to SCS Engineers, of Bedford, Texas in the amount of $163,500 effective upon issuance of notice to proceed, with funding available from Solid Waste Landfill funds for engineering, design, bid and construction quality assurance services for the Cells Grade Date of initial placement Needed date of replacement 1B Intermediate June 1, 2016 June 2, 2021 1C Intermediate June 1, 2016 June 2, 2021 3C Intermediate October 9, 2018 October 9, 2023 Project No: 19077A 3 LJ Legistar No.: 19-1400 Rev. 3 – 10/08/2019 expansion of the GCCS into cells 1B, 1C and 3C located at Cefe Valenzuela Landfill. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Contract Contract for Professional Services Page 1 of 12 SERVICE AGREEMENT NO. 2617 CONTRACT FOR PROFESSIONAL SERVICES 19077A Cefe Valenzuela Landfill Gas Collection and Control System (GCCS) Cells 1B, 1C, 3C 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 SCS Engineers, 1901 Central Drive, Suite 550, Bedford, TX 76021 (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 2 of 12 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is 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. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Contract for Professional Services Page 3 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 $163,500. 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 4 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 t he City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of ____ years beginning on the Effective Date. The Agreement may be renewed for up to _____ one-year renewal options upon mutual agreement of the parties to be evidenced in Contract for Professional Services Page 5 of 12 writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. 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 Contract for Professional Services Page 6 of 12 committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based w holly 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. Contract for Professional Services Page 7 of 12 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. 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 until such documentation is submitted. 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. 9/25/19 Contract for Professional Services Page 8 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 9 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. 12.2.2.1 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. 12.2.2.2 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. 12.2.2.3 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. 12.2.2.4 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 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 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 10 of 12 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. 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 Proj ect, 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. Contract for Professional Services Page 11 of 12 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 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI ____________________________________ Kim Baker Date Director of Contracts and Procurement APPROVED AS TO LEGAL FORM SCS ENGINEERS ____________________________________ Ryan Kuntz, P. E.Date Vice President 1901 Central Drive, Suite 550 Bedford, TX 76021 (817)571-2288 Phone rkuntz@scsengineers.com ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date 9/25/19 Contract for Professional Services Page 12 of 12 Cefe Valenzuela Landfill Gas Collection and Control System (GCCS) Cells 1B, 1C, 3C Project No. 19077A Service Agreement No. 2617 SCS Engineers Contract $163,500 Fund Name Accounting Unit Account No. Activity No. Amount Landfill 2015 CO 3367-031 550950 19077-A-3367-EXP $163,500 Total $163,500 1901 Central Drive, Ste. 550, Bedford, TX 76021 | 817-571-2288 | eFax 817-571-2188 \\bed-fs02\shares\Data\BD\Proposals\Corpus Christi\160055219 Cefe 2021 GCCS Expansion\P091619 Cefe 2021 GCCS Expansion r2.docx Environmental Consulting & Contracting September 16, 2019 SCS Proposal No. 160055219 Mr. Jeffrey Edmonds, P.E. (sent via email) Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 Re: Gas Collection and Control System (GCCS) Expansion Construction Plans, Specifications, Bid Documents (Cells 1B/1C, and 3C); and Bid-Support Services and Construction Quality Assurance (CQA) - (Cells 1B/1C) Cefe Valenzuela Landfill, Corpus Christi, Texas Dear Jeff: SCS Engineers is pleased to present this proposal to the City of Corpus Christi to provide services related to two, required landfill gas collection and control system (GCCS) expansions into Cells 1B/1C, and 3C at the Cefe Valenzuela Landfill (landfill). Federal New Source Performance Standards (NSPS) for Municipal Solid Waste Landfills, which are contained in 40 CFR 60, Subpart WWW require that a GCCS control landfill gas from waste at the landfill that has been in place 5 years or more if at intermediate grade, or 2 years or more at final permitted grade. Therefore, a GCCS expansion into Cells 1B and 1C is required to be fully constructed and operating by June 1, 2021 (since we assume initial waste placement into Cells 1B and 1C began shortly after the cell commissioning on June 1, 2016). The GCCS expansion into Cell 3C must be constructed and operated by October 9, 2023 based on that cell’s first waste disposal being on or after October 9, 2018. SCS has extensive experience with NSPS requirements and GCCS design. SCS provided the initial GCCS design and construction quality control/assurance (CQA) at the landfill. Our project team has also provided the City with the landfill’s air permitting and compliance needs prior to the landfill commencing operation in 2007. Resumes are available upon request as well as detailed qualifications, if necessary. This proposal’s services are divided into 4 tasks as follows: Task 1 - Concurrent design of two GCCS construction plan sets (one for the GCCS expansion into Cells 1B/1C and one for the GCCS expansion into Cell 3C); Task 2 - Specifications and Front-End Documents for both of the GCCS construction plan sets prepared in Task 1; Task 3 - Bid support services related to the GCCS expansion into Cells 1B/1C; and Task 4 - Construction Quality Assurance services for the GCCS expansion into Cells 1B/1C. EXHIBIT "A" Page 1 of 10 Mr. Jeffrey Edmonds, P.E. September 16, 2019 Page 2 \\bed-fs02\shares\Data\BD\Proposals\Corpus Christi\160055219 Cefe 2021 GCCS Expansion\P091619 Cefe 2021 GCCS Expansion r2.docx The remaining, future work related to finalizing documents, including confirming landfill fill grades at time of construction and any updates to City’s bidding documents, bidding, and CQA for the GCCS expansion into Cell 3C will be part of a separate, future proposal closer to that expansion’s final construction date. SCOPE OF SERVICES Our proposed detailed scope of services is as follows: TASK 1 – DESIGN SUBMITTALS AND CONSTRUCTION PLANS (CELLS 1B/1C & CELL 3C GCCS EXPANSIONS) This task includes preparation of the City-required design submittals (30%, 60%, 90%, 100%, and final), as well as the construction plans for two separate GCCS expansion designs (one into Cells 1B/1C, and a second for subsequent expansion into Cell 3B). These GCCS expansion designs will conform to the landfill’s previously prepared GCCS Design Plan. The services provided in this task for the design submittals will be prepared consistent with the most recent version of the City’s Design Submittal Checklist (Revision Date, 10/26/17). Additionally, SCS will prepare draft and final 30 percent submittals (i.e., following comments) that will include the Engineering Letter Report, opinion of probable construction cost (OPCC), and associated checklist for both expansion designs. These submittals will essentially be design basis memorandums, which will confirm the design elements to be incorporated into the overall design. Additionally, the services provided in this task will include the various submittals required for the 60, 90, and 100 percent design submittals, as well as the final submittals, including but not limited to: the Project Status Summaries; Drawing Review Checklists and Project Submittal Checklists; OPCC; drawings, specifications, and front-end documents, as applicable; and comment responses, as applicable. It should be noted that the preparation of the specifications and front-end documents at various percent-complete levels are included under Task 2 for both designs. The construction plans required for each expansion design will also be prepared under this task. The construction plans will be comprehensive for each construction of the project. For Cell 3C GCCS expansion, SCS will prepare an anticipated interim grading plan, which will serve as the baseline for the piping layout and well depths for the construction plans prepared under this scope of services. Prior to bidding the Cell 3C GCCS expansion in the future, the construction plans (piping layout and well depths) will need to be updated accordingly (future and separate scope of services) to accommodate actual site conditions at the time of construction. The following drawings are projected, but not limited to, being in the each of the final two expansion designs: Cover Sheet; General Notes and Summary of Quantities; Site Layout Plan; GCCS Layout Plan; LFG Extraction Well Details and Well Schedule (up to two drawings); Pipe, Fitting, and Valve Details (up to two drawings); and Condensate Management Details (up to two drawings). Construction plans for each of the expansion designs will be provided during the 60, 90, 100 percent design submittals, as well as for the final submittal in accordance with the Design Submittal EXHIBIT "A" Page 2 of 10 Mr. Jeffrey Edmonds, P.E. September 16, 2019 Page 3 \\bed-fs02\shares\Data\BD\Proposals\Corpus Christi\160055219 Cefe 2021 GCCS Expansion\P091619 Cefe 2021 GCCS Expansion r2.docx Checklist. SCS will provide an electronic PDF and three hard copies of each design submittal for the City’s review. As noted above, SCS will address comments at each required phase of review for both GCCS expansion designs. Our fee assumes that comments from all parties within the City (and Republic, if applicable) will be provided concurrently at each stage of the design process for each design to avoid multiple iterations that might slow the schedule. The final submittal of the construction plans for both expansion designs will be signed and sealed by a Professional Engineer registered in the State of Texas. This task includes the fees associated with the design engineer’s attendance at design review meetings for the 30, 60, and 90 percent submittals. Any other required design review meetings are assumed to be handled by telephone. Our fee for this task assumes that the meetings will be combined for both of the expansion designs to save costs and since both expansion designs will be prepared concurrently. TASK 2 – SPECIFICATIONS AND FRONT-END DOCUMENTS (CELLS 1B/1C & CELL 3C GCCS EXPANSIONS) For this task, SCS will revise the specifications and front-end documents (bid documents) for the both GCCS expansion construction project designs in Task 1. Bid items will be clearly identified. This task’s fee assumes that the City’s Front-End Construction Contract Documents will be used (both Division 00 and Division 01, as applicable). It is assumed that the bid documents will be revised for both designs to request qualification statements from Contractor’s to ensure that the City is receiving bids from qualified Contractors. Additionally, for both designs SCS will prepare technical specifications for materials and execution of work for at least the following items: Excavation, trenching, backfilling, and grading; Landfill gas (LFG) extraction wells and wellheads (includes well drilling, bentonite, and aggregate soil backfill); High density polyethylene (HDPE) pipe, fittings, and valves (includes materials, installation, and testing); and Condensate management systems (includes pumps and sumps). Due to the highly specialized nature of both construction projects, as we did for the initial GCCS construction, we will use SCS’ standard technical specifications. Where possible, SCS will incorporate the City’s standards for materials. During the preparation of technical specifications, SCS will review local permits (i.e., building, electrical, etc.) that may be necessary so that those requirements may be incorporated into the technical specifications. During this effort, SCS will also consider the required timeframes for any of these authorizations and emphasize any of these items that may become a critical path during construction. Specifications and front-end documents will be provided concurrently for both GCCS expansion designs during the 90 and 100 percent design submittals, as well as the final submittal in accordance with the Design Submittal Checklist. The final submittal of the specifications for each design will be signed and sealed by a Professional Engineer registered in the State of Texas. TASK 3 – BID-PHASE SERVICES (CELLS 1B/1C GCCS CONSTRUCTION) This task includes services during the bid advertisement and award phase for construction of the GCCS expansion into Cells 1B/1C. The following services are included: EXHIBIT "A" Page 3 of 10 Mr. Jeffrey Edmonds, P.E. September 16, 2019 Page 4 \\bed-fs02\shares\Data\BD\Proposals\Corpus Christi\160055219 Cefe 2021 GCCS Expansion\P091619 Cefe 2021 GCCS Expansion r2.docx SCS will attend one pre-bid meeting. At the City’s preference SCS may conduct the meeting or be present only as the Design Engineer. SCS will take and issue notes for the meeting. It is assumed that SCS will be responsive to Civcast and the electronic bid platform for questions and comments and to maintain communication with the City’s Project Manager during the bid phase. SCS will provide the City with responses to any technical questions related to the project, as deemed necessary by the City. Addenda will be prepared, if required, and provided to the City for distribution to the Contractors or upload to the City’s website. Our fee for this subtask assumes the preparation of no more than one addendum. Taking into consideration items that may have changed during the bidding process as reflected in addenda to the bid documents, we will provide copies of the “Issued-for-Construction” Contract Documents to the City. TASK 4 – CONSTRUCTIONS QUALITY ASSURANCE SERVICES (CELLS 1B/1C GCCS CONSTRUCTION) This task is included to provide construction-phase engineering and CQA services for the construction of the GCCS expansion into Cells 1B/1C at the landfill. This task is divided into four subtasks. Our assumptions for each subtask are included in the following scope descriptions. We believe the effort included should encompass the construction time and effort that will be needed for the anticipated GGCS expansion. However, if at any time during the design and bidding process this changes due to construction time of the scope of support needed, we will immediately notify the City and discuss what added services might be needed. The four subtasks are as follows: Task 4.1 – LFG Extraction Well Pre-Construction Survey (Optional); Task 4.2 - Field CQA Services; Task 4.3 - Construction-Phase Engineering Services; and Task 4.4 - Construction Documentation Report. Our proposed project team has significant experience in GCCS CQA. Our CQA team will be supervised by a professional engineer licensed in the State of Texas who will certify that the installation of the GCCS has been performed in accordance with the contract documents and nationally recognized industry standards. As indicated below, the certifying engineer on this project will also be a part of the design team for development of the contract documents, and will have intimate knowledge of the project and design specifics. Our proposed CQA team will be comprised of the following personnel (subject to adjustments): Professional Land Surveyor: To be determined (TBD) Soils Laboratory: To be determined (assumed to be City coordinated) Certifying Engineer: Ryan Kuntz, P.E. and/or Brett DeVries, Ph.D., P.E., SCS Engineers CQA Technician(s): TBD, SCS Engineers EXHIBIT "A" Page 4 of 10 Mr. Jeffrey Edmonds, P.E. September 16, 2019 Page 5 \\bed-fs02\shares\Data\BD\Proposals\Corpus Christi\160055219 Cefe 2021 GCCS Expansion\P091619 Cefe 2021 GCCS Expansion r2.docx Although not attached, our CQA team resumes can be made available upon request. SUBTASK 4.1 – PRE-CONSTRUCTION SURVEY (OPTIONAL SUBTASK) This subtask includes the required pre-construction survey of the proposed GCCS extraction well locations. It is only shown as optional in the title because the City may contract the surveyor separately; the survey itself is required. If this subtask is utilized, the surveyor will be contracted through, and coordinated by SCS. The pre-construction survey must be performed by a Professional Land Surveyor registered in the State of Texas, to confirm ground surface elevations of the landfill GCCS extraction wells. Our fee estimate for this subtask assumes that adequate survey control monuments/benchmarks exist onsite, and that the vertical and horizontal control for these monuments will be provided to SCS in advance of this survey (SCS will also confirm this information from the prior gas system construction). This survey will be performed one (1) week prior to construction or sooner if necessary to accommodate commencement of the drilling effort. The surface elevations obtained for the well locations will be used to finalize the well schedule for the project. This pre-construction survey will be reviewed and approved by the Certifying Engineer who is a Professional Engineer registered in the State of Texas. SUBTASK 4.2 – FIELD CQA SERVICES This subtask includes field CQA services during the construction. During the construction, SCS will provide a qualified CQA technician to be onsite daily to observe and document construction, and to verify conformance with the construction plans and specifications. The CQA technician’s responsibilities during drilling and completion of extraction wells will include the following: Document and observe well construction for conformance to the approved construction plans and specifications. Document and observe the waste composition, temperature, and decomposition level of waste removed from the wellbore. This information will be documented on well boring logs. Document and observe that proper well depths, pipe types, backfill, backfill procedures, and well pipe lengths are consistent with the construction plans and specifications. This information will be documented on well installation records. The CQA technician’s responsibilities during the remainder of the project will include the documentation and observation of the following for conformance with the construction plans and specifications: Materials, layout and installation of pipe, fittings, and valves associated with air supply, condensate forcemain, and header and lateral piping. Soils and aggregate placement, compaction, and grading for construction of road crossings. Review, observe, and document pneumatic pipe pressure testing. EXHIBIT "A" Page 5 of 10 Mr. Jeffrey Edmonds, P.E. September 16, 2019 Page 6 \\bed-fs02\shares\Data\BD\Proposals\Corpus Christi\160055219 Cefe 2021 GCCS Expansion\P091619 Cefe 2021 GCCS Expansion r2.docx The CQA technician will provide daily record location and elevation surveys of installed components and verify proper slopes and depths of piping prior to burial, as necessary, consistent with the construction plans and specifications. This work will be completed with GPS survey equipment. The survey equipment and CQA technician will be capable of inversing slopes in the field to provide immediate verification of slopes to the Contractor. The survey equipment will be available for use on-site during all times that construction activities are ongoing. If field conditions require an adjustment to piping or other materials, the certifying engineer will confirm what adjustments are needed, and coordinate accordingly with the City, contractor, and CQA technician(s). During construction, the certifying engineer or qualified representative will review and approve collected survey data on a weekly basis (see Subtask 4.3). Additionally, during construction the CQA technician will prepare daily activity reports documenting conformance with the construction plans and specifications, which will be incorporated into the construction documentation report (Subtask 4.4). Our time-and-materials fee estimate for Subtask 4.2 assumes a construction schedule of up to 45 working days for construction, performed over 10 hours per day, Monday through Saturday. Also, our fees for this subtask includes applicable expenses for our CQA technicians, such as mobilization/demobilization, lodging/per diem, vehicle/mileage, and equipment (survey equipment). If the contractor experiences any downtime in excess of three working days, additional mobilization/demobilization charges may be necessary. SUBTASK 4.3 – CONSTRUCTION-PHASE ENGINEERING SERVICES This subtask includes supervision, project management, and construction-phase engineering services by the certifying engineer. This individual will make visits to the site to be familiar with the work and to review the gathered documentation of construction. The certifying engineer or qualified representative thereof will perform construction-phase engineering services, which will include the following services: Telephone calls among the City, contractor, and/or CQA technician to answer questions and resolve issues; Review and respond to all contractor submittals and requests-for-information or clarifications of the construction plans and specifications; Preparation of well boring logs and well completion records based on documented installation of LFG extraction wells; Review and approve collected survey data of installed system components on a weekly basis; Maintain files for correspondence, photographs, requests-for-information or clarifications, submittal responses, and other construction project-related documentation; Review and evaluate contractor change order proposals (if any), pay applications, and final verification for measurement and payment; EXHIBIT "A" Page 6 of 10 Mr. Jeffrey Edmonds, P.E. September 16, 2019 Page 7 \\bed-fs02\shares\Data\BD\Proposals\Corpus Christi\160055219 Cefe 2021 GCCS Expansion\P091619 Cefe 2021 GCCS Expansion r2.docx If the optional Subtask 4.1 is not executed by the City, this subtask will be utilized for SCS to work with the City’s selected surveyor on the required work; and Since the City will contract directly with qualified laboratories for required CQA testing, the engineering hours in this subtask will be used for SCS to coordinate and review laboratory testing that may be required for the project. SCS anticipates that required testing will include, but not be limited to; the well aggregate (gradation and calcium carbonate content) and cement stabilized sand fill (gradation, Atterberg limits, standard Proctor) will require laboratory testing for verification of conformance with the specifications. Our fee estimate for this subtask assumes that up to 6 hours/week for the Certifying Engineer or qualified representative thereof will be sufficient over the assumed project duration (up to 7 weeks) to complete the construction-phase engineering services. In addition to the above construction-phase engineering services, the Certifying Engineer or qualified representative will participate in bi-weekly project meetings by conference call, and attend up to five (5) onsite inspections/meetings during the project, including a pre-construction meeting, three (3) intermediate meetings/inspections; and a final inspection/walkthrough at substantial completion. SUBTASK 4.4 – CONSTRUCTION DOCUMENTATION REPORT This subtask will include the preparation of a construction documentation report following project completion. This report will include record drawings and surveys, including surveying of extraction wells, piping at 50-foot intervals or less for pipe inflections, fittings, and valves, and other infrastructure installed during the course of the project. The construction report will include a project overview, record survey, results of lab and field testing, GCCS extraction well boring logs and installation records, daily reports, and photographs taken during construction. The narrative portion of the report will list project participants, construction milestone dates, and provide a description of issues encountered during construction or areas that may warrant attention in the future. A draft (electronic PDF format) and hard copy of the construction report will be provided to the City within three (3) weeks of field work completion for review. Up to three (3) final hard copies for the site’s records and electronic PDF will be submitted within two (2) weeks after receiving comments. The final report will have any edits per comments from City addressed, and will be sealed by a professional engineer registered in the State of Texas. PROPOSED FEE AND SCHEDULE Table 1 provides the proposed schedule and fees for this work. In view of the well-defined nature of Tasks 1, 2, 3, and 4.4; SCS proposes to perform these services on a fixed fee (lump sum) basis. In order to remain flexible to adapt to field conditions and uncertainties associated with construction, SCS proposes to perform the services for Tasks 4.1 through 4.3 on a time-and-materials basis. The overall project budget will not be exceeded without prior approval of the City. SCS’ fee schedule is attached to this proposal. EXHIBIT "A" Page 7 of 10 Mr. Jeffrey Edmonds, P.E. September 16, 2019 Page 8 \\bed-fs02\shares\Data\BD\Proposals\Corpus Christi\160055219 Cefe 2021 GCCS Expansion\P091619 Cefe 2021 GCCS Expansion r2.docx Table 1 - Proposed Fees and Schedule Task Description Schedule1 Fee 1 Design Submittals and Construction Plans October 2019 to December 2020 $55,000 2 Specifications and Front-End Documents $13,500 3 Bid-Phase Services December 2020 through April 2021 $8,500 4.1 Pre-Construction Survey (Optional SCS) GCCS Construction March through May 2021 $5,000 4.2 Field CQA Services $53,500 4.3 Construction-Phase Engineering Services $22,500 4.4 Construction Documentation Report $5,500 GRAND TOTAL $163,500 1 SCS understands, based on discussions with the City, that Task 3 may take more time than is shown in the schedule above (from bidding through Contractor’s notice-to-proceed) and that the schedule will be closely monitored and adjusted as needed to accommodate the regulatory deadline of June 1, 2019. Regarding schedule, for the GCCS expansion into Cells 1B/1C, per the current NSPS requirements, the new portions of the GCCS must be in-place and operational by June 1, 2021. As such, SCS will work with the City in an expedited manner to complete the design and work through the City’s established processes for interim millstones and review cycles. The work in Tasks 1 and 2 for the GCCS expansion design into Cell 3C will be prepared concurrently with the design of the expansion into Cells 1B/1C. A schedule by task is included in Table 1 above. This proposal’s schedule assumes that we will be issued a notice-to-proceed by October 2019 to accommodate all of the required work by the regulatory deadline; and that we will issue a detailed project schedule within approximately one week of notice-to-proceed. This schedule will include, but not be limited to, the following milestones for achieving completion by the regulatory deadline: notice-to-proceed, interim review milestones, bidding and award, contractor’s contract approval for construction, and construction. SCS will keep the City apprised of progress in achieving the schedule throughout the project. CLOSING SCS appreciates this opportunity to present this proposal for your consideration. If you have any questions, please feel free to contact David Mezzacappa, P.E. at (817) 358-6108. Sincerely, Ryan Kuntz, P.E. David Mezzacappa, P.E. Vice President / Satellite Unit Director Vice President / Project Director SCS ENGINEERS SCS ENGINEERS TBPE Firm #F-3407 Attachment EXHIBIT "A" Page 8 of 10 Mr. Jeffrey Edmonds, P.E. September 16, 2019 Page 9 \\bed-fs02\shares\Data\BD\Proposals\Corpus Christi\160055219 Cefe 2021 GCCS Expansion\P091619 Cefe 2021 GCCS Expansion r2.docx Cc: Larijai Francis, City of Corpus Christi (e-copy) Marcus Flores, City of Corpus Christi (e-copy) David Lehfeldt, City of Corpus Christi (e-copy) Philip Aldridge, City of Corpus Christi (e-copy) Tony Benavides, City of Corpus Christi (e-copy) EXHIBIT "A" Page 9 of 10 Environmental Management Consultants Offices Nationwide 1901 Central Drive Suite 550 Bedford, Texas 76021 817.571.2288 Main 12651 Briar Forest Drive Suite 205 Houston, Texas 77077 281.293.8494 Main M:BD\Fee Sched\\2017\SCS Engr Office 16 Fee schedule 040119-033120 SCS ENGINEERS FEE SCHEDULE (Effective April 1, 2019 through March 31, 2020) Rate/Hour ($) Business Unit Director .......................................................................................... 220 Sr. Project Advisor ................................................................................................ 215 Satellite Office Manager ....................................................................................... 210 Project Director II ................................................................................................. 205 Project Director I ................................................................................................... 190 Project Manager II ................................................................................................. 175 Project Manager I .................................................................................................. 160 CQA Manager ....................................................................................................... 155 Project Professional III .......................................................................................... 155 Project Professional II ........................................................................................... 135 Project Professional I ............................................................................................ 125 Staff Professional III ............................................................................................. 115 Staff Professional II ............................................................................................... 105 Staff Professional I ................................................................................................ 100 Associate Staff Professional .................................................................................. 90 CAD Designer ....................................................................................................... 120 CAD Draftsperson ................................................................................................. 75 Office Service Manager ........................................................................................ 100 Secretarial/Clerical ................................................................................................ 70 Sr. Technician ....................................................................................................... 100 Technician ............................................................................................................. 90 CQA Technician .................................................................................................... 70 1. The hourly rates are effective through March 31, 2020. Work performed thereafter is subject to a new Fee Schedule issued for the period beginning April 1, 2020. Consistent with federal regulations, a factor of 150% will be applied to overtime hours for field personnel. 2. The above rates include salary, overhead, administration, and profit. Other direct expenses, such as analyses of air, water and soil samples, reproduction, travel, subsistence, subcontractors, long distance telephone, computers, etc., are billed at actual cost plus 15 percent. Vehicle mileage is billed at $0.55 per mile for autos and $0.66 per mile for company trucks. Daily rates apply on long-term projects. 3. Invoices will be prepared monthly for work in progress unless otherwise agreed. Invoices are due and payable upon receipt. 4. Payment of SCS Invoices for services performed will not be contingent upon the client's receipt of payment from other parties, unless otherwise agreed. Client agrees to pay legal costs, including attorney's fees, incurred by SCS in collecting any amount past due and owing on client's account. 5. For special situations, such as expert court testimony and limited consultation, hourly rates for principals of the firm will be on an individually-negotiated basis. EXHIBIT "A" Page 10 of 10 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1 1 Rev 09/19 Exhibit C Page 1 of 2 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 Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 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 2 Rev 09/19 Exhibit C Page 2 of 2 from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2.Agreement - The document executed between Owner and Contractor covering the Work. 3.Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4.Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5.Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6.Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7.Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8.Bidder - An individual or entity that submits a Bid to Owner. 9.Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10.Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11.Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12.Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13.Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a.Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner’s Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” or “provide.” F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer’s findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. ARTICLE 6 – BONDS AND INSURANCE ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ARTICLE 8 – OTHER WORK AT THE SITE ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer’s authority related to Modifications is described in Article 11. D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel - Not Required.” No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer’s notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 37 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Cefe Valenzuela Gas Collection Control System (Cells 1B, 1C &3C) LOCATION MAP NOT TO SCALE Project Location Project Number: 19077A N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Cefe Valenzuela Gas Collection Control System (Cells 1B, 1C & 3C) VICINITY MAP NOT TO SCALE Project Number: 19077A Cefe Valenzuela Landfill County Rd. 20 County Rd. 57County Rd. 59County Rd. 61Cell 3C Cell 1C Cell 1B AGENDA MEMORANDUM Action Item for the City Council Meeting of October 29, 2019 DATE:October 3, 2019 TO:Peter Zanoni, City Manager FROM:Alma I. Casas, Interim Director of Finance and Business Analysis almac@cctexas.com (361) 826-3610 CAPTION: Motion approving the 2019 Property Tax Levy of $135,974,569.95 based on the adopted property tax rate of $0.646264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. SUMMARY: Approval of the certified tax levy by the governing body is required by the Texas Tax Code and is the last step in complying with the “Truth-in-Taxation” guidelines as it relates to the adoption of a property tax rate and the assessment of property taxes. BACKGROUND AND FINDINGS: The Texas Tax Code establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the tax assessor to submit the unit’s tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for the fiscal year (FY), which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2019 that is based upon a property tax rate of $0.646264 per $100 valuation and a taxable value of $21,860,495,097 is as follows: Tax Levy Component $93,301,904.70Supporting the City’s maintenance and operations ($0.426806) 47,974,605.33Supporting the City’s debt service ($0.219458) $141,276,510.03 138,486.78Add: Net Late Rendition Penalty – Personal Property Accounts (5,440,426.86) Less: Over-65/Disabled Homestead Frozen Levy Loss $135,974,569.952019 Ad Valorem Tax Levy Additional revenue for a late rendition penalty on personal property accounts is considered in the computation of the tax levy. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a Approval of 2019 Tax Levy fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual’s tax bill. Additionally, the over-65/disabled homestead tax freeze is an important factor in the computation of the tax levy. Fiscal year 2019-2020 reflects the effect of the fifteenth year of implementation of the over-65/disabled homestead tax freeze. The loss of tax levy due to the tax freeze as compared to prior years is reflected in the following table: FY 2019-2020 5,440,426.86$ 11.34% FY 2018-2019 4,886,473.27$ 11.22% FY 2017-2018 4,393,399.99$ 11.52% FY 2016-2017 3,939,600.86$ 20.65% FY 2015-2016 3,265,194.37$ 45.36% FY 2014-2015 2,246,329.44$ 42.19% FY 2013-2014 1,579,763.73$ 28.89% FY 2012-2013 1,225,650.00$ -18.74% FY 2011-2012 1,508,251.05$ -9.31% FY 2010-2011 1,663,133.81$ -4.46% FY 2009-2010 1,740,803.00$ 16.01% FY 2008-2009 1,500,521.56$ 23.99% FY 2007-2008 1,210,235.01$ 86.00% FY 2006-2007 650,650.57$ 64.02% FY 2005-2006 396,701.13$ Fiscal Year Levy Loss Change from Prior Year It should also be noted that property taxes budgeted in the FY 2019-2020 budget were based on the net appraised property values certified by the Nueces County Appraisal District of $21,859,552,987 – made up of 100% of the values of the properties not under protest and 85% of the values of the properties under protest. The total taxable values certified by the Nueces County Tax Office of $21,860,495,097 include 100% of the values of the properties not under protest and 100% (versus 85%) of the properties under protest. This accounts for the $942,110 increase in assessed values certified by the Nueces County Tax Office. In the FY 2019-2020 budget adopted by the City Council on September 17, 2019, the total property tax levy budgeted in all funds (General Fund, Debt Service Fund, Reinvestment Zone #2, and Reinvestment Zone #3) was $133,655,687. When comparing this figure to the certified ad valorem tax levy of $135,974,570, the collection rate certified for the year must be considered. The collection rate certified by the Nueces County Tax Office for FY 2019-2020 is 100%, but a more conservative collection rate of 97.5% was used in the calculation of property tax revenue in the City’s operating budget. By applying a 97.5% collection rate to the certified levy, the resulting “net” levy is calculated to be $132,575,206 – which is $1,080,481 less than the total ad valorem tax revenue adopted in the FY 2019-2020 budget of $133,655,687, a difference of less than .81%. Therefore, no budgetary adjustments for the FY 2019-2020 ad valorem tax revenue are needed at this time. ALTERNATIVES: This item is the final step in the process for compliance to the “Truth-in-Taxation” guidelines required by the Texas Tax Code. FISCAL IMPACT: The fiscal impact of this motion will generate revenues of approximately $77,924,963 for the general fund; $44,211,456 for the debt service fund; $2,713,707 for the Tax Increment Reinvestment Zone No. 2; $747,262 for the Tax Increment Reinvestment Zone No. 3; and $8,058,299 for the streets fund. COMMENTS: The revenue reflected above represents the property tax revenue that was included in the FY 2019-2020 adopted budget and varies from the amount listed in the motion language due to the reasons listed on the previous page. No budget amendment is needed at this time. RECOMMENDATION: Staff recommends approval of the motion approving the 2019 Property Tax Levy of $135,974,569.95 based on the adopted property tax rate of $0.646264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code.. LIST OF SUPPORTING DOCUMENTS: Tax Levy for the Tax Year 2019 DATE: September 26, 2019 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com CAPTION: Resolution nominating Valero Refining – Texas, L.P. to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as a single enterprise project pursuant to the Texas Enterprise Zone Act to encourage and to allow a rebate of State sales tax. SUMMARY: This resolution is to nominate Valero Refinery for a single enterprise designation for the Texas Enterprise Zone incentive. BACKGROUND AND FINDINGS: Under State Law, the Office of the Governor – Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas Enterprise Zone. Nominating Valero Refining – Texas, L.P. as a Single Enterprise Project AGENDA MEMORANDUM Action Item for the City Council Meeting October 29, 2019 A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree to hire at least 35 percent of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of $2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. State Law allows each participating community with a population less than 250,000 to nominate up to six projects per biennium and communities with a population more than 250,000 to nominate up to nine projects per biennium. Since City of Corpus Christi’s population exceeds the 250,000 threshold, up to nine projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. Thus far, the City has nominated one business for this biennium. This nomination will use two of the City’s eight remaining nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including the Valero, Bay Ltd, CITGO, Stripes, and Flint Hills Resources. To date, the designated enterprise zone projects have resulted in at least $2 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. Valero currently owns and operates an integrated refinery in Corpus Christi, known as the Bill Greehey Complex, which is actually two plants. The West Plant is considered one of the most complex refineries in the world and specializes in the production of environmentally clean fuels and products, primarily RFG and ultra-low-sulfur diesel. The East Plant, located less than a mile from the West Plant, is capable of processing heavy, high-sulfur crude oil into light products, asphalt and petroleum coke. Combined, the East and West plant facilities have a total feedstock throughput capacity of about 325,000 BPD. Valero estimates that over the next five years, it will make capital expenditures of approximately $150 million to upgrade and repair its Corpus Christi refinery complex. Planned investment projects include firewater system upgrades at the East and West plants, major tank repairs and replacements, plant-wide HVAC system upgrades, and a new boiler project at the West Plant. These investments, among others, will increase efficiency and allow Valero to maintain the refinery’s current throughput capacity and uphold its targeted market position. Additionally, Valero expects to maintain the existing level of employment at its Corpus Christi refinery complex. This capital investment and retention of jobs represent the basis for this single enterprise project nomination. ALTERNATIVES: Due to State statute no other entity can be the nominating authority. The City can choose not to nominate the company. FISCAL IMPACT: This incentive is a rebate of the State’s portion of the sales tax and does not affect the City in anyway. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Resolution to nominate Valero Refining – Texas, L.P. as a single Enterprise Project, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution TEZ Ordinance Page 1 of 3 Resolution nominating Valero Refining – Texas, L.P. to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as an enterprise project pursuant to the Texas Enterprise Zone Act. WHEREAS, the City of Corpus Christi ("City") has previously passed on August 29, 2014, Ordinance No. 030260 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this Resolution are the same on this date as were outlined in Ordinance No. 030260; WHEREAS, the Office of the Governor Economic Development and Tourism (“EDT”) through the Economic Development Bank (“Bank”) will consider Valero Refining – Texas, L.P. (“Valero”) as an enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones, to other economically disadvantaged individuals and to veterans; WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act (“Act”), Valero has applied to the City for designation as an enterprise project; WHEREAS, the City finds that Valero meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1. Valero is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site located in an enterprise zone and at least twenty-five percent (25.0%) of the business' new permanent jobs will be residents of an enterprise zone, economically disadvantaged individuals or veterans; and 2. Valero is located in Census Tract 7, Block Group 1, as defined by the most recent federal decennial census available at the time of designation; and 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of Valero as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that Valero meets the criteria for tax relief and other incentives adopted by the City and nominates Valero for enterprise project status on the grounds that it will be located at a qualified business site and will create a higher level of employment, economic activity, and stability; and Page 2 of 3 WHEREAS, the City finds that it is in the best interest of the City to nominate Valero as an enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution taken at the council meeting on October 29, 2019, are hereby approved and adopted. SECTION 2. That Valero is a "qualified business" as defined in Section 2303.402 of the Act and meets the criteria for designation as a n enterprise project as set forth in Section 2303.402, Subchapter F of the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the EDT and terminate 5 years after the date of designation. ATTEST: THE CITY OF CORPUS CHRISTI _____________________________ ____________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 Corpus Christi, Texas _________ of ___________________, 2019 The above resolution was passed by the following vote: Joe McComb ______________ Roland Barrera ______________ Rudy Garza Jr. ______________ Paulette M. Guajardo ______________ Gil Hernandez ______________ Michael T. Hunter ______________ Ben Molina ______________ Everett Roy ______________ Greg Smith ______________ AGENDA MEMORANDUM Public Hearing & First Reading Ordinance City Council Meeting October 29, 2019 Second Reading Ordinance City Council Meeting November 12, 2019 DATE: October 21, 2019 TO: Peter Zanoni, City Manager FROM: Arlene Medrano, Business Liaison arlenem@cctexas.com 361-826-3356 CAPTION: Ordinance pertaining to North Beach designating a 1,423 acre area within the jurisdiction of the City of Corpus Christi Tax Increment Reinvestment Zone (TIRZ) Number 4; setting a maximum City financial participation of $20,000,000 via a scaled contribution for a period not to exceed 20 years; establishing a Board of Directors for the TIRZ; and, establishing a preliminary Project and Financing Plan. SUMMARY: Per Tax Code 311.011(e), this Ordinance and public hearing will designate the reinvestment zone for tax increment financing purposes and create the Board of Directors for the reinvestment zone. Staff has prepared a preliminary reinvestment zone project and financing plan, a copy of which is attached to and incorporated into this ordinance as Exhibit C. A joint workshop between the City Council and Nueces Commissioners Court is scheduled to be held on October 24, 2019. Staff will incorporate feedback from this workshop into the Preliminary Project and Financing Plans. Based on the feedback from Council during the Joint Workshop with the City Council and the Nueces County Commissioners on October 24, 2019 the following changes have been made to the Preliminary Project and Financing Plan for discussion: 1. Reduced Wayfinding from $3 Million to $1 Million 2. Adjusted 5% of North Beach Public Spaces Beautification Program from $735,556 to $587,681 3. Adjusted incentive level for Project Specific Development Agreement to provide different levels of incentives: a. The total reimbursement by the TIRZ #4 will not exceed 20% of the total project cost if a development is at least 20,000 square feet or creating 100 or more new residential units. b. The total reimbursement by the TIRZ #4 will not exceed 10% of the total project cost if a development is at least 5,000 square feet, but less than 20,000 square feet or creating at least 25, but less than 100, new residential units. Ordinance designating a Tax Increment Financing District to be known as Reinvestment Zone Number Four in the area of the City known as North Beach BACKGROUND AND FINDINGS: On April 9, 2019, Nueces County Commissioner Vaughn, as the Chairperson of the North Beach Task Force, provided a report to City Council which included a recommendation to create a tax increment reinvestment zone at North Beach. During this item, Councilman Roy made a motion, seconded by Councilman Garza directing the City Manager to move forward with the creation of a TIRZ at North Beach. • a description of the zone boundaries with sufficient detail to identify the territory within the zone; • a designation of the board of directors for the zone and an indication of the number o f directors of the board; • a provision that the zone will take effect immediately on passage of the ordinance; • an indication of the zone termination date; • a name for the zone as provided under Tax Code Section 311.004(a)(5); • a provision establishing a tax increment fund for the zone; • findings that the improvements within the zone will significantly enhance the value of the taxable property within the zone and will be of general benefit to the city or county; and • a finding that the area meets the criteria for designation of a reinvestment zone under Tax Code Section 311.005. The City would participate at 100% for the first 10 years and at 75% for the following 10 years. At no time will the City’s contributions exceed $20,000,000. The preliminary reinvestment zone financing plan provides that portions of the ad valorem taxes of the City constituting its tax increment are to be deposited into the Tax Increment Fund created by this ordinance, and that ad valorem taxes of the other taxing units constituting their respective tax increments may also be utilized for the purposes described in the preliminary financing plan in accordance with agreement from those other taxing entities to contribute said increment. See below: City’s Ad Valorem Increment Percentage Tax Year(s) 100% 2019 through 2028 75% 2029 through 2038 On July 10, 2019, the Nueces County Commissioners Court passed a Resolution supporting the City in its efforts to establish a TIRZ at North Beach. Based on conversations with the County, staff anticipates 100% participation by the County for the full length of the TIRZ. A draft Interlocal Agreement has been provided to the County and is currently under review in preparation of taking said agreement to the County Commissioner’s Court for consideration. Furthermore, Del Mar College staff are currently preparing a financial policy that will provide a road map for how the college responds to requests for TIRZ participation. This policy is expected to be presented to the Del Mar Board of Regents in October or November 2019. After adoption of a policy, Del Mar College Board and Executive Leadership will be prepared to accept a formal invitation to participate in the TIRZ #4. The North Beach area substantially arrests or impairs the sound growth of the City and has been found to be in state of deferred infrastructure. Tourism and convention business is of extreme importance to the Corpus Christi economy, and the area within the proposed district has tremendous, unrealized potential to support tourist and convention facilities as the area includes some of the biggest tourist attractions in Corpus Christi, including the Texas State Aquarium and the USS Lexington. It is essential that this presently under-developed area be fully developed to encourage tourism to continue in the area. In relation to the two other TIRZ’s in Corpus Christi, TIRZ 2 on the Island and TIRZ 3 Downtown, this proposed TIRZ 4 at North Beach has significantly less property value and has seen little to no development over the past decade. TIRZ 2 (estb. 2000) TIRZ 3 (estb. 2008) TIRZ 4 2019 Net Taxable Value 513,369,642 439,524,182 60,689,500 Estimated City Contribution for life of TIRZ $30,000,000 $12,000,000 $20,000,000 Contributions to the TIRZ will not redirect funding from today’s General Fund. Significant contributions to the TIRZ will only occur if increases to property values occur at North Beach which spurred by new development or enhancements to existing property. The zone is expected to be one of a variety of potential funding sources and programs that will be acting in concert to accomplish a transformed public environment in North Beach. By improving and maintaining public spaces with a high level of service, plus increasing density, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that North Beach will become a vibrant and economically vital urban waterfront district with a variety of tourist, entertainment, residential, retail, and lodging uses. Board Appointments: The Board members are appointed by the City Council of the City. All members appointed by the Board must meet eligibility requirements, as set forth in the Act. Provided, however, notwithstanding any other provision of this Ordinance, the City Council has the right to appoint at least 10 members of the Board, and the Board may exceed 15 members, if necessary for the City Council to make the 10 appointments. Staff recommends the following board composition: • 9 City Council Members • 1 - 2 Nueces County Representative(s) • 1 Community Member (Must be a resident within the TIRZ) • 1 Texas State Aquarium Appointee • 1 Lexington Appointee ALTERNATIVES: An alternative to designating North Beach a tax increment reinvestment zone would be to use a different economic development tool such as a Public Improvement District (PID) to increase levels of service in this area. FISCAL IMPACT: The fiscal impact of the recommended North Beach TIRZ would be as follows: • Total contributions of $20,000,000 of City’s ad valorem from the increment above the current base value; • Or 20 years of participation at 100% for the first 10 years and at 75% for the following 10 years, whichever comes first. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the ordinance pertaining to North Beach designating a 1,423 acre area within the jurisdiction of the City of Corpus Christi Tax Increment Reinvestment Zone (TIRZ) Number 4; setting a maximum City financial participation of $20,000,000 via a scaled contribution for a period not to exceed 20 years; establishing a Board of Directors for the TIRZ; and, establishing a preliminary Project and Financing Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Page 1 of 6 Ordinance pertaining to North Beach designating a 1,423 acre area within the jurisdiction of the City of Corpus Christi Tax Increment Reinvestment Zone (TIRZ) Number 4; setting a maximum City financial participation of $20,000,000 via a scaled contribution for a period not to exceed 20 years; establishing a Board of Directors for the TIRZ; and, establishing a preliminary Project and Financing Plan. WHEREAS, the Texas Legislature has authorized cities to establish reinvestment zones by its enactment of the Tax Increment Financing Act, Chapter 311, Texas Tax Code (”Act”); WHEREAS, it has been proposed that the City of Corpus Christi should establish a reinvestment zone (“Zone”), as authorized by the Act, within the area of the City as described by metes and bounds in Exhibit A, and depicted by map in Exhibit B, which exhibits are attached to and incorporated into this ordinance; WHEREAS, the City has prepared a preliminary reinvestment zone financing plan, a true and correct copy of which is attached to and incorporated into this ordinance as Exhibit C; WHEREAS, the preliminary reinvestment zone financing plan provides that portions of the ad valorem taxes of the City constituting its tax increment (as described in Section 8 of this ordinance) are to be deposited into the Tax Increment Fund created by this ordinance, and that ad valorem taxes of the other taxing units constituting their respective tax increments may also be utilized for the purposes described in the preliminary financing plan in accordance with agreement from those other taxing entities to contribute said increment; WHEREAS, in compliance with the Act, the City called a public hearing to hear public comment on the creation of the proposed zone and its benefits to the City and the property in the proposed zone; WHEREAS, in compliance with the Act, notice of the public hearing was published in the Corpus Christi Caller-Times, a daily newspaper having general circulation in the City, the publication date being not later than seven days prior to the date of the public hearing; WHEREAS, the hearing was convened at the time and place mentioned in the published notice, to-wit, on the 29th day of October, 2019, at the Regular Meeting of the City Council commencing at 11:30 a.m., at the City Hall of the City, which hearing was conducted and then closed; WHEREAS, the City, at the hearing, invited and permitted any interested person to speak for or against the creation of the zone, its boundaries, and the concept of tax increment financing; WHEREAS, all owners of property located within the proposed zone were given a reasonable opportunity to protest the inclusion of the property in the proposed zone; Page 2 of 6 WHEREAS, City Council considered all information provided to it relevant to the merits of creating the zone, consistent with the criteria in Chapter 311; and WHEREAS, all requirements of the Act have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this Ordinance are found and declared to be true and correct. SECTION 2. The City Council, after conducting the above-described public hearing and having heard all evidence and testimony, makes the following findings and determinations based on the evidence and testimony presented to it: (a) That the Zone is a contiguous geographic area located wholly within the corporate limits of the City. (b) That the area substantially arrests or impairs the sound growth of the City, retards the provision of multi-family housing accommodations, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition and use because of: (1) Unsafe conditions, including deteriorating streets and defective and inadequate sidewalks throughout the proposed zone, pose a threat to visitors, residents, and customers of businesses. The lack of appropriate curb cuts and ramps limit the mobility of persons with disabilities. (2) Non-existent, inadequately sized, or deteriorated utility infrastructure, including wastewater and fiber optics, substantially arrests or impairs the sound growth of the City and retards the development of multi-family housing and other business or visitor facilities. The existing utility infrastructure in its current condition constitutes an economic or social liability and is a hazard to the public health and welfare in the proposed zone. (3) The inadequate street layout, lack of adequate improved parking, and limited way-finding and other signage hampers movement of vehicles and pedestrians throughout the proposed zone. This problem will be exacerbated by the relocation of the Harbor Bridge in the coming years. While the new bridge provides additional potential for growth within the proposed zone, such potential may not be realized due to this problematic infrastructure. (4) Deteriorating public spaces with inadequate pedestrian scale lighting, limited irrigation systems and inadequate access to water lines for drinking fountains and hose bibs throughout the proposed zone limit the types of Page 3 of 6 landscaping and public amenities that can be installed within the proposed zone. (5) Lack of water and electrical meters in parks limits the activities within the available public spaces. (6) Unsafe conditions due to the lack of security cameras and other safety programs pose a threat to visitors and residents. (7) Inadequate drainage facilities substantially arrest or impair the sound growth of the City and retard the development of multi-family housing and other business or visitor facilities in the proposed zone, including potential hotel developments. (c) That tourism and convention business is of extreme importance to the Corpus Christi economy, and the area within the proposed district has tremendous, unrealized potential to support tourist and convention facilities as the area includes some of the biggest tourist attractions in Corpus Christi, including the Texas State Aquarium and the USS Lexington, and it is essential that this presently under-developed area be fully developed to encourage tourism to continue in the area. (d) That no more than 30 percent of the property in the proposed reinvestment zone, excluding property that is publicly owned, is used for residential purposes. (e) That the total appraised value of taxable real property in the proposed reinvestment zone and in existing reinvestment zones within the City according to the most recent appraisal rolls for the City, does not exceed 25 percent of the current total appraised value of taxable real property in the City and in the industrial districts created by the City. (f) That the improvements to be implemented in the proposed zone will significantly enhance the value of all taxable real property in the proposed zone and will be of general benefit to the City. SECTION 3. The City Council designates as a reinvestment zone the area described by the metes and bounds in Exhibit A and depicted by map in Exhibit B to promote development and redevelopment of the area, which development or redevelopment the City Council determines will not occur solely through private investment in the reasonably foreseeable future. The reinvestment zone shall be identified as “Reinvestment Zone Number Four, City of Corpus Christi, Texas” (“Zone” or “Reinvestment Zone”). SECTION 4. That a board of directors for the Zone (the “Board”) is established, which consists of up to 15 members. The Board shall be appointed as follows: (a) Under Section 311 .009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes within the Zone each may Page 4 of 6 appoint one member of the Board if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone. Each governing body may waive its right to appoint a director and is deemed to have waived the right if it has not made the appointment within 30 days of receiving written notice of its right to appoint. (b) The remaining members of the Board are appointed by the City Council of the City. All members appointed by the Board must meet eligibility requirements, as set forth in the Act. Provided, however, notwithstanding any other provision of this Ordinance, the City Council has the right to appoint at least 10 members of the Board, and the Board may exceed 15 members, if necessary for the City Council to make the 10 appointments. (b) Terms of Board members are two years. Terms must be staggered, with the first term of 8 City Council appointees being for one year. Officers must be appointed as provided in the Act. (c) The Board shall make recommendations to the City Council concerning the administration of the Zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone, and submit the plans to the City Council for its approval under Section 311.011, Texas Tax Code. (d) The City Council specifically authorizes the Board to approve agreements that the Board considers necessary or convenient to implement the project plan and reinvestment zone financing plan and achieve their purposes. Any amendments to the project plan and/or reinvestment zone financing plan must be approved by ordinance of City Council. SECTION 5. The Zone shall take effect immediately upon the passage of this Ordinance. Termination of the Zone occurs on December 31, 2039, or at an earlier or later time designated by subsequent ordinance of the City Council or at the time as all project costs, and all tax increment bonds and interest on any bonds, have been paid in full. SECTION 6. The Tax Increment Base for the Zone, which is the total appraised value of all taxable real property located in the Zone for the year in which the Zone is designated, is shown in Exhibit D, which is attached to and incorporated into this ordinance. SECTION 7. There is established a Tax Increment Fund for the Zone, which may be divided into the accounts and sub-accounts, as deemed necessary or convenient under generally accepted accounting principles for government, into which all tax increments, less any amounts not required to be paid into the Tax Increment Fund under the Act, are to be deposited. The Tax Increment Fund may be utilized only for purposes permitted by the Act and managed under the Act. SECTION 8. The amount of tax increment that the City contributes to the Tax Increment Fund for each year is described in the table below. If at any time, the total amount of Page 5 of 6 increment contributed to the Tax Increment Fund by the City reaches or exceeds $20 million, then the City shall immediately cease contributions of increment to the Tax Increment Fund. Increment Percentage Tax Year(s) 100% 2019 through 2028 75% 2029 through 2038 SECTION 9. The City Council finds that the creation of the Zone and the expenditure of moneys on deposit in the Tax Increment Fund, which are necessary or convenient to the creation of the Zone or to the implementation of the project plan for the Zone, constitute a program to promote local economic development and to stimulate business and commercial activity in the City. SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Page 6 of 6 PASSED AND APPROVED, this the _____ th day of ___________, ______. ATTEST: __________________________________ _____________________________ Rebecca Huerta Joe McComb City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, _____, by the following vote: 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 _______________, ________, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ Exhibit BSketch to Accompany PRELIMINARY PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN Tax Increment Reinvestment Zone #4 NORTH BEACH, CORPUS CHRISTI, TEXAS October 2019 Exhibit C TABLE OF CONTENTS TABLE OF CONTENTS ..................................................................................................... INTRODUCTION ............................................................................................................ 1 Criteria for Zone Creation 1 Vision for North Beach 2 Anticipated Zone Role in North Beach Improvements 2 PROJECT PLAN …………………………………………………………………………………………………………… 3 Existing Uses and Conditions / Boundaries §311.011(b)(1) 3 Exhibit A ‐ Zone Boundaries and Land Use 3 Exhibit B.1 ‐ Existing Land Use 4 Exhibit B.2 ‐ Existing Property Designation 5 Exhibit B.3 ‐ Existing City Limits, City Owned, Port Owned & Proposed TIRZ Parcels 6 Exhibit C ‐ Legal Description of the Zone 7 Municipal Ordinances §311.011(b)(2) 10 City Planned Improvements (Non‐Project Costs) §311.011(b)(3) 11 Relocation §311.011(b)(4) 12 REINVESTMENT ZONE FINANCING PLAN ....................................................................... 13 Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) 13 Economic Feasibility Study §311.011(c)(3) 16 Estimate of Bonded Indebtedness §311.011(c)(4) 16 Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) 16 Method of Financing and Sources of Revenue §311.011(c)(6) 16 Sources of Revenue 16 Current Appraised Value §311.011(c)(7) 19 Estimated Captured Appraised Value §311.011(c)(8) 19 Duration of the Zone §311.011(c)(9) 19 Appendices ................................................................................................................... 20 Appendix A – Economic Feasibility Study §311.011(c)(3) 1 | Page INTRODUCTION The City of Corpus Christi is proposing to create a Tax Increment Reinvestment Zone or TIRZ (hereafter referred to as the “Zone”) over a portion of the city that includes the city’s North Beach area along the Bayfront from the Rincon Channel at the north end, south to the USS Lexington, adjacent to the Texas State Aquarium, and west to the Port of Corpus Christi. Criteria for Zone Creation The area within the Zone qualifies for a TIRZ because it suffers from economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. Conditions meeting the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 for reinvestment zone designation include: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to the language of Chapter 311, these conditions must “substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use.” The existing conditions in the North Beach area of Corpus Christi hamper investment in residential, retail and hospitality‐related property improvements, as outlined in the portions of the Downtown Area Development Plan (DAPD) Residential Market Analysis relevant to North Beach, included in Appendix A. The conditions outlined above will not be overcome or corrected without significant intervention and assistance from the public sector, therefore satisfying the general criteria for creation of the Zone. 2 | Page Vision for North Beach Over 800,000 people visit the Texas State Aquarium and USS Lexington on North Beach each year. Each of those visitors drives through areas with frequent flooding and many blighted as well as vacant properties. Corpus Christi’s first impression to over 800,000 people each year is largely a pathway of deferred maintenance, disrepair, and unimproved properties on the way to the beautifully maintained and exciting Texas State Aquarium and USS Lexington. This is not the first impression of Corpus Christi we want nearly 1 million visitors each year taking back home. In recent years, the new Harbor Bridge construction has changed the entrance and exit ramps to and from North Beach. These changes will have an enormous impact on access to and from North Beach and its ability to remain the most visited location in all of the Coastal Bend area. The completion of the Harbor Bridge, and demolition of the old bridge, will spur new opportunities for North Beach revitalization. The proposed Zone can directly aid in the realization of this vision while addressing the deficiencies and challenges outlined above. Anticipated Zone Role in North Beach Improvements The DAPD Analysis of Residential Market Potential (attached as Appendix A) 2011 North Beach Development Plan and 2018 North Beach Redevelopment Area Specific Plan, included as Appendices to this document, indicate the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. Flooding, vacant properties, the aging of existing development, inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in North Beach. However, continued investment by the Texas State Aquarium, changes brought by the new Harbor Bridge, new multi‐family construction, new single‐family homes, and the City’s commitment to solving the stormwater flooding, infrastructure and public amenity improvements indicate that a reversal of fortune is possible. The primary functions of the zone will be to support: • Roads and wayfinding infrastructure • Parks and community center improvements • Public restroom improvements • Drainage improvements • Demolition of blighted structures • Parking Structure The zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a transformed public environment in North Beach. By improving and maintaining public spaces with a high level of service, plus increasing density through parking structure, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that North Beach will become a vibrant and economically vital urban waterfront district with a variety of tourist, entertainment, residential, retail, and lodging uses, sending a strong first impression to nearly 1 million annual visitors to Corpus Christi. 3 | Page PROJECT PLAN Existing Uses and Conditions / Boundaries §311.011(b)(1) The Zone includes approximately 435.3 acres wholly within the City of Corpus Christi. Its boundaries encompass all of the North Beach area east of the Port of Corpus Christi land, as shown in Exhibit A. A variety of land uses, shown in maps in Exhibit B and described generally below, are present within the proposed TIRZ. A legal description of the Zone is given in Exhibit C. The Texas State Aquarium and the USS Lexington, in the southern area of North Beach, draw more than 800,000 tourists and visitors annually, combined. Removing the Burleson exit leaves only one northbound exit from the new Harbor Bridge, impacting accessibility to these two heavily visited attractions. To the north, the zone transitions to an area of tourist retail, restaurants, hotels, vacant buildings and unimproved land. The beach runs along the eastern portion of the zone. Further north along the beach are multi‐story condominiums, city owned Surfside Park, a small number of single‐family homes, and a popular city park, Dolphin Park. If funding is determined to be appropriate and TIRZ and City Council choose to fund them, the off shore area allows for the potential inclusion of breakwater barriers. Central North Beach has a linear right of way, formerly a rail easement, owned by the City of Corpus Christi. Timon and Surfside Boulevards run along its edges, acting as a main thoroughfare through North Beach. This right of way is the location of a proposed drainage solution, a canal to mitigate extensive flooding that occurs with even light rain. This North Beach drainage solution will improve stormwater flow, thereby bringing public safety response times within an adequate range and allowing travel during rain events. Residents in the northwest portion of North Beach often experience difficulty making the turnaround at the north end of North Beach under the causeway due to flooding. The new Harbor Bridge, TxDOT and the Port of Corpus Christi border the zone to the west. Exhibit A ‐ Zone Boundaries 4 | Page Exhibit B.1: Existing Uses Throughout the Zone 5 | Page Exhibit B.2 Criteria for the Zone 6 | Page Exhibit B.3 Parcels 7 | Page Exhibit C ‐ Legal Description of the Zone 8 | Page 9 | Page 10 | Page Municipal Ordinances §311.011(b)(2) The City is not contemplating any specific changes to municipal ordinances as part of any projects to be undertaken by the Zone. 11 | Page City Planned Improvements (Non‐Project Costs) §311.011(b)(3) It is expected that the City, Nueces County, TxDOT, and other public agencies will participate in the rehabilitation of existing and development of new public facilities and infrastructure within the Zone. In addition, various nonprofit organizations, private citizens and developers may also consider efforts to remediate environmental and safety deficiencies on existing private properties. The City of Corpus Christi has identified about $11,882,989 million in projects planned for locations partly or wholly within the Zone intended to rehabilitate and improve existing public facilities and infrastructure. TIRZ funds may be used to assist these projects; however, the bulk of funding is anticipated to come from other sources. The table below lists some of these projects. Note: Amounts may not add perfectly due to rounding Current City Planned Improvements (Non‐Project Costs) Project Source Status Projected Cost Gas US 181 at Burleson Due to conflicts with the new bridge construction there will be 860 feet of 6” steel gas line replacement located in the Burleson St. and US181 intersection. Rev Bond Complete $557,788 Breakwater Ave.. at W Causeway Blvd. Due to conflicts with the new bridge construction there will be 425 feet of 2” steel gas line replacement located in the East Causeway Blvd. and Plum St. area. Rev Bond Complete $202,883 Streets North Beach Area Road Improvements & Area Beautification Includes pavement restoration to North Shoreline Boulevard, new wastewater and water lines on North Shoreline Boulevard, and cleaning existing stormwater and wastewater pipes and manholes on Breakwater Avenue and Coastal Avenue. Bond 2012 Streets Storm Water Wastewater Water Substantially Complete $801,500 North Beach Breakwater Plaza, North Shoreline Repair and Enhancement Includes new curb and gutter, sidewalks, ADA ramps, markings, signage, seating, on‐street parking enhancements and illumination improvements to North Shoreline Boulevard. Improvements also include a paved surface to Breakwater Plaza and cleaning existing stormwater pipes and manholes on North Shoreline Boulevard. Bond 2012 Substantially Complete $1,623,900 Beach Avenue (E. Causeway Blvd. to Dead End at Gulfbreeze Blvd.) Reconstruction of existing 2‐lane roadway with new pavement, curb & gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings and illumination. Includes bike mobility improvements per the adopted MPO bicycle mobility plan and approved in North Beach Area Plan. Bond 2018 In planning phase $1,000,000 N. Beach Area Primary Access (Beach & Timon/Surfside Intersection) Design and construction of a new curved access road from E. Causeway Blvd. onto Timon Blvd. with a new traffic circle at intersection of Timon/Surfside and Beach roads. Provides a new Bond 2018 In planning phase $1,250,000 12 | Page Relocation §311.011(b)(4) No relocation of existing residents is anticipated to be required as a result of the Zone’s projects. route for the single access road into North Beach from the new Harbor Bridge. Traffic circle connects Timon/Surfside and Beach and converts Beach Avenue to one‐way from Surfside to E. Causeway Blvd. New Traffic circle also allows development of new gateway feature for the entry into North Beach approved in the North Beach Area Plan. N. Beach Gulfspray Ave. Pedestrian/Bike Access (Beach Access to E. Causeway Blvd.) Pedestrian and bicycle infrastructure improvements to create a new train for improved access from Harbor Bridge and the beach approved in the North Beach Area Plan. Bond 2018 In planning phase $300,000 N. Beach Coastal Protection (Breakwater Barrier) Preliminary engineering and permitting with USACE, GLO, Port of Corpus Christi and other agencies for the design and construction of new breakwater barriers to mitigate beach erosion and coastal flooding as approved in the North Beach Area Plan. Bond 2018 In planning phase $250,000 Water US 181‐Beach Ave to Elm St Due to conflicts with the new bridge construction there will be 3000 feet of 12” waterline replacement, 600 feet of 16” waterline replacement and 800 feet of 6” waterline replacement to maintain water quality. The work is concentrated on the east side of US181 between Reef Ave. and Burleson St. Rev Bond 90% complete by TxDOT $3,715,322 Breakwater‐ W. Causeway Blvd Due to conflicts with the new bridge construction there will be 500 feet of 12” waterline replacement to maintain water quality. The work is located on Breakwater Ave. between Avenue F and East Causeway Blvd. Rev Bond 90% complete by TxDOT $1,021,191 Wastewater Due to conflicts with the new bridge construction there will be 500 feet of 4” wastewater force main replacement and abandonment of a total of 1000 feet of 6” and 8” gravity sewer main. This work is located west side of the existing US181 between Burleson St. and Avenue F. US 181 at Plum St. Rev Bond 90% complete by TxDOT $201,649 US 181 at E Walnut St Rev Bond 90% complete by TxDOT $446,815 Burleson St from US 181 SBFR to Seagull Rev Bond 90% complete by TxDOT $411,941 Parks and Recreation North Beach Historic Plaza Placement and installation of a series of historical panels in North Beach plaza currently being constructed as part of Bond 2012. Hotel Occupancy Tax Dec 2019 $100,000 Total $11,882,989 13 | Page REINVESTMENT ZONE FINANCING PLAN Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) The Zone is anticipated to engage in projects that will support the types of development and economic activity projected in the DAPD Residential Market Analysis (Appendix A) as well as contribute to the image and attractiveness of North Beach Corpus Christi on a local, regional, and national level. In addition, the Zone will pay the costs of Zone creation and ongoing administration. The following project cost estimates are derived from similar types of projects and should not be construed as definitive costs for the listed projects. PUBLIC IMPROVEMENTS, FACILITIES, AND INFRASTRUCTURE (not listed in priority order) 1. Wayfinding Infrastructure – $1,000,000 The Zone may participate in proposed construction of a gateway feature with wayfinding throughout North Beach. It may also build multi‐use paths to major tourists destinations. 2. Park Improvements – $4,000,000 The Zone may contribute to enhancements to Dolphin Park, Surfside Park, and Kiwanis and construct a North Beach birding park (Eco Park). 3. Demolition of Blighted Structures – $2,000,000 Many older vacant or underutilized buildings within the Zone are not economically feasible to reuse because they contain environmentally undesirable or unsafe elements that present a public safety hazard. The Zone may provide assistance to property owners and developers who must remediate or demolish such structures in order to develop or redevelop. 4. Public Safety – $2,500,000 With the purpose of increasing safety and security within the Zone, the Zone will provide support for security cameras and associated costs. 5. North Beach Public Spaces Beautification & Revitalization Programs & Services ‐ $1,587,681 The Zone may contribute 5% of the total incremental ad valorem taxes collected per year in the Zone to beautification projects including the creation of or enhancements to common areas, roadway & median streetscapes, pedestrian landscapes, beach beautification, public fountains, wayfinding signage, lighting, public facilities and any services relating to such program. 6. North Beach Parking Structure Initiative– $10,000,000 14 | Page With the purpose of increasing density and maximizing land availability on North Beach, the Zone will provide support for parking structure(s) in key location(s) where parking is undersupplied or inadequately distributed. In order to encourage the building of public access off street and concealed parking infrastructure ahead of the economic growth generated by New Developments, the Zone will establish a grant that will provide up to a $25,000 per built parking space reimbursement for any New Developments containing a concealed or enclosed parking structure comprising at least 20 parking spaces, with at least 22% of such spaces, on property, accessible to the public. The maximum value of this grant will be $10,000,000. The incentive will consist of up to to ninety‐five (95) percent of the cumulative, incremental ad valorem taxes generated by all new projects on North Beach at least 75% commonly owned by applicant(s) and served by the parking structure. Reimbursements will be paid to recipients annually until the total incentive amount is met or up to the end date of the tax increment collection. 7. Project Specific Development Agreement‐ pending available funding In situations where higher development costs create a financing gap, TIRZ #4 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net new tax increment on new developments. A pro‐forma is required to qualify for up to 75% reimbursement of the new taxes for 10 years. • The total reimbursement by the TIRZ #4 will not exceed 20% of the total project cost if a development is at least 20,000 square feet or creating 100 or more new residential units. • The total reimbursement by the TIRZ #4 will not exceed 10% of the total project cost if a development is at least 5,000 square feet, but less than 20,000 square feet or creating at least 25, but less than 100, new residential units. If further gap exists, staff will undertake additional third‐party review to justify any additional reimbursement up to 95% of the qualifying tax increment, based on the “but, for” principle. The qualifying cost elements for this Program include: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking, including availability for public parking • Urban Design/Landscaping • Public Improvements/Utilities 8. North Beach Property Improvement Program – $4,000,000 This grant will support and encourage private investment in the existing structures and facilities already built on North Beach. The Zone will match approved property improvements funded by the property owners. The Zone will consider a match of 50/50 (Property Owner / Zone), depending upon the extent to which the scope of the project meets the priorities of the Zone. The maximum amount of Grants to be paid to property owners under this program will be $200,000 annually. 9. North Beach Living Initiative– $4,000,000 In order to stimulate the development of North Beach and quickly build residential density in the area, the Zone will establish a grant that will provide a $10,000 per unit reimbursement for multi‐family developments of over 10 units. 15 | Page Any applicant awarded a grant must obtain a Building Permit for the entirety of such project(s) within six (6) months of award of such grant. If a Building Permit is not obtained within the six‐month time period, then the grant will be forfeited. 10. Residential Streets‐ $796,963 In November 2016, the voters approved a Charter Revision to Article VIII. Taxation and Bonds, Section 1. Taxation of the City’s Charter which authorized the City Council to levy, assess and collect a property tax not to exceed six cents per $100 valuation for residential street reconstruction to be gradually implemented at a rate not to exceed two cents per $100 valuation per year (ie. 2+2+2 = 6 cents). The City Council exercised that authority in FY 2018 and in FY 2019. The additional four cents must be used for residential streets as approved by the residents of Corpus Christi on November 8, 2016. City Charter Art. VIII, Sec. 1(c): (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. ADMINISTRATIVE COSTS 11. Creation – $250,000 The Zone may reimburse the City for expenses related to the costs of creating the Zone. 12. Administration – $2,000,000 Zone funds may pay for the City’s costs of ongoing administration of the Zone, including but not limited to accounting, legal services, document production and maintenance, and other administrative costs. These costs are estimated at $100,000 per year for the 20‐year life of the Zone. The Project Costs are estimated as follows: Public improvements, facilities, and infrastructure $30,134,644 Administrative costs $2,000,000 TOTAL $ 32,134,644 16 | Page Economic Feasibility Study §311.011(c)(3) Several market and economic feasibility studies for the Zone have been completed. The MJB Consulting “Retail Market Analysis and Strategy” and the Zimmerman/Volk Associates “Office, Retail, and Hotel Market Assessment” are provided under separate cover. In addition, a feasibility analysis by Landmark Renewal was completed in August 2019, which is also included in Appendix A to this Plan. Estimate of Bonded Indebtedness §311.011(c)(4) It is not initially anticipated that the Zone will issue bonded debt; instead the Zone’s projects will be funded on a pay‐as‐you‐go basis or utilize other financing methods. However, if the annual Zone revenue and available non‐bonded debt financing are insufficient to address the needs of the Zone, the Zone may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) Costs will be incurred over the life of the Zone based on its Board of Directors’ identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay‐as‐you‐ go project expenditure approach or a bonded debt issuance. Method of Financing and Sources of Revenue §311.011(c)(6) Methods of financing. The Zone will initially take a pay‐as‐you‐go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from the Zone’s property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of revenue. The primary source of revenue for the Zone will be funds from the contributed property tax collections of the City of Corpus Christi and Nueces County on the taxable property value increment within the Zone. It is currently projected that the County will agree to participate in funding 17 | Page the Zone with 100% of the incremental property taxes collected over the life of the Zone and that the City will participate in the funding of the Zone based on the table below. If the City reaches or exceeds $25 million, then the City shall cease contributions to the increment. TABLE‐ TIRZ Contributions Taxing Entity Maximum Dollar Contribution Increment Percentage Tax Year(s) City of Corpus Christi $20,000,000 100% 2019 through 2028 75% 2029 through 2038 Nueces County None 100% 2019 through 2038 The assessed value base year for the City of Corpus Christi is 2019; the base year for Nueces County is also projected to be 2019. Based upon 2018 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to the Zone is as follows: Certified Appraised Values Base value is from 2019 (January 1, 2019) taxable appraised value. Values in future years are based on current development projections. 18 | Page Net Taxable Values from the Certified Roll 2019 (*with estimated development) According to these projections, 63% of the tax increment revenues will come from the City of Corpus Christi and 37% will come from Nueces County. Revenue estimates will be monitored and adjusted annually. The 2019 tax rate applicable to the reinvestment zone is $0.957852 (or approximately $0.96) per $100 of assessed valuation, broken down as follows: City of Corpus Christi 0.646264 Nueces County 0.311588 Total 0.957852 Applying the 2019 tax rate of $0.957852 per $100 assessed valuation to the 2019 total certified roll taxable value of properties within the zone, property taxes of $581,316 are generated. This amount produced from the tax increment base (or the “frozen base”) will continue to be allocated and paid to the taxing entities levying taxes in the zone area, based on their respective tax rates. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and 3% Fiscal Year Tax Year Values City County Total City Scaled County County 100% City Scaled FY 20 2019 60,689,500 392,214 189,101 581,316 FY 21 2020 62,510,185 403,981 194,774 598,755 11,766 5,673 17,439 FY 22 2021 64,385,491 416,100 200,617 616,718 23,886 11,516 35,402 FY 23 2022* 140,317,055 906,819 437,211 1,344,030 514,604 248,110 762,714 FY 24 2023 144,526,567 934,023 450,327 1,384,351 541,809 261,226 803,035 FY 25 2024* 187,362,364 1,210,856 583,799 1,794,654 818,641 394,697 1,213,339 FY 26 2025 200,708,235 1,297,105 625,383 1,922,488 904,891 436,282 1,341,172 FY 27 2026 214,686,232 1,387,440 668,937 2,056,376 995,225 479,835 1,475,061 FY 28 2027 229,322,271 1,482,027 714,541 2,196,568 1,089,813 525,439 1,615,252 FY 29 2028 244,643,256 1,581,041 762,279 2,343,320 1,188,827 573,178 1,762,005 FY 30 2029 260,677,109 1,684,662 812,239 2,496,901 969,336 623,137 1,592,473 FY 31 2030 277,452,814 1,793,078 864,510 2,657,587 1,050,647 675,408 1,726,056 FY 32 2031 295,000,453 1,906,482 919,186 2,825,668 1,135,701 730,085 1,865,785 FY 33 2032 313,351,242 2,025,076 976,365 3,001,441 1,224,646 787,264 2,011,910 FY 34 2033 332,537,578 2,149,071 1,036,147 3,185,218 1,317,642 847,046 2,164,688 FY 35 2034 352,593,078 2,278,682 1,098,638 3,377,320 1,414,851 909,537 2,324,387 FY 36 2035 373,552,625 2,414,136 1,163,945 3,578,081 1,516,441 974,844 2,491,285 FY 37 2036 395,452,410 2,555,667 1,232,182 3,787,849 1,622,589 1,043,081 2,665,670 FY 38 2037 418,329,985 2,703,516 1,303,466 4,006,982 1,733,476 1,114,365 2,847,841 FY 39 2038 442,224,308 2,857,936 1,377,918 4,235,854 1,849,292 1,188,817 3,038,108 32,379,912 15,611,564 47,991,477 19,924,084 11,829,540 31,753,624 TOTALS Year Tax Revenue Tax Increment Total 19 | Page • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Current Appraised Value §311.011(c)(7) According to the Nueces County Appraisal District, the 2019 certified roll total assessed value for the Zone as of July 26, 2019 is $64,724,132. Due to differences in policies regarding exemptions and tax abatements, the net taxable values differ among the two jurisdictions. According to the Nueces County Appraisal District, the 2019 certified roll net taxable value for the Zone as of July 26, 2019 is $60,689,500 for the City of Corpus Christi and $59,657,026 for Nueces County. Estimated Captured Appraised Value §311.011(c)(8) The table above provides the projected schedule of taxable value increment captured by the Zone over its proposed 20‐year duration. There is a column shown for each entity. Captured value projections assume a 3.0% annual value appreciation rate for existing development. In year 2022, the development currently underway on North Beach, LaVista Pointe Apartments, will be complete with an estimated future property value increase of $24 million. Additionally, there are other developments planned throughout the zone with a combined projected increase in value of $105 million. Based on calculations in the TIRZ # 4 Feasibility Analysis, beginning in 2024 and continuing throughout the remaining life of the Zone, 22 apartment units valued at $150,000 each and 12 condominium or townhome units valued at $300,000 each, are projected to be added to the tax rolls each year. The per unit amounts are adjusted for inflation at 3% per year. The tax increment is the amount of property taxes produced yearly during the term of the reinvestment zone on the captured appraised value. This value is the appraised value of taxable real property within the reinvestment zone which exceeds the tax increment base. The table above shows estimated TIRZ revenues over the 20 life of the zone to be as follows: City of Corpus Christi: $19,924,084 Nueces County: $11,829,540 Total $31,753,624 Duration of the Zone §311.011(c)(9) The proposed duration of the Zone is twenty years from the time of its creation. Assuming creation in 2019, the Zone would expire after 2038. City Council may, by ordinance, extend the length of the TIRZ to allow additional time to expend funds. Nueces County As of Certification2019 CERTIFIED TOTALS C03 - CITY OF CORPUS CHRISTI Grand TotalsProperty Count: 410 4:15:57PM7/23/2019 Land Value Homesite:5,421,499 Non Homesite:24,992,584 Ag Market:0 Timber Market:30,414,083Total Land (+)0 Improvement Value Homesite:14,591,818 Non Homesite:19,942,128 Total Improvements (+)34,533,946 Non Real ValueCount Personal Property:0 0 Mineral Property:0 0 Autos:0 0 Total Non Real (+)0 Market Value =64,948,029 ExemptAgNon Exempt 0 0Total Productivity Market: Ag Use:0 0 0(-)Productivity Loss Timber Use:0 0 =Appraised Value 64,948,029 Productivity Loss:00 223,897(-)Homestead Cap =Assessed Value 64,724,132 (-)Total Exemptions Amount (Breakdown on Next Page) 4,034,632 =Net Taxable 60,689,500 Freeze Assessed Taxable Actual Tax Ceiling Count 68,783 0 0.00 0.00 2DP 3,328,046 2,318,209 12,781.56 14,519.92 14OV65 Total 3,396,829 2,318,209 14,519.92 Freeze Taxable (-)12,781.56 16 2,318,209 Tax Rate 0.626264 =58,371,291Freeze Adjusted Taxable APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE * (TAX RATE / 100)) + ACTUAL TAX 378,339.94 = 58,371,291 * (0.626264 / 100) + 12,781.56 Tax Increment Finance Value:0 Tax Increment Finance Levy:0.00 Page 1 of 5C03/595028 True Automation, Inc. Exhibit D DATE:October 3, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, Director, Development Services AlRaymond@cctexas.com (361) 826-3575 CAPTION: Ordinance closing, abandoning and vacating a 16,500 square foot portion of 6th Street, a portion of public street lying between Buford Avenue and Hancock Avenue, conditioned upon payment of $28,000 for fair market value of the improved street and execution of an agreement to relocate stormwater infrastructure. (District 1) SUMMARY: The purpose of this ordinance is to close, abandon and vacate a 16,500 square foot portion of a 60-foot-wide public street adjoining Block 5, Bay Terrace, recorded in Volume A, Page 23, Deed and Map Records of Nueces County, Texas, and requiring petitioner, Fish Pond Development, LLC, to comply with specified conditions.The purpose of the street closure is to allow the applicant who owns the properties on both sides of the street to build a Section 8 Senior living apartment complex. BACKGROUND AND FINDINGS: Fish Pond Development, LLC is requesting the closure, vacation, and abandonment of a 16,500 square foot portion of a 60-foot-wide public street adjoining Block 5, Bay Terrace, recorded in Volume A, Page 23, Deed and Map Records of Nueces County, Texas, identified as 6th Street located between Buford Avenue and Hancock Avenue. The applicant owns the properties on both sides of 6th street between Buford Avenue and Hancock Avenue and plans to build a Section 8 Senior living apartment complex with 112 one-bedroom apartment homes. The nearest RTA bus stop is at the intersection of Buford Avenue and Staples Street and vehicle traffic can travel around the closed street by utilizing 7 th Street to the west or Santa Fe Street to the east. All streets around 6th Street accommodate two way traffic and the projected traffic impact is expected to be less than 44 trips per hour, during peak travel hours, from the new apartment complex. 6 th Street is a local street and a rezoning of the property from RM-3 to a PUD district was recommended for approval by Planning Commission on September 18, 2019 and the PUD plat for the property is scheduled for Planning Commission on October 30, 2019. City Council will consider the zoning Street closure of 6th Street between Buford Avenue and Hancock Avenue AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for October 29, 2019 Second Reading Ordinance for November 12, 2019 case on November 19, 2019. The only effected public utility is a storm water drain that the applicant will relocate in a dedicated utility easement on the replatted property. The applicant is entering into a deferment agreement for the relocation of the storm water drain and that agreement is a condition of the street closure ordinance. Traffic engineering has no objections to the street closure. Public notice for the proposed street closure was sent via the U.S. Postal Service on October 17, 2019. ALTERNATIVES: Deny the request to close the street and have the developer redesign the planned Section 8 Senior living apartment complex so the street in question would remain opened for public use. This option may make the project cost prohibitive because the current project footprint calls for a single apartment building and associated parking lot that, if divided by a surface street, may increase the project’s construction costs due to redesigning the building plans and the added expense of additional building materials to support separate structures on two building locations. FISCAL IMPACT: Fish Pond Development, LLC contracted with Tasador, Inc, a real estate appraisal company, to appraise 6 th Street between Buford Avenue and Hancock Avenue and determine the fair market value of the property to be $28,000. The funds the City will receive as a result of the street closure will be deposited in to the Street Trust Fund per Sec. 49 -12 of the City Code. RECOMMENDATION: The closure of this section of 6th street will facilitate the building of a new affordable living complex for lower income senior citizens. The planned housing development project will give seniors an opportunity to increase their quality of life by having access to a safe and affordable apartment home. Staff fully supportsthe street closure and recommends City Council approve the applicant’s request. LIST OF SUPPORTING DOCUMENTS: Ordinance with exhibit Power Point Presentation Location map Ordinance closing, abandoning and vacating a 16,500 square foot portion of 6th Street, a portion of public street lying between Buford Avenue and Hancock Avenue, conditioned upon payment of $28,000 for fair market value of the improved street and execution of an agreement to relocate stormwater infrastructure WHEREAS, Fish Pond Development, LLC (Owner of adjacent lots) is requesting the closure, abandonment and vacation of a portion of Public Improved Street, 6th Street, located between Buford Avenue and Hancock Avenue; WHEREAS, Owner is seeking to plat adjacent lots without inclusion of street section for the development of senior living facility income-based apartments; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, October 29,2019, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, abandon and vacate a 16,500 square foot portion of public street, 6th Street, lying between Buford Avenue and Hancock Avenue; subject to compliance with specified condition, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Fish Pond Development, LLC, (Owner of adjacent properties), the 16,500 square foot portion of 6th Street, a portion of public street lying between Buford Avenue and Hancock Avenue, as recorded in Volume A, Page 23, Map Records of Nueces County, Texas, more particularly described by Exhibit “A,” which is a metes and bounds description and field notes, and Exhibit “B”, which is the graphical representation of the legal description, is closed, abandoned, and vacated by the City of Corpus Christi (“City”), subject to the Owners’ compliance with the conditions specified in Section 2 of this ordinance. Exhibit “A,” which is a metes and bounds description and field notes, “Exhibit B”, which is the graphical representation of the legal 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 closing, abandonment and vacation of a section of the improved street described in Section 1 of this ordinance is expressly conditioned upon the Owners’ compliance with the following requirements: a.Payment to the City of $28,000 for the fair market value of the improved street pursuant to Corpus Christi Code 49-12. b.Execution of a Deferment Agreement with the City of Corpus Christi to relocate stormwater infrastructure within the public right of way to be abandoned and the posting of fiscal security to ensure relocation of said stormwater infrastructure. c.Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owners’ expense in the real property 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. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void. d. Failure to comply with all the conditions outlined in this Ordinance 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 City Council Presentation October 29, 2019 Street Closure of 6th Street, between Buford Avenue and Hancock Avenue Vicinity Map N6thStreet (section to be closed) Aerial Overview N Yin Investment, LLC. A 7thStProposed street closure area7thSt Staff Recommendation Approval Fish Pond at Corpus Christi Notices Mail Area DATE: October 21, 2019 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services Department alraymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0719-02 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. SUMMARY: The purpose of the zoning request is to allow for the construction of a denser single-family neighborhood. BACKGROUND AND FINDINGS: On October 1, 2019, City Council considered the rezoning to “RS-6” Single-Family 6 District. The result was no action by City Council. On October 15, 2019, City Council requested reconsideration of the zoning case as a result of the support by Flour Bluff Independent School District of the change in zoning from “RE” Residential Estate District to “RS-15” Single-Family 15 District. The proposed “RS-15” District allows up to 2.9 dwelling units per acre. The minimum lot size is 15,000 square feet. The subject property is 15.96 acres in size. The owner is proposing to construct single-family homes. The existing “RE” Residential Estate District allows single family homes at one dwelling unit per acre. The proposed “RS-6” Single-Family 6 District allows up to 7 dwelling units per acre. The minimum lot size is 6,000 square feet. On March 20, 2019, the Planning Commission recommended denial of the applicant’s request to rezone the property from the “RE” Residential Estate District to the “RM-2” Multifamily 2 District to allow for the construction of an apartment complex. However, the City Council failed to reach consensus concerning the rezoning to the “RM-2” District. The result was no action by the City Council. In the event the City Council fails to act within six months, such proposed Zoning Map amendment is deemed denied. Per UDC 3.3.6.B, if the applicant withdraws the application after Rezoning property at or near 2110 Laguna Shores Road AGENDA MEMORANDUM First Reading Ordinance for October 29, 2019 Second Reading Ordinance for November 12, 2019 Planning Commission has held a public hearing and made a recommendation on the application, no further application for rezoning the same district may be submitted for 12 months from the date of the recommendation. The applicant has withdrawn the application for “RM-2” and submitted a new application to rezone the property from “RE” Residential Estate District to the “RS-6” Single- family 6 District to allow for the construction of Single-Family homes. 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 “RS-6” Single- Family 6 District is inconsistent with the adopted Comprehensive Plan (Plan CC) and warrants a Future Land Use Map amendment. Public Input Process Number of Notices Mailed 58 within 200-foot notification area 5 outside notification area As of September 24, 2019: In Favor 3 inside notification area 0 outside notification area In Opposition 22 inside notification area 0 outside notification area Totaling 59.75% of the land within the 200-foot notification area in opposition. Due to the opposition exceeding 20%, the rezoning case is considered controversial. Therefore, three quarters of City Council members must vote in approval to approve the change of zoning. Commission Recommendation Planning Commission recommended approval the change of zoning from the “RE” Residential Estate District to the “RS-6” Single Family 6 District on July 10, 2019. ALTERNATIVES: 1. Deny the zoning request which will still allow the construction of a single-family neighborhood at current density limitations. 2. Approval of another residential zoning district within the range of the request (“RS-22”, “RS-15”, and “RS-10”). FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RE” Residential Estate District to the “RS-6” Single Family 6 District with following vote count. Please note, due to the opposition exceeding 20%, the rezoning case is considered controversial. Therefore, three quarters of City Council members must vote in approval to approve the change of zoning. Vote Count: For: 5 Opposed: 0 Absent: 3 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Letter from Flour Bluff ISD Zoning Case No. 0719-02 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, July 10, 2019, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the “RE” Residential Estate District to the “RS-6” Single Family 6 District and on Tuesday, October 1, 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. Page 2 of 6 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\0719-02 B&A Terra Firma Development, LLC\Council Documents\Ordinance_0719-02 B&A Terra Firma Development, LLC.docx Page 3 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 4 of 6 Exhibit A Page 5 of 6 Page 6 of 6 Exhibit B FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT 2505 Waldron Road Corpus Christi, Texas 78418 (361) 694-9205 •FAX (361) 694-9809 dfreeman@flourbluffschools.net David Freeman, Ed.D. Superintendent October 9, 2019 Peter Zanoni 1201 Leopard Street Corpus Christi, TX 78401 Mr. Zanoni, After reviewing the proceedings and outcome from the October 1, 2019 City Council meeting concerning Rezoning Case No. 0719-02, I would like to reiterate the school district’s position regarding the proposed development. While we welcome the development and fully support the rights of property owners, we oppose the RS-6 designation for a variety of reasons. Most notably, the density of an RS-6 development would intensify an already congested traffic pattern. Furthermore, the lack of sidewalks and bus turnaround areas could impact student safety. We have environmental concerns with an overly populated area and the probable negative impact on our outdoor education area. We believe the RS-15 designation would be more tolerable and advantageous for all parties. Please feel free to contact me should you need more information or clarifications. Respectfully, David Freeman, Ed. D. Superintendent Flour Bluff Independent School District STAFF REPORT Case No. 0719-02 INFOR No. 19ZN1005 Planning Commission Hearing Date: July 10, 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: “RS-6” Single-Family 6 Residential District Area: 15.96 acres Purpose of Request: To allow for the construction of Single-Family Development. 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 “RS-6” Single-Family 6 District is inconsistent with the adopted Comprehensive Plan (Plan CC) and warrants a Future Land Use Map amendment. 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 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Laguna Shores Road “P1” Parkway Collector 80’ ROW 40’ paved 70’ ROW 38’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RE” Residential Estate District to the “RS-6” Single-Family 6 District to allow for the construction of Single- Family homes. On March 20, 2019, the Planning Commission recommended denial of the applicant’s request to rezone the property from the “RE” Residential Estate District to the “RM-2” Multifamily 2 District to allow for the construction of an apartment complex. However, the City Council voted to deny the “RM-2” request which failed. The result of the item was no action by the City Council. In the event the City Council fails to act within six months, such proposed Zoning Map amendment is deemed denied. Per UDC 3.3.6.B, if the applicant withdraws the application after Planning Commission has held a public hearing and made a recommendation on the application, no further application for rezoning the same district may be submitted for 12 months from the date of the recommendation. The applicant has withdrawn the application for “RM-2 and submitted a new application to rezone the property from ”RE” Residential Estate District to the “RS-6” Single-family 6 District to allow for the construction of Single-Family homes. Development Plan: The subject property is 15.96 acres in size. The owner is proposing Single Family Homes. 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 and a pond zoned “CR-1” Resort Commercial District, “RM-1” Multifamily 1 District and “RS-6” Single- Family 6 District. Staff Report Page 3 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. The lift station on Jamaica Drive can accommodate the proposed development. Gas: 2-inch Service Line Storm Water: Road side drainage along Laguna Shores Road. 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 “RS-6” Single-Family 6 District is consistent with the general policies of 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) • 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). • Promote interconnected neighborhoods with appropriate transitions between lower- intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is “RS-6” Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning will not 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” Staff Report Page 4 Multifamily 1 District, and “IH” Heavy Industrial District. The associated project was a single-family residential subdivision that was never constructed. • The proposed single-family homes project is compatible 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 “RS-6” Single-family 6 District allows up to 7 lots per acre. Therefore, the maximum number of allowable lots per the size of the property will be 88 lots including 20% open space and infrastructure. However, the applicant is proposing a preliminary layout of the single- family lots to yield approximately 70 lots due to the configuration of the property. • 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 “C1” Minor Collector Street also has a pavement section of 40-feet. • Traffic should have convenient access to an arterial street that can accommodate the larger traffic demands. The Peak Hour Trips submitted by the applicant shows a total of 125.3 Peak A.M and P.M Trips. Laguna Shores Road, a 2 lane 40-foot wide roadway, should be able to absorb the increased traffic. • The only potential source of wastewater is to the northwest connecting though Jamaica Drive and an existing lift station. • Due to the adjacency to properties zoned “RS-6” Single-Family 6 District, a buffer yard will not 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). • The 18 parcels zoned “RS-6 north of the property, south of Lola Johnson range from 3,250 sq. ft to 16,247 square feet averaging 8,064 sq. ft. Planning Commission and Staff Recommendation: Approval of the change of zoning from the “RE” Residential Estate District to the “RS-6” Single-family 6 District. Public Notification Number of Notices Mailed – 58 within 200-foot notification area 5 outside notification area As of July 30, 2019: In Favor – 3 inside notification area – 0 outside notification area In Opposition – 22 inside notification area – 0 outside notification area Totaling 59.75% of the land within the 200-foot notification area in opposition. Staff Report Page 5 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0719-02 B&A Terra Firma Development, LLC\PC Documents\Staff Report_0719-02 B&A Terra Firma Development, LLC.docx Staff Report Page 6 Staff Report Page 7 Staff Report Page 8 Staff Report Page 9 Staff Report Page 10 Staff Report Page 11 Staff Report Page 12 Staff Report Page 13 Staff Report Page 14 Staff Report Page 15 Staff Report Page 16 Staff Report Page 17 Staff Report Page 18 Staff Report Page 19 Staff Report Page 20 Staff Report Page 21 Staff Report Page 22 Staff Report Page 23 Staff Report Page 24 Staff Report Page 25 Staff Report Page 26 City Council Presentation October 29, 2019 Zoning Case #0719-02 B&A Terra Firma Development, LLC. Rezoning for a Property at 2110 Laguna Shores Road From: “RE” To: “RS-6” 2 Aerial Overview Subject Property at 2110 Laguna Shores Road 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 RS-6 vs. RS-15 RS-6 RS-15 Min. Lot Area (sq. ft.)6,000 15,000 Min. Lot Width (ft.)50 50 Min. Street Yard (ft.)25 25 Min. Side Yard (ft.)5 5 Min. Open Space 30%30% Max. Height (ft.)35 35 Max. Density (du/ac)7.26 2.90 6 Planning Commission and Staff Recommendation Approval of the “RS-6” Single Family 6 Residential District 7 Public Notification 58 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 22 (59.75%) In Favor: 3 XX X X X X XX X X XX X OOOX XX X XX X X X 8 UDC Requirements Buffer Yards: RS to IH: Type E: 50’ and 50 points Setbacks: Street: 25 feet Side & Rear: 5 feet Parking: 2 spaces/unit Landscaping: 30% of street yard required Uses Allowed: Single-Family Homes, Educational facility, Places of Worship, Group Home (6 or fewer) 9 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. The lift station can accommodate the proposed development Gas:2-inch Service Line Storm Water:Road side drainage along Laguna Shores Road. DATE:September 27, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2604 CAPTION: Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of $175,175 for FY 2019 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $175,175 in Police Grants Fund with $80,917 of funds distributed to Nueces County and $13,340 of funds distributed to City of Robstown. The remaining funds of $80,918 will be used by the City for enhancement of law enforcement efforts. SUMMARY: The City has been awarded $175,175 from the U. S. Department of Justice, Bureau of Justice Assistance for FY 2019 Edward Byrne Memorial Justice Assistance Grant Program. As the fiscal agent for the grant, funds will will be distributed to Nueces County in the amount of $80,917 and $13,340 of the funds will be distributed to the City of Robstown. The remaining funds of $80,918 will be used by the City for enhancement of law enforcement efforts. The City must accept the award and appropriate the funds, then disburse the funds as outlined above. BACKGROUND AND FINDINGS: JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $5,607,137 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 Accepting and appropriating the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 29, 2019 Second Reading Ordinance for the City Council Meeting of November 12, 2019 compliance, automated ticket writers, and other police equipment. The Police Department, Nueces County, and City of Robstown proposes to reduce crime and improve public safety through the purchase of equipment and technology and the training of law enforcement officers and support personnel. ALTERNATIVES: The grant funds provide equipment, technology, and training for law enforcement officers. Without this grant, the funds will have to come from a different source to supply the same needs for the department. FINANCIAL IMPACT: The grant funds in the amount of $175,175 will be placed in the Police Grants fund. The amount of $80,917 will be distributed to Nueces County and $13,340 will be distributed to Robstown. The remaining $80,918 will be used by the City to enhance enforcement efforts.There is no match required by the City for this grant. Funding Detail: Fund:1061 - Police Grants Organization/Activity: 820827F, 820828F, & 820829F Mission Element:151 Project # (CIP Only): Account:520090 Minor tools & equipment 530000 Professional services RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds in the amount of $175,175 where $80,817 will be distributed to Nueces County and $13,340 will go to Robstown. The remaining $80,918 will be used for law enforcement efforts by the City. LIST OF SUPPORTING DOCUMENTS: Grant award letter Interlocal agreements with Nueces County and City of Robstown Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of $175,175 for FY 2019 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $175,175 in Police Grants Fund with $80,917 of funds distributed to Nueces County and $13,340 of funds distributed to City of Robstown. The remaining funds of $80,918 will be used by the City for enhancement of law enforcement efforts. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager of designee is authorized to execute all documents necessary to accept a grant from the U.S. Department of Justice, Bureau of Justice Assistance, in the amount of $175,175 for FY 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. SECTION 2.That $175,175 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement. Under the interlocal agreement, $80,917 of the funds are to be distributed to Nueces County and $13,340 of the funds are to be distributed to the City of Robstown. 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 L. Huerta Joe McComb City Secretary Mayor U.S. Department of Justice Office of Justice Programs Washington, D.C. 20531Office of the Assistant Attorney General September 26, 2019 Chief Mike Markle City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 Dear Chief Markle: On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $175,175 for City of Corpus Christi. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Wendy Y. Rose, Program Manager at (202) 514-7842; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Enclosures Katharine T. Sullivan Principal Deputy Assistant Attorney General U.S. Department of Justice Office of Justice Programs September 26, 2019 Chief Mike Markle City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 Congratulations on your recent award! The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Dear Chief Markle: Sincerely, Michael L. Alston Director cc:Grant Manager Financial Analyst Washington, DC 20531 Office of Civil Rights Grant PAGE 1 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 0 $ 175,175 11. TOTAL AWARD $ 175,175 2a. GRANTEE IRS/VENDOR NO. 746000576 2b. GRANTEE DUNS NO. 069457786 3. PROJECT TITLE 2019 Edward Byrne Memorial Justice Assistance Grant 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY19(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a). 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Katharine T. Sullivan Principal Deputy Assistant Attorney General AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. FISCAL YEAR FUND CODE BUD. ACT.OFC. DIV. REG.SUB.POMS AMOUNT DJBX 80 00 00 175175 UDJUGT1578 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Mike Markle Chief of Police 4. AWARD NUMBER:2019-DJ-BX-0569 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Initial 09/26/2019 TO TO 10/01/2018 10/01/2018 09/30/2022 09/30/2022 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 29 AWARD CONTINUATION SHEET Grant PAGE 2 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as if personally executed by the authorized recipient official. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period - - may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2019 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2019 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 1. 2. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 3 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2017, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2017, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 3. 4. 5. 6. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 4 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 7. 8. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 5 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or 9. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 6 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E- Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 10. 11. 12. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 7 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 13. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 8 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. 14. 15. 16. 17. 18. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 9 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 19. 20. 21. 22. 23. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 10 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2019) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2019, are set out at https://ojp.gov/funding/Explore/FY19AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 24. 25. 26. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 11 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 27. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 12 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 28. 29. 30. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 13 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information-communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 31. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 14 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance 1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information-communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance" condition are incorporated by reference as though set forth here in full. 32. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 15 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information-communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information-communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information-communication restriction" has the meaning set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" condition are incorporated by reference as though set forth here in full. 33. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 16 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information-communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information-communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere … 8 U.S.C. 1373 and 1644; ongoing compliance" award condition. 4. Rules of Construction. The "Rules of Construction" set out in the "Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification" condition are incorporated by reference as though set forth here in full. 34. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 17 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law enforcement information" means law enforcement sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. 35. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 18 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any public disclosure of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information" award condition are incorporated by reference as though set forth here in full. 36. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 19 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- within the funded program or activity, no State or local government entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8 U.S.C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). (3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that— (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. 37. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 20 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government- contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. 38. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 21 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government- contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. C. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. 39. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 22 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: Notice of scheduled release SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a government-contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release" award condition are incorporated by reference as though set forth here in full. Requirement to collect certain information from subrecipients Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. 40. 41. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 23 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 42. 43. 44. 45. 46. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 24 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 47. 48. 49. 50. 51. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 25 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 52. 53. 54. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 26 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 55. 56. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 27 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 57. 58. 59. 60. 61. 62. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 28 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2018 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2018), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx. 63. 64. 65. 66. OJP FORM 4000/2 (REV. 4-88) 29 AWARD CONTINUATION SHEET Grant PAGE 29 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/26/2019PROJECT NUMBER 2019-DJ-BX-0569 SPECIAL CONDITIONS Withholding of funds: Budget narrative or information The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. Withholding of funds: Program narrative The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the program narrative for this award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. Withholding of funds: NIBRS set-aside in Disparate jurisdictions The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews and accepts, documentation of compliance with the required NIBRS 3 percent set-aside by the recipient and each disparate subrecipient, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. For each jurisdiction, including the recipient and disparate subrecipients, such documentation may be either (1) a budget that clearly documents that the jurisdiction has dedicated at least 3 percent of the total amount of their allocation to NIBRS compliance activities, or (2) documentation showing that the jurisdiction has been certified as NIBRS compliant. 67. 68. 69. OJP FORM 4000/2 (REV. 4-88) 29 Memorandum To: From: Subject: Washington, D.C. 20531 Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus Christi The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Official Grant File GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD 10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2019-DJ-BX-0569 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Grant This project is supported under FY19(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a). Pat Eldridge Management Services Director P.O. Box 9277 Corpus Christi, TX 78469-9016 (361) 886-2696 PAGE 11OF The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs. This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information Wendy Y. Rose (202) 514-7842 OJP FORM 4000/2 (REV. 4-88) 2019 Edward Byrne Memorial Justice Assistance Grant City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 TO:10/01/2018 09/30/2022FROM:TO:10/01/2018 09/30/2022FROM: 09/26/2019 $ 175,175 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM BJA FY 19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF DATE: October 29, 2019 TO: Peter Zanoni, City Manager FROM: Peter Collins, Interim Director of Information Technology PeterC@cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Ordinance approving the purchase of Harris Public Safety communication radios in an amount not to exceed $3,567,032.20 to be used by the Corpus Christi Police Department from Dailey and Wells Communications, Inc.; appropriating $1,189,010.73, from the unreserved fund balance of the General Fund initially budgeted in FY 2019 for this purpose but not encumbered; and amending the FY 2019-2020 operating budget to increase expenditures. SUMMARY: This ordinance is to approve the purchase with Dailey and Wells Communications, Inc. of San Antonio, Texas, for communication radios for Public Safety and Public Service communications. The purchase includes 770 handheld portable radios and 40 mobile radios that are installed in the vehicles. BACKGROUND AND FINDINGS: 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. It will be necessary to upgrade our radios to ensure availability of a reliable public safety radio system. Purchase of Communication Radios for Public Safety AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting October 29, 2019 Second Reading Ordinance for the City Council Meeting November 12, 2019 Public Safety Radio system is the most important system for Public Safety and Public Service communications. A functional radio system enables Public Safety to respond to emergencies as quick as possible. Public Safety emergencies can unfold quickly, and Public Safety must be prepared to respond to fires, floods, active shootings, accidents, family violence, medical and weather emergencies. A Public Safety Radio system also enables City departments to support public safety and perform their daily tasks in a timely manner. The EDACs/P25 equipment for this system falls under L3 Harris Corporation intellectual property rights and the proprietary protocols represent a patent, copyright or secret process. Therefore, these radios are only available from the manufacturer, L3 Harris Corporation. Dailey and Wells Communications, Inc. has a local service center which has serviced the Harris radios for over 30 years. Also, Dailey and Wells Communications, Inc. provided a 26% discount on the radio upgrades. ALTERNATIVES: An alternative would be not to upgrade the communication radios; however, a public safety radio system is a life line for all first responders and for those who are served which could be the difference between life and death. FISCAL IMPACT: The fiscal impact in FY 2019-2020 is an appropriation of $1,189,010.73, from the unreserved fund balance of the Police General Fund initially budgeted in FY 2019 for this purpose but not encumbered, with the remaining cost of $2,378,021.47 budgeted in future years at a zero % interest rate through the annual budget process. Funding Detail: Fund: 1020 General Fund Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: 251850 Unreserved Fund Balance RECOMMENDATION: Staff recommends approval of this ordinance authorizing a three -year agreement with Dailey and Wells Communications, Inc. for the purchase of communication radios for Public Safety. LIST OF SUPPORTING DOCUMENTS: Ordinance Service Agreement Price Sheet Page 1 of 2 Ordinance approving the purchase of Harris Public Safety communication radios in an amount not to exceed $3,567,032.20 to be used by the Corpus Christi Police Department from Dailey and Wells Communications, Inc.; appropriating $1,189,010.73, from the unreserved fund balance of the General Fund initially budgeted in FY 2019 for this purpose but not encumbered; and amending the FY 2019-2020 operating budget to increase expenditures. WHEREAS, this purchase of 770 portable and 40 mobile communication radios for Public Safety; 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 a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (D) a procurement of items that are available from only one source, due to captive replacement parts or components for equipment ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The funds in the amount of $1,189,010.73 are appropriated from the unreserved fund balance in General Fund No 1020 for the purchase of Harris Public Safety communication radios from Dailey and Wells Communications, Inc. Section 2. That the FY2019-2020 operating budget adopted by Ordinance No. 031870 is amended by increasing expenditures by $1,189,010.73. Section 3. The City Manager, or designee, is authorized to execute all documents necessary to purchase Harris Public Safety communication radios from Dailey and Wells Communications, Inc. on a three-year service agreement, for an amount not to exceed $3,567,032.20. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb _________________ Michael Hunter______________ Roland Barrera _________________ Ben Molina _______________ Rudy Garza _________________ Everett Roy _______________ Paulette M. Guajardo________________ Greg Smith _______________ Gil Hernandez _________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi Contracts and Procurement Department Sr. Buyer: Minerva Alvarado Item Description Quantity Price Ext. Price 1 XL-200 Portable Full Keypad 585 4,306.82$ 2,519,489.70$ 2 Radio Programming 585 37.50$ 21,937.50$ 3 Shipping/Handling 585 12.10$ 7,078.50$ 4 XL-200 Portable Full Keypad UL Haz LOC C1D2 185 4,516.98$ 835,641.30$ 5 Radio Programming 185 37.50$ 6,937.50$ 6 Shipping/Handling 185 12.10$ 2,238.50$ 7 XG-75M Mobile, Scan Model, Remote Mount 40 4,055.23$ 162,209.20$ 8 Radio Programming 40 37.50$ 1,500.00$ 9 Mobile Radio Installation 40 235.00$ 9,400.00$ 10 Shipping/Handling 40 15.00$ 600.00$ 3,567,032.20$ Year 1 = $1,189,010.73 Year 2 = $1,189,010.73 Year 3 = $1,189,010.74 Total Price Sheet Communication Radios Sole Source Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 SERVICE AGREEMENT NO. 2659 Purchase of Radios for Public Safety THIS Purchase of Radios for Public Safety Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Dailey and Wells Communications, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Purchase of Radios for Public Safety in response to Request for Bid/Proposal No. 2659 (“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 Purchase of Radios for Public Safety (“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 the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-years periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $3,567,032.19, 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. Contractor shall invoice no more frequently than once per month. 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. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 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: Peter Collins IT Department 361-826-3735 PeterC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event 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 3 of 7 Approved as to Legal Form July 11, 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 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. Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 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: Peter Collins Interim Director of Information Technology 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3735 Fax: n/a IF TO CONTRACTOR: Dailey and Wells Communications, Inc. Attn: Edward Martinez Major Accounts Representative 3440 E. Houston St., San Antonio, TX 78219 Phone: 361-548-5660 Fax: 210-893-6702 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 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 comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11, 2019 20. 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. 21. 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. 22. 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). 23. 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 . 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form July 11, 2019 CONTRACTOR Signature: Printed Name: Title: 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. 2659 Exhibit 2: Contractor’s Bid/Proposal Response Attachment A: Scope of Work 1.The Contractor shall provide 585 XL-200 (XL-PFM1M) portable radios for Police Department. 2.The Contractor shall provide 185 XL-200 (XL-PFM1M-C1D2) portable radios with Haz Loc feature for Fire Department. 3.The Contractor shall provide 40 XG-75 (MAMW-SDMXX) mobile radios for Police and Fire Department. 4.The Contractor shall ship radio equipment to the Dailey-Wells Corpus Christi facility for inventory and deployment. 5.The Contractor shall install all work at 321 John Sartain St., Corpus Christi, TX 78401. (Corpus Christi Police Department) 6.The Contractor shall conduct his work during normal business hours. 7.The Contractor shall install 40 XG-75 mobile radios. 8.The Contractor shall develop XL/XG radio personalities with Corpus Christi. 9.The Contractor shall program the portable and mobile radios consistent with system database of users with Corpus Christi approved personality. 10. The Contractor shall enter the defined User ID for the radios during programming. 11. The Contractor shall program all portables and mobiles for P25 operation. 12. The Contractor shall ensure that all the provided radios will be capable of both EDACS and P25 operation to enable a smooth and seamless migration to P25 systems. 13. The Contractor shall ensure that each radio includes the P25 phase 2 feature license and single-key AES encryption for operating on the fully deployed P25 system. Page 1 of 1 DAILEY AND WELLS COMMUNICATIONS, INC. To:Peter Collins From: Edward Martinez For:City of Corpus Christi IT Major Accounts Representative Phone:361-826-3735 Dailey-Wells Communications Date:1-Oct-19 361-548-5660 Cell email peterc@cctexas.com 210.893.6702 Fax emartinez@dwcomm.com XL-200P PORTABLE, FULL KEYPAD, 700/800 Item Part # Description Qty. Unit List Disc. % Unit Sale Ext Sale POLICE DEPARTMENT PORTABLE RADIOS 1 XL-PFM1M PORTABLE,XL-200P,FULL,MIDNT BLK,US 585 2,900.00$ 26%2,146.00$ 1,255,410.00$ 2 XL-PL4L FEATURE, SINGLE BAND, 7/800 585 0.01$ 100%-$ -$ 3 XL-PL4F FEATURE,P25 PHASE 2 TDMA 585 250.00$ 26%185.00$ 108,225.00$ 4 XL-PL9E FEATURE, SINGLE-KEY AES ENCRYPTION 585 0.01$ 0%0.01$ 5.85$ 5 XL-PL4U FEATURE, SINGLE-KEY DES ENCRYPTION 585 0.01$ 0%0.01$ 5.85$ 6 XL-P25ED FEATURE PACKAGE, P25 AND EDACS TRUNKING 585 2,000.00$ 26%1,480.00$ 865,800.00$ 7 XL-PA3V BATTERY,LI-ION,3100 MAH 585 150.00$ 26%111.00$ 64,935.00$ 8 XL-NC8F ANTENNA,WHIP,1/4 WAVE,762-870MHZ 585 35.00$ 26%25.90$ 15,151.50$ 9 XL-AE2V SPEAKER MIC, REVO NC2, C1D2 585 190.00$ 26%140.60$ 82,251.00$ 10 XL-HC4K CASE,LEATHER,PREMIUM,BELT LOOP,D-SWIVEL 585 145.00$ 26%107.30$ 62,770.50$ 11 XL-CH4X CHARGER,1-BAY 585 150.00$ 26%111.00$ 64,935.00$ TOTAL FOR RADIO PACKAGE:5,820.03$ 4,306.82$ 12 DWC-Labor Radio Programming 585 37.50$ 0%37.50$ 21,937.50$ 13 DWC-Shipping Shipping / Handling 585 12.10$ 0%12.10$ 7,078.50$ Sub Total 2,548,505.70$ XL-200P PORTABLE, FULL KEYPAD, 700/800 UL HAZ LOC C1D1 Item Part # Description Qty. Unit List Disc. % Unit Sale Ext Sale FIRE DEPARTMENT PORTABLE RADIOS 1 XL-PFM1M PORTABLE,XL-200P,FULL,MIDNT BLK,US 185 2,900.00$ 26%2,146.00$ 397,010.00$ 2 XL-PL4L FEATURE, SINGLE BAND, 7/800 185 0.01$ 100%-$ -$ 3 XL-PL4F FEATURE,P25 PHASE 2 TDMA 185 250.00$ 26%185.00$ 34,225.00$ 4 XL-PL9E FEATURE, SINGLE-KEY AES ENCRYPTION 185 0.01$ 0%0.01$ 1.85$ 5 XL-PL4U FEATURE, SINGLE-KEY DES ENCRYPTION 185 0.01$ 0%0.01$ 1.85$ 6 XL-P25ED FEATURE PACKAGE, P25 AND EDACS TRUNKING 185 2,000.00$ 26%1,480.00$ 273,800.00$ 7 XS-PA2A BATT, LION, 3100, HAZLOC RADIO ULC1D2 185 225.00$ 26%166.50$ 30,802.50$ 8 XL-NC8F ANTENNA,WHIP,1/4 WAVE,762-870MHZ 185 35.00$ 26%25.90$ 4,791.50$ 9 XL-AE2W SPEAKER MIC, 500F, XL-200P 185 399.00$ 26%295.26$ 54,623.10$ 10 XL-HC4K CASE,LEATHER,PREMIUM,BELT LOOP,D-SWIVEL 185 145.00$ 26%107.30$ 19,850.50$ 11 XL-CH4X CHARGER,1-BAY 185 150.00$ 26%111.00$ 20,535.00$ TOTAL FOR RADIO PACKAGE:6,104.03$ 4,516.98$ 12 DWC-Labor Radio Programming 185 37.50$ 0%37.50$ 6,937.50$ 13 DWC-Shipping Shipping / Handling 185 12.10$ 0%12.10$ 2,238.50$ Sub Total 844,817.30$ Portable Radios Extended Total 3,393,323.00$ 3440 E. Houston St., San Antonio, TX 78219 Fed Tax ID: 74-1873279 Dailey and Wells Communications, Inc. Confidential 10/2/2019 Page 1 Attachment B: Pricing Schedule XG-75M Mobile, Scan Model, Remote Mount, 764/870MHz, Item Part Number Description Qty.Unit List Disc. %Unit Sale Ext Sale POLICE DEPARTMENT MOBILE RADIOS 1 MAMW-SDMXX MOBILE,XG-75M/M7300,764-870MHZ,HALF DPLX 16 2,300.00$ 26%1,702.00$ 27,232.00$ 2 MAMW-NPL3R Feature,Max(1024+) System/Groups 16 0.01$ 0%0.01$ 0.16$ 3 MW-PL4F Feature, P25 Phase 2, TDMA 16 250.00$ 26%185.00$ 2,960.00$ 4 MW-PL9E FEATURE, SINGLE-KEY AES ENCRYPTION 16 0.01$ 0%0.01$ 0.16$ 5 MW-PL4U Feature, Single-Key DES Encryption 16 0.01$ 0%0.01$ 0.16$ 6 MW-P25ED FEATURE PACKAGE,P25 TRUNKING & EDACS 16 1,600.00$ 26%1,184.00$ 18,944.00$ 7 MAMW-NCP9E CONTROL UNIT, CH-721, SCAN, REMOTE MOUNT 16 720.00$ 26%532.80$ 8,524.80$ 8 MAMW-NZN7R ACCESSORIES,XG-75M/M7300 REMOTE MOUNT 16 360.00$ 26%266.40$ 4,262.40$ 9 MAMW-NMC7Z MICROPHONE,STD,STRAIGHT CONNECTOR 16 80.00$ 26%59.20$ 947.20$ 10 AN-225001-001 Antenna,Element,700/800 3dB 16 90.00$ 26%66.60$ 1,065.60$ 11 AN-125001-002 Antenna,Base,Standard Roof Mnt Low Loss 16 80.00$ 26%59.20$ 947.20$ TOTAL FOR RADIO PACKAGE:5,480.03$ 4,055.23$ 12 DWC-Labor Radio Programming 16 37.50$ 0%37.50$ 600.00$ 13 DWC-Labor Mobile Radio Installation 16 235.00$ 0%235.00$ 3,760.00$ 14 DWC-Shipping Shipping/Handling 16 15.00$ 0%15.00$ 240.00$ Sub Total 69,483.68$ XG-75M Mobile, Scan Model, Remote Mount, 764/870MHz, Item Part Number Description Qty.Unit List Disc. %Unit Sale Ext Sale FIRE DEPARTMENT MOBILE RADIOS 1 MAMW-SDMXX MOBILE,XG-75M/M7300,764-870MHZ,HALF DPLX 24 2,300.00$ 26%1,702.00$ 40,848.00$ 2 MAMW-NPL3R Feature,Max(1024+) System/Groups 24 0.01$ 0%0.01$ 0.24$ 3 MW-PL4F Feature, P25 Phase 2, TDMA 24 250.00$ 26%185.00$ 4,440.00$ 4 MW-PL9E FEATURE, SINGLE-KEY AES ENCRYPTION 24 0.01$ 0%0.01$ 0.24$ 5 MW-PL4U Feature, Single-Key DES Encryption 24 0.01$ 0%0.01$ 0.24$ 6 MW-P25ED FEATURE PACKAGE,P25 TRUNKING & EDACS 24 1,600.00$ 26%1,184.00$ 28,416.00$ 7 MAMW-NCP9E CONTROL UNIT, CH-721, SCAN, REMOTE MOUNT 24 720.00$ 26%532.80$ 12,787.20$ 8 MAMW-NZN7R ACCESSORIES,XG-75M/M7300 REMOTE MOUNT 24 360.00$ 26%266.40$ 6,393.60$ 9 MAMW-NMC7Z MICROPHONE,STD,STRAIGHT CONNECTOR 24 80.00$ 26%59.20$ 1,420.80$ 10 AN-225001-001 Antenna,Element,700/800 3dB 24 90.00$ 26%66.60$ 1,598.40$ 11 AN-125001-002 Antenna,Base,Standard Roof Mnt Low Loss 24 80.00$ 26%59.20$ 1,420.80$ TOTAL FOR RADIO PACKAGE:5,480.03$ 4,055.23$ 12 DWC-Labor Radio Programming 24 37.50$ 0%37.50$ 900.00$ 13 DWC-Labor Mobile Radio Installation 24 235.00$ 0%235.00$ 5,640.00$ 14 DWC-Shipping Shipping/Handling 24 15.00$ 0%15.00$ 360.00$ Sub Total 104,225.52$ P.O TBD Mobile Radios Extended Total 173,709.20$ Bill to: City of Corpus Christi Overall Total 3,567,032.20$ Accounts Payable PO Box 9277 SPECIAL TERMS:Payment 1 Due Nov.22, 2019:1,189,010.73$ Corpus Christi TX 78469-9277 Dailey-Wells Payment for $3,567,032.20 with 0%Payment 2 Due Oct 1, 2020:1,189,010.73$ interest to City detailed on separate agreement Payment 3 Due Oct 1, 2021:1,189,010.73$ Ship To:City of Corpus Christi with the following paymment schedule: 3,567,032.19$ Police Department Pricing: Valid until November 30, 2019 321 John Sartain St 5th Floor Corpus Christi TX 78401 Dailey and Wells Communications, Inc. Confidential 10/2/2019 Page 2 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 Contract Administer 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 ERRORS & OMMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate CYBER LIABILITY $1,000,000 Per Occurrence $1,000,000 Aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit Page 1 of 3 WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 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 Ins. Req. Exhibit 7- I - IT Contracts – Software Support, Configuration, Implementation and Maintenance - Hardware Installation – Auto Liability 05/01/2019 Risk Management – Legal Dept. No bond is required for this service agreement. Page 3 of 3 U.S. EQUIPMENT WARRANTY A.Harris Corporation, a Delaware Corporation, through its Communication Systems Segment (hereinafter “Seller”) warrants to the original purchaser for use (hereinafter “Buyer”) that Equipment manufactured by or for the Seller shall be free from defects in material and workmanship and shall conform to its published specifications. With respect to all non-Seller Equipment, Seller gives no warranty, and only the warranty, if any, given by the manufacturer shall apply. Rechargeable batteries are excluded from this warranty and are warranted under a separate Rechargeable Battery Warranty (ECR-7048). B.Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet the above warranties occurring within the following periods of time from date of sale to the Buyer and are conditioned on Buyer’s giving written notice to Seller within thirty (30) days of such occurrence: 1.for fuses and non-rechargeable batteries, operable on arrival only 2.for service parts, ninety (90) days 3.for mobile and portable radios (“Subscriber Units”), twenty-four (24) months 4.for Unity® model Subscriber Units, thirty-six (36) months 5.for radio accessories, one (1) year 6.for all other equipment of Seller’s manufacture, one (1) year C.During the Warranty Period, if Hardware fails to meet the foregoing warranties, Seller shall, at its option, correct the failure by: (1) repairing defective or damaged parts or Hardware, or (2) making available any necessary repaired or replacement parts, or (3) by providing new or refurbished parts or new or refurbished equipment. Seller will be responsible for shipping charges incurred in returning repaired parts, replacement parts, or hardware to Buyer. All warranty work must be conducted during normal business hours at Seller’s place of business. Any repaired or replacement parts or Hardware furnished hereunder shall be warranted for the remaining unexpired portion the original Warranty Period of that part or Hardware. The original Warranty Period shall not be extended. Where such failure cannot be corrected by Seller’s commercially reasonable efforts, Seller will refund to Buyer the fees paid for the parts or Hardware less depreciation. D.Seller’s obligations under Paragraph C shall not apply to any Equipment, or part thereof, which (i) has been modified or otherwise altered other than pursuant to Seller’s written instructions or written approval or, (ii) is normally consumed in operation or, (iii) has a normal life inherently shorter than the warranty periods specified in Paragraph B, or (iv) is not properly stored, installed, used, maintained or repaired, or, (v) has been subjected to any other kind of misuse or detrimental exposure, or has been involved in an accident. E.The preceding paragraphs set forth the exclusive remedies for claims based upon defects in or nonconformity of the Equipment, whether the claim is in contract, warranty, tort (including negligence), strict liability or otherwise, and however instituted. Upon the expiration of the warranty period, all such liability shall terminate. The foregoing warranties are exclusive and in lieu of all other warranties, whether oral, written, expressed, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES. THIS WARRANTY APPLIES ONLY WITHIN THE UNITED STATES. HARRIS CORPORATION Communication Systems Segment 221 Jefferson Ridge Parkway Lynchburg, VA 24501 1-800-368-3277 HARRIS CORPORATION Communication Systems Segment 1680 University Avenue Rochester, NY 14610 1-585-244-5830 © 2019 Harris Corporation. All rights reserved. ECR-7047W 01/19 www.harris.com Attachment D: Warranty Requirements Page 1 of 1 DATE: October 29, 2019 TO: Peter Zanoni, City Manager FROM: Jermel Stevenson, Director of Parks and Recreation JermelS@cctexas.com (361) 826-3042 CAPTION: Ordinance authorizing an agreement with Texas Food and Wine Festival, LLC to allow use of Heritage Park and portions of Fitzgerald Street and Hughes Street for the Corpus Christi Food and Wine Festival Event and related activities on November 23, 2019. SUMMARY: City ordinance requires all lease agreements to be reviewed and approved by City Council when on City property and fencing the area to charge entry. This lease agreement is for approval of the date, location and consideration for the 2019 Corpus Christi Food and Wine Festival event and related activities to be held on November 23, 2019. BACKGROUND AND FINDINGS: This year’s fourth annual Corpus Christi Food and Wine Festival is an annual event that highlights local art, food, and music while offering a variety of Texas wines along with vino from 12 other nations. The festival is organized by Texas Food and Wine Festival, LLC. Their mission is to promote Corpus Christi and support local nonprofit organizations that fall into our categories of: Quality of Life, Education, Veteran, and organizations working with Underserved Communities.The event is designed to highlight as much about local artisans, chefs, artists, and musicians as able. The lease agreement with Texas Food and Wine Festival, LLC, includes a one-time Parks and Recreation Large Special Event Permit fee of $400, Health Permit/Vendor Fees, and/or Development Services Permit Fees. Should any City services be utilized for the event, then the Parks & Recreation Director will invoice Texas Food and Wine Festival, LLC for costs of all such City services, including but not limited to, services provided for the event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, City Police Department, and City Fire Department within thirty (30) calendar days after the Event. Corpus Christi Food and Wine Festival Lease Agreement AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting October 29, 2019 Second Reading Ordinance for the City Council Meeting November 12, 2019 ALTERNATIVES: The alternative is not to approve the agreement and request the group to reconsider the location and date of the proposed event. This would impact the availability of scheduled vendors and performers that have already committed to participate. FISCAL IMPACT: The City will be receiving $400.00 for permits that will be deposited in the Visitor’s Facility Fund No. 4710. Funding Detail: Fund: 4710 Visitor’s Facility Fund Organization/Activity: 13710 Cultural Facility Maintenance Mission Element: 888 Revenue Project # (CIP Only): Not Applicable Account: 302350 Special Event Permits RECOMMENDATION: Staff recommends approving an agreement with Texas Food and Wine Festival, LLC to allow use of Heritage Park and portions of Fitzgerald Street and Hughes Street for the Corpus Christi Food and Wine Festival on November 23, 2019. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement with Exhibits Ordinance authorizing an agreement with Texas Food and Wine Festival, LLC to allow use of Heritage Park and portions of Fitzgerald Street and Hughes Street for the Corpus Christi Food and Wine Festival Event and related activities on November 23, 2019 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute an agreement with Texas Food and Wine Festival, LLC to allow use of Heritage Park, and portions of Fitzgerald Street and Hughes Street for the Corpus Christi Food and Wine Festival and related activities on November 23, 2019. 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 DATE: October 14, 2019 TO: Peter Zanoni, City Manager FROM: Esther Velazquez, Assistant to the Director, Parks and Recreation Department EstherV@cctexas.com 361.816.1292 CAPTION: Ordinance authorizing a 20-year Lease Agreement with Art Community Center of Corpus Christi, Inc. a Texas nonprofit corporation, for continued use and operation of the Art Community Center at no charge located at 100 N. Shoreline Blvd. for use by local and visiting artists, to provide meeting rooms, art exhibits, an information center, a gift shop, a restaurant, display areas for the arts, and art classes. SUMMARY: The purpose of this item is to renew the lease for use and operation of the Art Community Center. The current tenant will be doing a capital campaign for a new roof and would like to benefit from the investment they are making. BACKGROUND AND FINDINGS: On August 23, 1988 City Council approved a 20-year Lease Agreement with Art Community Center of Corpus Christi, Inc., a non-profit corporation. In August 24, 1999 City Council approved Amendment No. 1 to the Lease. The original lease included a program of restoration and renovation for the rehabilitative use of the facility as an art center for use by local and visiting artists. Amendment No. 1 authorized renovation of the existing building, construction of an additional building, expanded the premises and also extended the term to October 24, 2019. The proposed new 20-year lease does not have any significant changes and the premises will continue to be used for the Art Center’s administrative headquarters and offices, information center and workrooms for local and visiting artists, meeting rooms for non-profit organizations, gift shop, lunch room, fund raising events, special events, art fairs, jamborees, auctions, workshops, lectures, and art classes. Art Community Center of Corpus Christi, Inc. 20-Year Lease Agreement AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting October 29, 2019 Second Reading Ordinance for the City Council Meeting December 10, 2019 ALTERNATIVES: City Council may opt for a shorter term lease for the use and operation of the Art Community Center. However, the investment of a new roof from their capital campaign justifies and warrants the long term lease. FISCAL IMPACT: The Art Center does not pay rent for use of the leased premises, they are, however, responsible for maintenance and repair of the leased premises. The City is responsible for providing the following utilities services: water, wastewater, and gas (in-kind $7,982.10), regular garbage collection and disposal ($607.68), grounds maintenance ($6,781.64), and property insurance ($5,754.00). Amounts listed are the annual costs for fiscal year 2019. The agreement provides that the City is also responsible for anything beyond repair and maintenance to the extent of property insurance provided, and including maintaining in good order the exterior painting of the building and the parking lots. The parking lots were recently resurfaced and restriped as a part of the Bayfront Development/Shoreline reroute project. The building however, is due for repainting and this capital improvement project will be proposed during the fiscal year 2021 CIP budget process. Funding Detail: Garbage Collection & Disposal Landscaping Property Insurance Premium Fund: 1020 1020 5611 Organization/Activity: 12910 12915 40520 Mission Element: 141 141 141 Project # (CIP Only): Account: 530090 530225 537420 RECOMMENDATION: Staff recommends approval of this item authorizing a 20-year Lease Agreement with Art Community Center of Corpus Christi, Inc. LIST OF SUPPORTING DOCUMENTS: Lease Agreement Ordinance Ordinance authorizing a 20-year Lease Agreement with Art Community Center of Corpus Christi, Inc. a Texas nonprofit corporation, for continued use and operation of the Art Community Center at no charge, located at 100 N. Shoreline Blvd. for use by local and visiting artists, to provide meeting rooms, art exhibits, an information center, a gift shop, a restaurant, display areas for the arts, and art classes BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute a 20-year lease agreement with Art Community Center of Corpus Christi. Inc. a Texas nonprofit corporation, for continued use and operation of the Art Community Center located at 100 N. Shoreline Blvd. for use by local and visiting artists, to provide meeting rooms, art exhibits, an information center, a gift shop, a restaurant, display areas for the arts, and art classes. 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 LEASE AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Lease Agreement of by and between the City of Corpus Christi, a municipal corporation, (the “City”), and The Art Community Center of Corpus Christi, Inc., (the “Art Center”), W I T N E S S E T H: That the City does by these presents lease and demise unto the Art Center the following described property, with all improvements thereon, (the “Leased Premises”), being situated in the City of Corpus Christi, Nueces County, Texas: An area bounded on the southside by the North curb line of Cooper’s Alley, the west side by the east curb line of Shoreline Drive, the north side by a line approximately 15-feet north of what was formerly the north curb line of John Sartain Street (formerly known as Laguna Street), and on the east side by the west curb line of the old northbound Shoreline Drive right-of-way, for the term of twenty (20) years beginning sixty (60) days after second reading of the City Ordinance authorizing execution hereof, in consideration for which the City and the Art Center covenant and agree to perform the following terms and conditions, to-wit: 1. Operating Requirements. The Art Center shall operate the Leased Premises, in accordance with the following terms, conditions, and procedures: (a) The operation of an art center for use by local and visiting artists. (b) The Art Center shall maintain such structure as an attractive and compatible part of the Shoreline area. 2 (c) Excepting City holidays, periods reasonably necessary to accomplish changing exhibits, and vacations not exceeding 14 calendar days per year, the Art Center shall keep the building open for local and visiting citizens who desire to visit the facility during regularly-established hours which shall be not less than five days and 30 hours per week; provided that the City may excuse the Art Center from this requirement during special events which hinder access to the Leased Premises. The Art Center hereby waives any right it might have to object to street closings during special events. (d) The Art Center shall repair and maintain the Leased Premises, including but not limited to, air conditioning and heating equipment, in good operating condition at all reasonable times. (e) The Art Center shall provide decorating services for the interior of the building. (f) The Art Center shall provide furnishings and equipment. 2. Capital Program by Art Center. During the first five (5) years of this Lease, the Art Center shall develop a capital improvement program for the facilities on the Leased Premises and submit the same to the City for City Council approval. The capital improvement plan shall incorporate the following: (a) The plan shall provide for the maintenance and improvement of the facilities in order to serve the public for the duration of the lease term. (b) The facilities shall incorporate energy and utility conservation features acceptable to City. (c) The Art Center shall engage a replacement architectural firm with knowledge and experience in rehabilitative use restorations, acceptable to City. All expenses and fees paid to such architectural firm shall be paid by the Art Center. 3 (d) Prior to commencing any capital improvements to be funded solely by the Art Center, the supervising architect shall submit the construction plans to the City Manager of the City, or his designee, for approval and such approval shall be prerequisite for the issuance of any building permit required by the City. 3. Consideration Provided by City. The City shall provide and maintain, the following at its expense. (a) The City agrees to provide all usual City utility services (water, wastewater, gas, regular garbage collection and disposal) necessary or proper for the use of such building. All other utilities shall be paid by the Art Center. (b) The City agrees to repair and maintain the exterior painting of the building, and the grounds, including landscaping and parking lots, in good condition and attractive appearance. (c) The City agrees to provide property insurance on the full replacement value of all buildings and improvements on the Leased Premises. The City shall transmit any such insurance payments received to the Art Center upon the Art Center’s submission of renovation or replacement plans acceptable to the City; provided, the amount paid by the City hereunder shall not exceed the actual, reasonable cost of the renovation or replacement. The City shall have no obligation to maintain, repair, renovate nor replace any improvements or infrastructure on the Leased Premises other than to the extent of the insurance provided herein. 4. Use of Premises. The Art Center may utilize the building for the following purposes: (a) Art Center’s administrative headquarters and offices. 4 (b) Workrooms for local and visiting artists who desire to continue or improve their artistic endeavors. (c) Meeting rooms for non-profit organizations desiring to use the building for meetings. (d) An information center for local and visiting artists which will provide information and directions to local and area works of art. (e) Gift shop for the sale of items of artistic and historic merit, and other gift items normally sold in such facilities. (f) Operation of a restaurant. (g) Display areas for the display and sale of the artistic creations of local and visiting artists. (h) Fund raising events normally carried on by non-profit organizations. (i) Areas for art fairs, art jamborees, and art auctions. (j) Workshops, lectures, art classes and facilities for winter tourists to paint. (k) Rental of the facility as a venue for special events. 5. Additional Agreements by Art Center. The Art Center: (a) Shall make no structural alterations or additions to the improvements upon the Leased Premises without the prior written consent of the City Manager or his designee. (b) May make such nonstructural additions, alterations and improvements upon the Leased Premises deemed necessary or desirable by the Art Center. (c) Upon termination of this Lease, the Art Center may, but shall not be obligated to, remove all such nonstructural additions, alterations and improvements but only if they may be removed without damaging the Leased Premises. All additions, 5 alterations or improvements which are not removed from the Leased Premises at the expiration or termination of this Lease become the property of City without necessity of any legal action (d) Shall have the right to authorize individuals, groups of individuals, or organizations to use portions of the Leased Premises for any purposes for which the Art Center is herein authorized to use the premises. All of said use by said individuals or organizations shall be subject to and in accordance with the spirit and terms of this contract and shall be under the direction and supervision of the Art Center. (e) In the ordinary course of providing or authorizing functions, programs and events under and in accordance with this contract, the Art Center may, without the prior consent thereto of the City Manager or City Council, enter into written contracts and agreements of a routine nature. (f) Promptly notify the City Manager or designee of any damage to the Leased Premises. 6. Financial Statements. The Art Center shall annually submit a signed copy of its audited financial statement to the City Manager or his designee within ninety (90) days after the end of the fiscal year covered by such audit. 7. No Assignment. The Art Center shall not assign this Lease without the prior written consent of the City. 8. Non-Discrimination. The Art Center shall not discriminate against the public, its employees, or artists on the basis of race, creed, color, national origin, sex, or handicap in its operations under this Lease. 6 9. Indemnification. The Art Center shall fully indemnify, save and hold harmless the City, its officers, employees, and agents against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, premises defects, workers’ compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this Agreement or the Art Center’s use, operation or occupancy of the Leased Premises or the Art Center. The Art Center shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all c harges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 10. Compliance. The Art Center agrees that it will promptly comply with and fulfill all ordinances, regulations and codes of Federal, State, County, City and other governmental agencies applicable to said property, at the Art Center’s sole expense and cost. 11. Non-Waiver. No assent, express or implied, by the City to any breach by the Art Center of any of the covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreement, condition or term hereof. 12. Entry by City. The City reserves the right to enter said premises at any reasonable time during the existence of this Lease for the purpose of inspecting the same in order to determine whether the terms of the Lease are being observed and carried out. 13. Insurance. The Art Center shall acquire and maintain the following insurance coverages during the term of the Lease: insurance coverages and amounts identified on the attached Exhibit. 7 In addition, the Art Center shall require any contractor for construction of any buildings or improvements under this Lease to carry insurance coverages throughout the renovation period with terms and amounts as required by the City Manager. The amount and terms of coverages required in this paragraph shall be substantially similar to those required by the City for similar operations. The City may require reasonable increases in the coverages specified herein so that the present real value of coverage is not diminished over the course of this Lease. 14. Termination by City. The City may, at its option, in addition to any other remedy or right hereunder or by law, immediately terminate this Lease without notice except as provided herein, upon occurrence of any of the following conditions: (a) Failure to operate the Leased Premises as an Art Center open to the public for a period exceeding 30 days except during periods necessary for repairs or renovation approved by the City in writing. (b) Failure to abate any nuisance specified in writing by the City within a reasonable time specified in writing by the City. (c) The Art Center’s assignment of this Lease or subletting of the Leased Premises, or attempted assignment or subletting, except as otherwise authorized herein, without written consent of the City. (d) Dissolution of the Art Center as a non-profit corporation. (e) Failure to have in effect at all times policies of insurance as required in this Lease. (f) Abandonment of the premises. (g) Failure of the Art Center to complete repairs or reconstruction within 12 months after the building is damaged beyond use or destroyed by fire, wind, flood or any 8 other cause. In the event of such catastrophe, the Art Center shall notify City in writing, within thirty days of any such damage, of its plans and schedule for repair or reconstruction, and failure to timely submit such notice shall be sufficient cause for City to terminate this Lease. (h) Failure of the Art Center, within thirty (30) days of written notice from the City, to correct any breach in the performance or observance of any other covenant or condition of this Lease. Upon termination of this Lease as hereinabove provided, or pursuant to statute, or by summary proceedings or otherwise, the City may enter forthwith and resume possession either by summary proceedings, or by action at law or in equity or by force or otherw ise, as the City may determine, without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are, and shall be deemed to be, cumulative of any other rights of the City under law, and the exercise of one shall not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy shall not be deemed to operate as a waiver of its. right to exercise such right or remedy at any other or future time. 15. Landlord-Tenant Relationship. It is specifically agreed and understood that the parties intend and do hereby create a landlord/tenant relationship, and this Agreement shall be construed conclusively in favor of that relationship. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, shall be deemed to create any relationship between the parties herein other than that of landlord and tenant. 9 16. Amendments. No changes or modifications to the Lease shall be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. 17. Publication. The Art Center agrees to pay the costs of newspaper publication of this Agreement and related ordinance as required by the City Charter. 18. Local Efforts. The Art Center shall invite Corpus Christi based general contractors who are qualified to negotiate or bid for construction of any capital project, and the Art Center further agrees to use its best efforts to involve local contractors and subcontractors in any construction to the extent feasible. 19. Budgetary Appropriations. The Art Center understands and acknowledges that the continuation of any City services and insurance obligations under this Lease beyond the current fiscal year of the City, which fiscal year ends September 30 of each year, shall be subject to sufficient appropriations and budget approval providing for or covering such items as an expenditure in the City’s budget. In the event of any such non-appropriation, The Art Center may elect to assume such financial obligations or elect to terminate this Lease. (Signatures on following page.) F:\7382\0\19 Lease Agreement-1021-11-15.docx 10 IN TESTIMONY WHEREOF, the parties to this Lease have hereunto set their hands in duplicate effective as of the last date of signature below. ATTEST: CITY OF CORPUS CHRISTI By: By: Name: Rebecca Huerta Name: Peter Zanoni Title: City Secretary Title: City Manager APPROVED: Date: , 2019. ____ day of _________________, 2019 Miles Risley, City Attorney Assistant City Attorney THE ART COMMUNITY CENTER OF CORPUS CHRISTI, INC. By: Name: Title: Date: , 2019. Exhibit A – Page 11 EXHIBIT 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 Exhibit A – Page 12 LIQUOR LIABILITY $1,000,000 Per Occurrence PERSONAL PROPERTY INSURANCE (if applicable) Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. 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 Exhibit A – Page 13 • 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. Parks and Recreation Lease Agreement – The Art Community Center of Corpus Christi 10/01/2019 Risk Management – Legal Dept. Project No: N/A 1 EG Legistar No.: 19-1398 Rev. 2– 10/2/19 DATE: October 1, 2019 TO: Peter Zanoni, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffeye@cctexas.com (361) 826-3851 Dan Grimsbo, Executive Director of Utilities dang@cctexas.com CAPTION: Ordinance accepting $31,105.92 from Epic Y Grade Pipeline, LP and authorizing an amendment to the existing Revocable Easement to allow construction of an additional 12-inch pipeline. SUMMARY: This ordinance amends the existing Revocable and Temporary Construction Easement with Epic Y Grade Pipeline, LLC to allow them to add one additional twelve (12) inch diameter pipeline to their easement for the transportation of oil, gas, or other hydrocarbon product across City properties. The ordinance accepts the compensation received into the operating account of the City’s Water Department. BACKGROUND AND FINDINGS: In February 2019, City Council approved a fifty foot wide Revocable and Temporary Construction Easement to Epic Y Grade Pipeline, LP (Epic) as shown on the attached Vicinity Map. The amount of compensation to the City was $151,721 and was calculated based on pipe size, pipe length, and easement areas. The original easement permitted only two pipelines, a sixteen (16) inch diameter and a thirty (30) inch diameter. Epic has requested to place a third line within their existing easement. The additional line will be Amending the Revocable Pipeline Easement with Epic Y Grade Pipeline LP AGENDA MEMORANDUM First Reading for the City Council Meeting of October 29, 2019 Second Reading for the City Council Meeting of November 12, 2019 Project No: N/A 2 EG Legistar No.: 19-1398 Rev. 2– 10/2/19 a twelve (12) inch diameter pipeline and will be used for the transportation of crude oil. City staff has calculated the amount of compensation to be $31,105.92 based on the line diameter and length. Since the easements are situated on lands under the jurisdiction of the Water Department, the revenue will be accepted into the Water Department Fund 4010. The easement contains terms and conditions which pertain to construction standards and compliance with laws. The easement is revocable by the City if Epic violates and fails to correct any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and certain City ordinances. Epic will also fully indemnify the City against any and all liability, damage, loss claims and actions of any nature. Authorization to convey easements and land rights from City land is required by City Council. There is no title company participation required in the conveyance of this easement. ALTERNATIVES: Allowing the amendment for an additional line is good efficient use of the easement area. The City could alternatively deny the easement amendment to Epic Y Grade Pipeline, LP and restrict the amount of pipelines to two only. This could lead to possible legal action of eminent domain proceedings by Epic as they are registered as a common carrier pipeline company with eminent domain rights in the State of Texas. FISCAL IMPACT: The grant of this Revocable Easement produces $31,105.92 in revenue for the City’s Water Department Operating Fund No. 4010. Funding Detail: Fund: Water Department 4010 Deposited into revenue account upon receipt of funds RECOMMENDATION: City staff recommends approval of the Ordinance which grants Epic Y Grade Pipeline, LP the right to install an additional line. The revenue to be received by the City will be deposited to the Water Department’s Operating Fund No. 4010. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Ordinance Amended Revocable Easement Ordinance accepting $31,105.92 from Epic Y Grade Pipeline, LP and authorizing an amendment to the existing Revocable Easement to allow construction of an additional 12-inch pipeline WHEREAS, City Council granted a 50-foot wide Revocable Easement to Epic Y Grade Pipeline, LP on March 19, 2019, by Ordinance Number 031701 for the purpose of constructing, operating, maintaining, repairing and removing one 16-inch and one 30- inch pipeline; WHEREAS, Epic Y Grade Pipeline, LP now requests to amend the purpose of the Revocable Easement to add an additional 12-inch pipeline. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That the 50-foot wide Revocable Easement with a variable width Temporary Construction Easement granted to Epic Y Grade Pipeline, LP on March 19, 2019, by Ordinance Number 031701 is amended for the purpose of constructing, operating, maintaining, repairing and removing a 12-inch pipeline, a 16-inch pipeline and a 30-inch pipeline across two City owned properties southeast of the O.N. Stevens Water Treatment Plant in Corpus Christi, Nueces County, Texas, for the amount of $31,105.92 to be paid to the City. SECTION 2: Revenue in the amount of $31,105.92 is accepted from Epic Y Grade Pipeline, LP for the additional 12-inch pipeline. SECTION 3: That the City Manager or designee is authorized to execute the Amended Revocable Easement and other related documents for the conveyance of the revocable easement. That the foregoing ordinance was read for the first time and passed to its second reading on this____ 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 ____ 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 _____day of ____________________, 2019 ATTEST: ____________________________ __________________________ Rebecca Huerta Joe McComb City Secretary Mayor 37 77 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES REVOCABLE PIPELINE EASEMENT TO EPIC Y - GRADE PIPELINE LOCATION MAP NOT TO SCALE PROJECT SITE N CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBITREVOCABLE PIPELINE EASEMENT TO EPIC Y-GRADE PIPELINE DEPARTMENT OF ENGINEERING SERVICES VICINITY MAP NOT TO SCALE TEXSTAR PIPELINE EASEMENT RAILROADLoma Alta Rd.City Land City Land EPIC Y-GRADE PIPELINE EASEMENT Project No: N/A 1 EG Legistar No.: 19-1399 Rev. 2– 10/7/19 DATE: October 1, 2019 TO: Peter Zanoni, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffeye@cctexas.com (361) 826-3851 Dan Grimsbo, Executive Director of Utilities dang@cctexas.com (361) 826-1718 CAPTION: Ordinance accepting $103,770 from Dean Pipeline Company, LLC and authorizing conveyance of three Revocable Easements with Temporary Construction Easements on City-owned properties, to allow construction of one 8-inch pipeline. PURPOSE: This ordinance conveys three Revocable and Temporary Construction Easements to Dean Pipeline Company, LLC (Dean) to allow construction, operation, maintenance, repair and removal of one 8-inch pipeline for the transportation of oil, gas, or other hydrocarbon product on three City properties. The ordinance accepts the compensation received into the operating account of the City’s Water Department. BACKGROUND AND FINDINGS: Dean Pipeline Company, LLC (Dean Pipeline) is currently constructing a pipeline from San Patricio County to the City’s industrial area. They have requested a thirty-foot wide permanent easement located across two tracts of land owned by the City located southeast of the O.N. Stevens Plant and on another tract north of IH 37, known as the Granting a Revocable Pipeline Easement to Dean Pipeline Company, LLC AGENDA MEMORANDUM First Reading for the City Council meeting of October 29, 2019 Second Reading for the City Council Meeting of November 12, 2019 Project No: N/A 2 EG Legistar No.: 19-1399 Rev. 2– 10/7/19 Spillway Tract. All three tracts are under the jurisdiction of the Water Department. As shown on the first attached Vicinity Map, the Dean easement will be located east of two existing pipeline easements. This map shows TexStar easement granted by the City in 2015 and the Epic Y Grade Pipeline easement granted in February 2019 . The second Vicinity Map shows the proposed pipeline easement along the west boundary of the Spillway Tract, north of IH 37. The Dean pipeline is limited to one, eight (8) inch pipeline, which will carry refined grade petroleum (RGP). The easement will also convey a variable width temporary construction easement which will expire upon completion of the pipeline. Dean Pipeline will use horizontal boring to construct their pipeline under existing City water transmission lines. The Dean pipeline will have a minimum vertical clearance of twelve (12) feet between their pipelines and the City’s water transmission lines. The City will closely monitor the boring operations, as well as any other construction adjacent to its water transmission lines. The City has agreed to grant the three Revocable Easement instruments for the total amount of $103,770. This amount of compensation is calculated based on pipe size, pipe length, and easement areas. The easement language contains terms and conditions which pertain to construction standards and compliance with laws. The easement is revocable by the City if Dean Pipeline violates and fails to correct discrepancies with any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and certain City ordinances. They will also fully indemnify the City against any and all liability, damage, loss claims and actions of any nature. Authorization to convey easement and land rights from City land is required by City Council. There is no title company participation required in the conveyance of this easement. ALTERNATIVES: Granting the Revocable Easement makes good use of the City’s vacant areas of land and generates revenue for Water Department’s use. The City could alternatively deny the easement to Dean Pipeline. This could lead to legal action of eminent domain proceedings as they are registered as a common carrier pipeline company with eminent domain rights in the State of Texas. FISCAL IMPACT: The grant of this Revocable Easement produces $103,770 in revenue for the City’s Water Department Operating Fund No. 4010. Funding Detail: Fund: Water Department 4010 Deposited into revenue account upon receipt of funds Project No: N/A 3 EG Legistar No.: 19-1399 Rev. 2– 10/7/19 RECOMMENDATION: City staff recommends approval of the Ordinance which grants Dean Pipeline the right to construct its pipeline across the City’s land. The revenue to be received by the City will be deposited to the Water Department’s Operating Fund No. 4010. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Ordinance Revocable Easements, 3 Ordinance accepting $103,770 from Dean Pipeline Company, LLC and authorizing conveyance of three Revocable Easements with Temporary Construction Easements on City-owned properties, to allow construction of one 8-inch pipeline. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That three 30-foot wide Revocable Easements with variable width Temporary Construction Easements be granted to Dean Pipeline Company, LLC, for the purpose of constructing, operating, maintaini ng, repairing and removing an 8-inch pipeline across two City owned properties southeast of the O.N. Stevens Water Treatment Plant and one on another site north of IH37 known as the O.N. Stevens Spill Tract in Corpus Christi, Nueces County, Texas, for the amount of $103,770 to be paid to the City. SECTION 2: Revenue in the amount of $103,770 is accepted from Dean Pipeline Company, LLC. SECTION 3: That the City Manager or designee is authorized to execute the Revocable Easement and other related documents for the conveyance of the revocable easement. 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 Joe McComb City Secretary Mayor 37 77 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES REVOCABLE PIPELINE EASEMENT TO DEAN PIPELINE COMPANY, LLC LOCATION MAP NOT TO SCALE TRACTS 76, 77 SPILLWAY TRACT, TRACT 82 37 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES REVOCABLE PIPELINE EASEMENT TO DEAN PIPELINE COMPANY, LLC VICINITY MAP NOT TO SCALE SPILLWAY TRACT UP RIVER RD.SHARPSBURG RD . N DEAN PIPELINE EASEMENT (TRACT 82) N CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBITREVOCABLE PIPELINE EASEMENT TO DEAN PIPELINE COMPANY, LLC DEPARTMENT OF ENGINEERING SERVICES VICINITY MAP NOT TO SCALERAILROAD Loma Alta Rd.City Land City Land EPIC Y-GRADE PIPELINE EASEMENT TEXSTAR PIPELINE EASEMENT DEAN PIPELINE EASEMENT (TRACT 77) DEAN PIPELINE EASEMENT (TRACT 76) Revocable Easement Dean Pipeline Company, LLC 1 of 17 REVOCABLE EASEMENT (Dean Pipeline Company, LLC – TX-NU-0076.10000) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469 -9277, (“Grantor”) acting by its duly authorized City Manager, or designee, (“City Manager”) in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by DEAN PIPELINE COMPANY, LLC, a Texas limited liability company, whose address is 1100 Louisiana, Suite 1000, Houston, Texas 77022 ("Grantee"), the receipt of which is acknowledged, and the further consideration of “Grantee” complying with the City’s Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City’s pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said DEAN PIPELINE COMPANY, LLC, a non-exclusive thirty-foot (30’) wide easement together with the right to install, operate, repair, replace, relocate and maintain one pipeline, not to exceed eight (8) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whet her in gaseous or liquid form, across, under and upon the land owned by Grantor described and shown on the attached Exhibit A and Exhibit B. TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor’s tract of land as described and shown on the attached and incorporated Exhibits "A” and “B”, for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. Revocable Easement Dean Pipeline Company, LLC 2 of 17 f) City Attorney means City's City Attorney or his designee. g) Grantee means Dean Pipeline Company, LLC. h) Improvements means one pipeline not to exceed eight (8) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers all within City property. i) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit “A” means the description of the Grantor’s land and Exhibit “B” means the survey map showing the location where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. l) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on -call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n ) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2-feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. Revocable Easement Dean Pipeline Company, LLC 3 of 17 o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City prope rty upon which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Code of Ordinances Chapter 35, Article VII, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 36-inches from existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12’) feet clearance between Grantee’s pipelines and any City water transmission pipelines. Grantee must notify the Texas One-Call for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. Grantee will maintain a minimum clearance of ten (10’) feet between Grantee’s pipeline and any existing concrete lined drainage channels located on Grantor’s property. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Day Revocation. Grantee understands and agrees that the right and Revocable Easement Dean Pipeline Company, LLC 4 of 17 easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee’s sole expense upon 60 days’ notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days’ notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right -of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right -of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction , for Director’s review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvemen ts from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60” TimeWarner - 12" KMC - 12" Wastewater - 18" SWB/AT&T - 12" ICG - 12" Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12" Storm Water - 18" ESPIRE - 12" Caprock - 12" The Grantee must provide the Director with a 11 x 17 " size reproducible set of as-built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. Revocable Easement Dean Pipeline Company, LLC 5 of 17 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self -insurance or insurance policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "C". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self-insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee’s Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee 's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor . Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident-relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or par t of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Public Information" under the Texas Pubic Information Act. City will contemporaneously notify Gra ntee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee ’s officers', agents', and/or employees' ("Grantee's Agents") and/or Grantee’s contractors’ negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, Revocable Easement Dean Pipeline Company, LLC 6 of 17 operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' or Grantee’s contractors’ use of the Revocable Easement Area. This provision shall continue so long as Grantee’s Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned. The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. Grantee, at Grantee’s expense, will record the Revocable Easement at the Office of the County Clerk, Nueces County Courthouse and Grantee will provide a recorded copy to Grantor. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Revocable Easement Dean Pipeline Company, LLC 7 of 17 The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency re pairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed adjacent to all pits. At a minimum the following items will be included in the permit: i) Bore. Grantee’s pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open-Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub-base, and replace with new concrete or asphalt. The pavement repair must consist of 5-inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3-inches and 2-inches or two lifts of 2.5-inches. The HMAC pavement must extend over the existing base for a width of 12-inches on either side of trench cut. Subgrade will be trenched with some prime coat MC- 70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type I Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8-inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to Revocable Easement Dean Pipeline Company, LLC 8 of 17 verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3-foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5-foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City construction standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's request. Contractor must take every precaution to not disturb the soil surrounding the existing City Utilities, including any and all thrust blocks. If Contractor’s work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Ea sement Area to make all repairs. All City’s costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non - residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. Revocable Easement Dean Pipeline Company, LLC 9 of 17 f) Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any other condition due to disturbing the soil along the Revocable Easement Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right -of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. i) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 10 of 17 k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. l) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the reproducible, as-built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Director a remediation plan that complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, or City purposes. Grantee will take full precaution when entering, using, and working within the Exhibit A and B easement area. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro-chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agr eement not herein expressed. [SIGNATURES ON THE FOLLOWING PAGES] Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 11 of 17 Executed this the day of , 2019 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Mark Van Vleck Assistant City Manager APPROVED AS TO LEGAL FORM: ______ day of _______________________, 2019 By: __________________________ Assistant City Attorney City Legal Department THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me this _____day of _________________, 2019, by Mark Van Vleck, Assistant City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. __________________________________ Notary Public, State of Texas Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 12 of 17 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2019, by ____________________________, in their capacity as ____________________ of Dean Pipeline Company, LLC, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement. Dean Pipeline Company, LLC By: ___________________________ Name: ___________________________ Title: ___________________________ THE STATE OF TEXAS § COUNTY OF _____________ § This instrument was acknowledged before me this day of _____________2019, by _______________________________ as _________________________of Dean Pipeline Company, LLC who declared that they executed the same for the purposes therein stated and with proper authority to do so. Notary Public, State of Texas Sheet 1 of 3 EXHIBIT A TX-NU-0076.10000 DEAN EXPANSION FIELD NOTES DESCRIPTION FOR A PROPOSED 30-FOOT WIDE PIPELINE EASEMENT TO BE ACQUIRED BY DEAN PIPELINE COMPANY, LLC ACROSS PROPERTY BELONGING TO CITY OF CORPUS CHRISTI LOCATED IN THE GREGORIO FARIAS GRANT SURVEY, A-592 NUECES COUNTY, TEXAS Description of a proposed 30-foot wide pipeline easement across property belonging to City of Corpus Christi, a called 4.93 acres, more or less, being described in Volume 1370, Page 27 of the Deed Records of Nueces County, Texas, located in the Gregorio Farias Grant Survey, A-592, Nueces County, Texas, and described as follows: Commencing at a found 1/2" iron pipe at the Southeast corner of property belonging to City of Corpus Christi, thence North 56 degrees 01 minutes 44 seconds West, for a distance of 657.31 feet to the POINT OF BEGINNING, and having coordinates of X=1,270,286.92 and Y=17,200,539.34, thence along the centerline of the said proposed pipeline easement as follows: Thence North 03 degrees 30 minutes 16 seconds West, for a distance of 251.11 feet to the POINT OF ENDING, having coordinates of X=1,270,271.57 and Y=17,200,789.98, which bears North 55 degrees 55 minutes 24 seconds West, for a distance of 387.28 feet from a found 3/4" rebar on the Northeast line of the property line belonging to City of Corpus Christi at its intersection with the Northwest line of Loma Alta Road, with a total length of 251.11 feet or 15.22 rods and affecting 0.17 acres. Temporary Workspace Temporary workspace being located along, parallel to, and adjacent to a 30-foot wide permanent easement described herein containing 0.16 acres of land, more or less, as shown on Exhibit "B" for the construction of the pipeline and appurtenant facilities. Additional Temporary Workspace In addition, adjacent to and across any and all highways, roads, streets, railroads, canals, ditches, streams or other waterways and pipelines and where the bearing of the easement changes, grantee shall have the right to use additional temporary workspace as shown on Exhibit "B" for the construction of the pipeline and appurtenant facilities. All workspaces shown on Exhibit "B" are for construction purposes only and are not a part of the easement. Temporary Access Road Description of a 20-foot wide temporary access road across property belonging to City of Corpus Christi, a called 4.93 acres, more or less, being described in Volume 1370, Page 27 of the Deed Records of Nueces County, Texas, located in the Gregorio Farias Grant Survey, A-592, Nueces County, Texas, and described as follows: Sheet 2 of 3 Commencing at a found 3/4" rebar at a point on the Northeast line of property belonging to City of Corpus Christi at its intersection with the Northwest line of Loma Alta Road, thence North 62 degrees 35 minutes 15 seconds West, for a distance of 310.93 feet to the POINT OF BEGINNING, and having coordinates of X=1,270,316.34 and Y=17,200,716.13, thence along the centerline of the said temporary access road as follows: Thence North 16 degrees 29 minutes 35 seconds West, for a distance of 56.81 feet to the POINT OF ENDING, having coordinates of X=1,270,300.21 and Y=17,200,770.61, with a total length of 56.81 feet or 3.44 rods and affecting 0.03 acres. All bearings, distances and coordinates are based on the NAD 83 (2011) Texas South Zone Coordinate System. The above described centerline of proposed 30-foot wide permanent pipeline easement is delineated on a plat prepared by C. H. Fenstermaker & Associates, L.L.C. dated August 18, 2019. _____________________________________ Leroy J. Gary, Jr., RPLS Texas RPLS Registration #6264 C. H. Fenstermaker & Associates, L.L.C. 135 Regency Square Lafayette, LA 70508 337-237-2200 August 18, 2019 Texas Firm No. 10028500 L1LINE TABLE LINE L1 BEARING N03° 30' 16"W DISTANCE 251.11' X = 1,270,592.35 Y = 17,200,572.99 X = 1,270,832.03 Y = 17,200,172.06 1,270,286.92 17,200,539.34 POINT OF BEGINNING X= Y= 1,270,271.57 17,200,789.98 POINT OF ENDING X= Y= EXHIBIT "B" LEGEND TOTAL = 0.36 ACRES SECTION / ABSTRACT LINE PROPERTY LINE CL PROPOSED EASEMENT = 251.11 FEET (15.22 RODS) NOTES: 1. THIS EXHIBIT REPRESENTS A PROPOSED EASEMENT / RIGHT-OF-WAY AND COMPLIES WITH TBPLS MINIMUM STANDARDS OF PRACTICE FOR AN EASEMENT SURVEY. 2. ALL BEARINGS, DISTANCES, AREAS AND COORDINATES REFER TO THE TEXAS COORDINATE SYSTEM NAD 83 (2011), SOUTH ZONE (4205) U.S. SURVEY FEET, GRID, FOR SURFACE LINEAR MEASURE DIVIDE BY COMBINED SCALE FACTOR = 0.999814473. 3. PARCEL LINES AS DEPICTED HEREON WERE BASED UPON LIMITED FIELD SURVEY & DESCRIPTIONS PROVIDED BY ENTERPRISE PRODUCTS, DEAN PIPELINE COMPANY, LLC OR ITS AGENTS. 4. PARCEL LIMITS REPRESENTED HEREON MAY NOT BE INCLUSIVE OF ALL PROPERTY OWNED BY LANDOWNER NOTED. 5. ABSTRACT LINES SHOWN HEREON ARE TAKEN FROM DIGITIZED SOURCES AND MAY NOT REFLECT ACTUAL GROUND LOCATIONS. 6. FOR ADDITIONAL INFORMATION, SEE ATTACHED LEGAL DESCRIPTION (EXHIBIT "A"). SHEET 3 OF 3 ALL WORKSPACES SHOWN ARE FOR CONSTRUCTION PURPOSES ONLY AND ARE NOT A PART OF THE EASEMENT. 0 C. H. Fenstermaker & Associates, L.L.C. 135 Regency Sq. Lafayette, LA 70508 Ph. 337-237-2200 Fax. 337-232-3299 www.fenstermaker.com FILENAME: DATE: REVISIONSPROJ. MGR.: No.DATE: No.DATE: REVISED BY: REVISED BY: CHIEF INSP.: 100'50'100' Scale: 1" = 100'NAD 83 (2011) ZONE TEXAS SOUTHTexas Firm No. 10028500 08/16/2019 JCF T:\2019\2190379\DWG\ROW_FILES\NUECES\TX-NU-0076.10000.dwg 0 SJM08/18/2019 DEAN PIPELINE COMPANY, LLC PROPOSED 30-FOOT WIDE PIPELINE EASEMENT CITY OF CORPUS CHRISTI 251.11 FEET (15.22 RODS) GREGORIO FARIAS GRANT SURVEY, A-592, NUECES COUNTY, TEXAS DEAN EXPANSION POINT OF COMMENCEMENT FND. 1/2" IRON PIPE (SOUTHEAST CORNER OF PROPERTY BELONGING TO CITY OF CORPUS CHRISTI) TX-NU-0075.10000 JOHN BICKHAM OPR 2016049127 NORMA ESPARZA BARNARD & HUSBAND RICHARD ALAN BANHARD TX-NU-0077.10000 CITY OF CORPUS CHRISTI CAUSE NO. 71 MINUTES OF COUNTY THE COURT PERMANENT EASEMENT = ACRES0.17 ADD. TEMP. WORKSPACE = ACRES0.16 TEMP. ACCESS ROAD = 0.03 ACRES CL PROPOSED EASEMENTPERMANENT EASEMENT15'15' INSET A NOT TO SCALEPERMANENT EASEMENTGREGORIO FARIAS GRANT A-592 TX-NU-0076.10000 CITY OF CORPUS CHRISTI CALLED 4.93 ACRES, MORE OR LESS, DR VOL. 1370, PG. 27 NUECES COUNTY, TEXAS CL PROPOSED EASEMENT SEE INSET A ADDITIONAL TEMPORARY WORKSPACE FND. 3/4" REBAR (POINT ON NORTHEAST LINE OF PROPERTY BELONGING TO CITY OF CORPUS CHRISTI) N 5 6 ° 0 1 ' 4 4 " W - 6 5 7 . 3 1 ' N 5 5 ° 5 5 ' 2 4 " W - 3 8 7 . 2 8 ' TX-NU-0076.10070 TEMPORARY ACCESS ROAD (0.03 ACRES) ±20' X 56.81'251'220'49 ' 30' TAR POINT OF BEGINNING X= 1,270,316.34 Y=17,200,716.13 TAR LINE TABLE LINE BEARING DISTANCE L1 N 16° 29' 35" W 56.81' FND. 3/4" IRON PIPE POC POB POE TRACT DETAIL NOT TO SCALE N6 2 ° 3 5 ' 1 5 " W - 3 1 0 . 9 3 ' TAR POINT OF ENDING X= 1,270,300.21 Y=17,200,770.61 Registration No. FOR THE EXCLUSIVE USE OF Land Surveyor, do hereby state this plat is true and correct to the best of my knowledge. Registered Professional Land Surveyor DEAN PIPELINE COMPANY, LLC I, Leroy J. Gary, Jr., Registered Professional 6264 Leroy J. Gary, Jr. LOMA ALTAROADFND. 1/2" REBAR N 5 6 ° 0 1 ' 4 4 " W - 3 8 5 . 8 2 ' ES S I E FRPO GER SI T LANO E R DLEROY J. GARY, JR. 6264STATE O F T E X AS08/18/19 LAN D S U R V E YOR Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 15 of 17 EXHIBIT C INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City’s Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY (including): 1. Commercial Broad Form 2. Premises – Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non-owned Vehicles $1,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation $5,000,000 Per Claim $5,000,000 Aggregate Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 16 of 17 WORKERS’ COMPENSATION All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS’ LIABILITY Which Complies With The Texas Workers’ Compensation Act $500,000/$500,000/$500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers’ compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers’ compensation obligations incurred will be promptly met. An “All States” endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3980 D. Grantee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 17 of 17 respects 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 and professional liability polices; Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Grantee'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 Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Grantee'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. Revocable Easement ins. req. 6/27/2013 ds Risk Mgmt. Revocable Easement Dean Pipeline Company, LLC 1 of 17 REVOCABLE EASEMENT (Dean Pipeline Company, LLC – TX-NU-0077.10000) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469 -9277, (“Grantor”) acting by its duly authorized City Manager, or designee, (“City Manager”) in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by DEAN PIPELINE COMPANY, LLC, a Texas limited liability company, whose address is 1100 Louisiana, Suite 1000, Houston, Texas 77022 ("Grantee"), the receipt of which is acknowledged, and the further consideration of “Grantee” complying with the City’s Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City’s pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said DEAN PIPELINE COMPANY, LLC, a non-exclusive thirty-foot (30’) wide easement together with the right to install, operate, repair, replace, relocate and maintain one pipeline, not to exceed eight (8) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whet her in gaseous or liquid form, across, under and upon the land owned by Grantor described and shown on the attached Exhibit A and Exhibit B. TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor’s tract of land as described and shown on the attached and incorporated Exhibits "A” and “B”, for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. Revocable Easement Dean Pipeline Company, LLC 2 of 17 f) City Attorney means City's City Attorney or his designee. g) Grantee means Dean Pipeline Company, LLC. h) Improvements means one pipeline not to exceed eight (8) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers all within City property. i) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit “A” means the description of the Grantor’s land and Exhibit “B” means the survey map showing the location where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. l) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on -call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n ) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2-feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. Revocable Easement Dean Pipeline Company, LLC 3 of 17 o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City prope rty upon which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Code of Ordinances Chapter 35, Article VII, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 36-inches from existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12’) feet clearance between Grantee’s pipelines and any City water transmission pipelines. Grantee must notify the Texas One-Call for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. Grantee will maintain a minimum clearance of ten (10’) feet between Grantee’s pipeline and any existing concrete lined drainage channels located on Grantor’s property. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Day Revocation. Grantee understands and agrees that the right and Revocable Easement Dean Pipeline Company, LLC 4 of 17 easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee’s sole expense upon 60 days’ notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days’ notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right -of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right -of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction , for Director’s review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvemen ts from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60” TimeWarner - 12" KMC - 12" Wastewater - 18" SWB/AT&T - 12" ICG - 12" Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12" Storm Water - 18" ESPIRE - 12" Caprock - 12" The Grantee must provide the Director with a 11 x 17 " size reproducible set of as-built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. Revocable Easement Dean Pipeline Company, LLC 5 of 17 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self -insurance or insurance policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "C". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self-insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee’s Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee 's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor . Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident-relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or par t of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Public Information" under the Texas Pubic Information Act. City will contemporaneously notify Gra ntee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee ’s officers', agents', and/or employees' ("Grantee's Agents") and/or Grantee’s contractors’ negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, Revocable Easement Dean Pipeline Company, LLC 6 of 17 operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' or Grantee’s contractors’ use of the Revocable Easement Area. This provision shall continue so long as Grantee’s Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned. The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. Grantee, at Grantee’s expense, will record the Revocable Easement at the Office of the County Clerk, Nueces County Courthouse and Grantee will provide a recorded copy to Grantor. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Revocable Easement Dean Pipeline Company, LLC 7 of 17 The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency re pairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed adjacent to all pits. At a minimum the following items will be included in the permit: i) Bore. Grantee’s pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open-Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub-base, and replace with new concrete or asphalt. The pavement repair must consist of 5-inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3-inches and 2-inches or two lifts of 2.5-inches. The HMAC pavement must extend over the existing base for a width of 12-inches on either side of trench cut. Subgrade will be trenched with some prime coat MC- 70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type I Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8-inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to Revocable Easement Dean Pipeline Company, LLC 8 of 17 verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3-foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5-foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City construction standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's request. Contractor must take every precaution to not disturb the soil surrounding the existing City Utilities, including any and all thrust blocks. If Contractor’s work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Ea sement Area to make all repairs. All City’s costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non - residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. Revocable Easement Dean Pipeline Company, LLC 9 of 17 f) Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any other condition due to disturbing the soil along the Revocable Easement Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right -of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. i) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 10 of 17 k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. l) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the reproducible, as-built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Director a remediation plan that complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, or City purposes. Grantee will take full precaution when entering, using, and working within the Exhibit A and B easement area. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro-chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agr eement not herein expressed. [SIGNATURES ON THE FOLLOWING PAGES] Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 11 of 17 Executed this the day of , 2019 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Mark Van Vleck Assistant City Manager APPROVED AS TO LEGAL FORM: ______ day of _______________________, 2019 By: __________________________ Assistant City Attorney City Legal Department THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me this _____day of _________________, 2019, by Mark Van Vleck, Assistant City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. __________________________________ Notary Public, State of Texas Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 12 of 17 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2019, by ____________________________, in their capacity as ____________________ of Dean Pipeline Company, LLC, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement. Dean Pipeline Company, LLC By: ___________________________ Name: ___________________________ Title: ___________________________ THE STATE OF TEXAS § COUNTY OF _____________ § This instrument was acknowledged before me this day of _____________2019, by _______________________________ as _________________________of Dean Pipeline Company, LLC who declared that they executed the same for the purposes therein stated and with proper authority to do so. Notary Public, State of Texas EXHIBIT ATX-NU-0077.10000DEAN EXPANSIONFIELD NOTES DESCRIPTIONF'OR A PROPOSED 3O.F'OOT WIDE PIPELINE EASEMENT TO BE ACQUIREI)BY DEAN PIPELINE COMPANY, LLCACROSS PROPERTY BELONGING TOCITY OF CORPUS CHRISTILOCATED IN THE GREGORIO FARIAS GRANT SURVEY, A.592,NUECES COUNTY, TEXASDescription of a proposed 30-foot wide pipeline easement across property belonging to City ofCorpus Christi, a called 13.963 acres, more or less, located in the Gregorio Farias Grant Survey,A-592,Nueces County, Texas and described as follows:Commencing at a found ll2" konrod at the Southeast corner of property belonging to City ofCorpus Christi, thence North 33 degrees 56 minutes 59 seconds East, for a distance of 0.35 feetto the PorNT oF BEGTNNING, and having coordinates of x:1,270,271.54 mdY:17,200,790.43, thence along the centerline of the said proposed pipeline easement describedas follows:Thence North 03 degrees 30 minutes 16 seconds West, for a distance of 180.88 feet to a point;Thence North 28 degrees 35 minutes 20 seconds East, for a distance of 425.84 feet to u poittt;Thence North 09 degrees 3 I minutes 19 seconds West, for a distan ce of 90.42 feet to a foint;Thence North 23 degrees 48 minutes 03 seconds East, for a distance of 187.85 feet to thePOINT oF ENDTNG, having coordinates of x:1,270,52s.11 and y:17,201,605.94, whichbears North 56 degrees 06 minutes 29 seconds West, a distance of 245.09 feet from a found 3/4"iron pipe at the Northeast corner of property belonging to City of Corpus Christi, with a totallength of 884.99 feet or 53.64 rods and affecting 0.60 acres.Temporary WorkspaceTemporary workspace being located along, parallel to, and adjacent to a 3O-foot wide permanenteasement described herein containing 1.26 acres of land, more or less, as shown on Exhibit "B"for the construction of the pipeline and appurtenant facilities.Additional Temporary WorkspaceIn addition, adjacent to and across any and all highways, roads, streets, railroads, canals, ditches,streams or other waterways and pipelines and where the bearing of the easement changes,grantee shall have the right to use additional temporary workspace as shown on Exhibit "B" forthe construction of the pipeline and appurtenant facilities.All workspaces shown on Exhibit "B" are for construction purposes only and are not a part of theeasement.Temporary Access RoadDescription of a 20-foot wide temporary access road across property belonging to City of CorpusChristi, a called 13.963 acres, more or less, located in the Gregorio Farias Grant Survey, A-5g2,Nueces County, Texas and described as follows:Segment 1Commencingata found 314" ironpipe at the Northeast corner of property belonging to City ofCorpus Christi, thence North 56 degrees 06 minutes 29 seconds West, for a distance of 190.16feet to the PorNT oF BEGINNING, and having coordinates of x:1,270,570.71 and,Y:17,201,575.30, thence along the centerline of the said temporary access road described asfollows:SHEET 1 OF 3 Thence South 18 degrees 05 minutes 49 seconds West, for a distance of 82.27 feet to the POINTOF ENDING, having coordinates of X:1,270,545.15 andY:L7,201,497.11, with a total lengthof 82.27 feet or {!!1qdq and affecting 0.04 acres.Segment 2Commencingata found 314" ironpipe at the Northeast corner of property belonging to City ofCorpus Christi, thence South 47 degrees 26 minutes 48 seconds West, for a distance of 383.92feet to the PoINT oF BEGINNING, and having coordinates of x:1,270,445.74 andY:17,201,209.63,thence along the centerline of the said temporary access road described asfollows:Thence South 24 degrees 03 minutes 10 seconds West, for a distan ce of 342.70 feet to a point;Thence South l4 degrees 44 minutes 32 seconds West, for a distance of 50.95 feet to a point;Thence South 03 degrees 30 minutes 16 seconds East, for a distance of 22.92 feet to the POINTOF ENDING, having coordinates of X:1,270,294.50 andY:L7,200,824.53,with a total lengthof 416.57 feet or 25.24 rods and affecting 0.19 acres, resulting in a combined total length oi498.84 feet or 30.23 rods and affecting 0.23 acresAll bearings, distances and coordinates are based on the NAD 83 (2011) Texas South ZoneCoordinate System. The above described centerline of proposed 3O-foot wide permanent pipelineeasement is delineated on a plat prepared by C. H. Fenstermaker & Associates, L.L.C. daiedAugust 17,2019.Texas RPLS Registration #6024C. H. Fenstermaker & Associates, L.L.C.135 Regency SquareLafayette, LA 70508337-237-2200Texas Firm No. 10028500R. JO${ESBEXSHEET 2 OF'3 DISTANCE82.27'DISTANCEDISTANCE342.7o',50.95'22.92'180.88'425.84',90.42',187.85'TRACT DETAILBEARINGN03'30'16'WN28" 35',20'EN09'31'19"WN23'48',03"EBEARINGs 18' 05'49'WBEARINGs 24' 03'10" Ws 14" 44',32'Ws 03" 30'16'EREVISED BY: SJMREVISED BY:LINE TABLELINEL1L2L3L4TARSEGMENTl LINETABLELINEL1TAR SEGMENT 2 LINE TABLELINEL2L3L4DATE:0811712O19f:\llnl^, Ell trQlt\ll lE.^DATErAR (SEGMENT 2)POINT OF BEGINNING{= 1,270,445.74l= 17,201,209.63REVISIONSNo.0No.l70lN/rAR (SEGMENT 1)POINT OF BEGINNING[= 1,270,570.71l= 17,201,575.30rAR (SEGMENT 2)POINT OF ENDING{= 1,270,294.50l= 17,200,824.53tsc))DEAN EXPANSIONPROPOSED 3O.FOOT WIDE PIPELINE EASEMENTCITY OF CORPUS CHRISTICOUNTY. TEXAS884.99GREGORIO FARIAS GRANTDEAN PIPELINEPROJ. MGR.: JCFCHIEF INSP.:DATE:08/16/2019u-0077.1E: T:\2019U1e17790.43541794JtrAR (SESMENT 1)POINT OF ENDING)(=l=1,270,545.1517,201,497.1160'TX-NU-0077.10000CITY OF CORPUS CHRISTICALLED 13.963 ACRES, MORE OR LESS,NUECES COUNTY, TEXASPOINT OF COIJ|MENCEMENTX = 1,270,728.56I = 17,201 ,469.27FND.3/4" IRON PIPE(NORTHEAST CORNER OFPROPERW BELONGING TO CITYoF coRPUS CHRtSTt)CL TEMPORARY ACCESS ROADADDITIONALTEMPORARYWORKSPACECL PROPOSED EASEMENTTX-NU-0077.1 0070SEGMENT 2TEMPORARYACCESS ROAD(0.1 9 ACRES) t2O' X 4't6.s7'CL TEMPOMRY ACCESS ROADTX-NU-0077.1 0070SEGMENT 1TEMPORARYACCESS ROAD(0.04 AcRES)t20'x82.27',TX-NU-0076.1 0000CITY OF CORPUS CHRISI/DR VOL. 1370,PG.27GREGORIOFARIAS GRANTA-592NOT TO SCALEINSET BNOTTO SCALEINSET AADDITIONALTEMPORARYWORKSPACESEE INSET B199'uTX-NU-0076.1 0000ctwoF coRPUS CHRIST|voL.1370,PG.27NOTES:1. THIS EXHIBIT REPRESENTS A PROPOSED EASEMENT / RIGHT.OF.WAY AND COMPLIESWTH TBPLS MINIMUM STANDARDS OF PRACTICE FOR AN EASEMENT SURVEY.2. ALL BEARINGS, DISTANCES, AREAS AND COORDINATES REFER TO THE TEXASCOORDINATE SYSTEM NAD 83 (2011), SOUTH ZONE (4205) U.S. SURVEY FEET, GRID, FORsuRFAcE LINEAR MEASURE DtvrDE BY COMBTNED scALE FAcroR = 0.999814423.3. PARCEL LINES AS DEPICTED HEREON \A/ERE BASED UPON LIMITED FIELD SURVEY &DESCRIPTIONS PROVIDED BY ENTERPRISE PRODUCTS, DEAN PIPELINE COMPANY, LLC ORITS AGENTS.4. PARCEL LIMITS REPRESENTED HEREON MAY NOT BE INCLUSIVE OFALL PROPERTYOITNED BY LANDOIINER NOTED.5. ABSTMCT LINES SHOIIN HEREON ARE TAKEN FROM DIGITIZED SOURCES AND MAY NOTREFLECT ACTUAL GROUND LOCATIONS.30FALL WORKSPACES SHOWN ARE FORCONSTRUCTION PURPOSES ONLY ANDARE NOT A PART OF THE EASEMENT.ADDITIONALTEMPORARYWORKSPACEl, RexPOINT OFf= 1,270,271.34Y= 17,200,790.13FND. 1/2'IRON ROD(SOUTHEAST CORNER OFPROPERW BELONGING TOcrry oF coRPUS CHRtSTt)OFLand SurveyorRegistration No.6024SEE INSETAN33'56'59"E - 0.35',is trueLEGENDSECTION /ABSTRACT LINELandandNpROpERTy L1NE 6. FOR ADDITIOML INFORMATION, SEE ATTACHED LEGAL DESCRIPTION (EXH;B;T,A,).-F-F CL PROPOSED EASEMENT = 884.99 FEET (53.64 RODS)f ] eERMANENTEASEMENT = 0.60 ACRESVZZ TEMpoRARywoRKSpACE= 1.26 AcRES&glA ADD. rEMp. woRKSpAcE = 2.02 ACRESE rEMp.AccEssRoAD = 0.23 ACRESscare: 1" = roo' totot = 4 11 AGRES200' 0 100' 200,EXHIBIT ''B''state6024C. H. Fenstermaker & Associates, L.L.C.135 Regency Sq. Lafayette, LA 70508Ph. 337 -237 -22oO F ax. 337 -232-9299www.fenstermaker.comTexas Firm No. 10028500 Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 15 of 17 EXHIBIT C INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City’s Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY (including): 1. Commercial Broad Form 2. Premises – Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non-owned Vehicles $1,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation $5,000,000 Per Claim $5,000,000 Aggregate Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 16 of 17 WORKERS’ COMPENSATION All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS’ LIABILITY Which Complies With The Texas Workers’ Compensation Act $500,000/$500,000/$500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers’ compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers’ compensation obligations incurred will be promptly met. An “All States” endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3980 D. Grantee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 17 of 17 respects 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 and professional liability polices; Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Grantee'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 Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Grantee'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. Revocable Easement ins. req. 6/27/2013 ds Risk Mgmt. Revocable Easement Dean Pipeline Company, LLC 1 of 17 REVOCABLE EASEMENT (Dean Pipeline Company, LLC – TX-NU-0082.20000) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469 -9277, (“Grantor”) acting by its duly authorized City Manager, or designee, (“City Manager”) in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by DEAN PIPELINE COMPANY, LLC, a Texas limited liability company, whose address is 1100 Louisiana, Suite 1000, Houston, Texas 77022 ("Grantee"), the receipt of which is acknowledged, and the further consideration of “Grantee” complying with the City’s Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City’s pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said DEAN PIPELINE COMPANY, LLC, a non-exclusive thirty-foot (30’) wide easement together with the right to install, operate, repair, replace, relocate and maintain one pipeline, not to exceed eight (8) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whet her in gaseous or liquid form, across, under and upon the land owned by Grantor described and shown on the attached Exhibit A and Exhibit B. TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor’s tract of land as described and shown on the attached and incorporated Exhibits "A” and “B”, for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. Revocable Easement Dean Pipeline Company, LLC 2 of 17 f) City Attorney means City's City Attorney or his designee. g) Grantee means Dean Pipeline Company, LLC. h) Improvements means one pipeline not to exceed eight (8) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers all within City property. i) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit “A” means the description of the Grantor’s land and Exhibit “B” means the survey map showing the location where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. l) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on -call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n ) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2-feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. Revocable Easement Dean Pipeline Company, LLC 3 of 17 o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City prope rty upon which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Code of Ordinances Chapter 35, Article VII, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 36-inches from existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12’) feet clearance between Grantee’s pipelines and any City water transmission pipelines. Grantee must notify the Texas One-Call for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. Grantee will maintain a minimum clearance of ten (10’) feet between Grantee’s pipeline and any existing concrete lined drainage channels located on Grantor’s property. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Day Revocation. Grantee understands and agrees that the right and Revocable Easement Dean Pipeline Company, LLC 4 of 17 easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee’s sole expense upon 60 days’ notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days’ notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right -of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right -of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction , for Director’s review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvemen ts from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60” TimeWarner - 12" KMC - 12" Wastewater - 18" SWB/AT&T - 12" ICG - 12" Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12" Storm Water - 18" ESPIRE - 12" Caprock - 12" The Grantee must provide the Director with a 11 x 17 " size reproducible set of as-built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. Revocable Easement Dean Pipeline Company, LLC 5 of 17 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self -insurance or insurance policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "C". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self-insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee’s Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee 's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor . Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident-relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or par t of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Public Information" under the Texas Pubic Information Act. City will contemporaneously notify Gra ntee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee ’s officers', agents', and/or employees' ("Grantee's Agents") and/or Grantee’s contractors’ negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, Revocable Easement Dean Pipeline Company, LLC 6 of 17 operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' or Grantee’s contractors’ use of the Revocable Easement Area. This provision shall continue so long as Grantee’s Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned. The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. Grantee, at Grantee’s expense, will record the Revocable Easement at the Office of the County Clerk, Nueces County Courthouse and Grantee will provide a recorded copy to Grantor. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Revocable Easement Dean Pipeline Company, LLC 7 of 17 The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency re pairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed adjacent to all pits. At a minimum the following items will be included in the permit: i) Bore. Grantee’s pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open-Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub-base, and replace with new concrete or asphalt. The pavement repair must consist of 5-inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3-inches and 2-inches or two lifts of 2.5-inches. The HMAC pavement must extend over the existing base for a width of 12-inches on either side of trench cut. Subgrade will be trenched with some prime coat MC- 70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type I Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8-inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to Revocable Easement Dean Pipeline Company, LLC 8 of 17 verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3-foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5-foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City construction standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's request. Contractor must take every precaution to not disturb the soil surrounding the existing City Utilities, including any and all thrust blocks. If Contractor’s work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Ea sement Area to make all repairs. All City’s costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non - residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. Revocable Easement Dean Pipeline Company, LLC 9 of 17 f) Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any other condition due to disturbing the soil along the Revocable Easement Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right -of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. i) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 10 of 17 k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. l) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the reproducible, as-built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Director a remediation plan that complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, or City purposes. Grantee will take full precaution when entering, using, and working within the Exhibit A and B easement area. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro-chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agr eement not herein expressed. [SIGNATURES ON THE FOLLOWING PAGES] Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 11 of 17 Executed this the day of , 2019 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Mark Van Vleck Assistant City Manager APPROVED AS TO LEGAL FORM: ______ day of _______________________, 2019 By: __________________________ Assistant City Attorney City Legal Department THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me this _____day of _________________, 2019, by Mark Van Vleck, Assistant City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. __________________________________ Notary Public, State of Texas Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 12 of 17 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2019, by ____________________________, in their capacity as ____________________ of Dean Pipeline Company, LLC, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement. Dean Pipeline Company, LLC By: ___________________________ Name: ___________________________ Title: ___________________________ THE STATE OF TEXAS § COUNTY OF _____________ § This instrument was acknowledged before me this day of _____________2019, by _______________________________ as _________________________of Dean Pipeline Company, LLC who declared that they executed the same for the purposes therein stated and with proper authority to do so. Notary Public, State of Texas EXHIBIT ATX-NU-0082.20000DEAN EXPANSIONFIELD NOTES DESCRIPTIONFOR A PROPOSED 30- FOOT WrDE PIPELINE EASEMENT TO BE ACQUIREDBY DEAN PIPELINE COMPANY, LLCACROSS PROPERTY BELONGING TOCITY OF CORPUS CHRISTILOCATED IN THE GREGORIO FARIAS GRANT SURVEY, A-592,NUECES COUNTY, TEXASDescription of a proposed 30- foot wide pipeline easement across property belonging to City ofCorpus Christi, a called 37.806 acres, more or less, being described in Volume 672,Page 346 ofthe Deed Records of Nueces County, Texas, located in the Gregorio Farias Grant Survey, A-592,Nueces County, Texas, and described as follows:Commencingat a found iron rod on the Southwest corner of property belonging to SeadriftPipeline Cotp., thence South 52 degrees 28 minutes 32 seconds West, for a distance of 139.40feet to the POINT OF BEGINNING, and having coordinates of X:1,270,846.14 andY:l'l,202,946.86, thence along the centerline of the said proposed pipeline easement describedas follows:Thence North 06 degrees 06 minutes 30 seconds East, for a distance of 402.68 feet to a point;Thence North 05 degrees 48 minutes 51 seconds East, for a distance of 168.58 feet to a point;Thence North 21 degrees 49 minutes 16 seconds West, for a distance of 815.35 feet to a point;Thence North 24 degrees 16 minutes 05 seconds East, for a distance of 176.02 feet to a point;Thence North 55 degrees 36 minutes 18 seconds West, for a distance of 88.41 feet to the POINTOF ENDING , having coordinates of X:1,270,602.39 andY:17,204,482.31, which bears South75 degrees 54 minutes 44 seconds West, a distance of 762.29 feet from a found 2" iron pipe at amost westerly Southeast corner of property belonging to Coastal Bend Bays & EstuariesProgram, Inc, with a total length of 1.651.04 feet or 100.06 rods and affecting 1.14 acres.Temporary WorkspaceTemporary workspace being located along, parallel to, and adjacent to a 30- foot wide permanenteasement described herein containing 0.69 acres of land, more or less, as shown on Exhibit "B"for the construction of the pipeline and appurtenant facilities.Additional Temporary WorkspaceIn addition, adjacent to and across any and all highways, roads, streets, railroads, canals, ditches,streams or other waterways and pipelines and where the bearing of the easement changes,grantee shall have the right to use additional temporary workspace as shown on Exhibit "B" forthe construction of the pipeline and appurtenant facilities.All workspaces shown on Exhibit "B" are for construction purposes only and are not a part of theeasement.SHEET 1 OF 3 6i]24BEX M. JONESAll bearings, distances and coordinates are based on the NAD 83 (2011) Texas South ZoneCoordinate System.described centerline of proposed 30- foot wide permanentpipeline easementplat prepared by C. H. Fenstermaker & Associates, L.L.Cdated August 19lt?Rex R. JTexas RPLSC. H. Fenstermaker & Associates, L.L.C.135 Regency SquareLafayette, LA 70508337-237-2200Texas FirmNo. 10028500SHEET 2 OF 3 IINSET BNOT TO SCALE{INSET ANOT TO SCALEDEAN EXPANSIONPROPOSED 3O.FOOT WIDE PIPELINE EASEMENTCIry OF CORPUS CHRISTI1,651.04 FEET (100.06 RODS)INEGORIO FARIAS GRANT SURVEYES COUNTYJTX-NU-0082.20000CITY OF CORPUS CHRISTICALLED 37.806 ACRES, MORE OR LESS,DR VOL. 672, PG. 346NUECES COUNTY. TEXASFND. 1'' IRON PIPEFND. 3/4'' IRON RODSEE INSET BADDITIONALTEMPORARYWORKSPACEGREGORIOFARIAS GRANTA-592ADDITIONALTEMPORARYWORKSPACECL PROPOSEDEASEMENTs(o$17,202,946.861,270,846.DISTANCE88.41'402.68'176.02','t68.58'815.35'LINE TABLEN55'36'18"WBEARINGN24" 16'05'EN06" 06'30'EN21"49',16'WN05'48'51"ELINEL51,1L4L2L3JegL1$$}r}'JBp{6L$9eFLCOASTAL BEND BAYS &ESTUARIES PROGRAM, INC.oPR 200601 7445(MOST WESTERLY SOUTHEAST CORNER OFPROPERTY BELONGING TO COASTAL BENDBEND BAYS & ESTUARIES PROGRAM, INC.6'1'FND 2" IRON PIPEx- 1,27't,341.75Y= 17,204,667.861,270,602.3917,204,482.31s75'54'44" W33.34',RENE HERMNOEZFND. 5/8'' REBAR WCAPEMERITA MADDITIONALTEMPORARYWORKSPACESHARPSBURDADDITIONALTEMPORARYWORKSPACESEADRIFT PIPELINE CORPDR. VOL. 2107. PG.963FND. IRONROD W CAPFND. ,I/2" IRON RODFND.2'IRON PIPETX-NU-0079.20013r-37 COORTDORSEE INSET AFND. 1 1/2'' IRON PIPETX-NU-0080.20010UP-RIVER ROADPOINT OF COMMENCEMENTf= 1,270,956.70Y= 17,203,031.77FND.IRON ROD(SoUTHWEST CORNER OFPROPERW BELONGING TOSEADRtFT PTPELtNE CORP.)s52"28',32" W139.4o',OFNOTES:1. THIS EXHIBIT REPRESENTS A PROPOSED EASEMENT / RIGHT-OF-WAY AND COMPLIESW|TH TBPLS MINIMUM STANDARDS OF PRACTICE FOR AN EASEMENT SURVEY., LLCt,is true2. ALL BEARINGS, DISTANCES, AREAS AND COORDINATES REFER TO THE TEXAScooRDTNATE SYSTEM NAD 83 (2011), SOUTH ZONE (420s) U.S. SURVEY FEET, cRtD, FORSURFACE LINEAR MEASURE DIVIDE BY COMBINED SCALE FACTOR = 0.999814473.t,q3. PARCEL LINES AS DEPICTED HEREON WERE BASED UPON LIMITED FIELD SURVEY &DESCRIPTIONS PROVIDED BY ENTERPRISE PRODUCTS, DEAN PIPELINE COMPANY, LLC ORITS AGENTS.Professional Land Surveyor4. PARCEL LIMITS REPRESENTED HEREON MAY NOT BE INCLUSIVE OFALL PROPERWO\A/NED BY TANDO\ANER NOTED.Registration No.6024/sNLEGENDSECTION / ABSTMCT LINEPROPERTY LINE5. ABSTRACT LINES SHO!\N HEREON ARE TAKEN FROM DIGITIZED SOURCES AND MAY NOTREFLECT ACTUAL GROUND LOCATIONS.6. FOR ADDTTTONAL |NFORMATION, SEE ATTACHED LEGAL DESCR|pTtON (EXH|B|T.A).#CL PROPOSED EASEMENT = 1,651 .04 FEET (1 00.06 RODS)T- -l pERMANENTEASEMENT = 1.14 ACRESn -/Z rEMpoRARywoRKSpAcE= 1.01 ACRES6ig)! ADD. rEMp. woRKSpAcE = o.6s AcRESTOTAL =2.84ACRESScale: 1" = 300'300' 0 150' 300'EXHIBIT ''B''SHEET6424135 Regency Sq. Lafayette, LA 70508Pn. 337 -237 -2200 F ax. 337 -232-3299www.fenstermaker.comTexas Firm No. 1 0028500ILES\NREVISED BY: MMMDATE: 08/1 9/201 9REVISIONSDATE:REVISED BY:No.0No.PROJ. MGR.:JCFCHIEF INSPDATE:08/19/2019C. H. Fenstermaker & Associates, L.L.FILENAME: T:\2019\21 Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 15 of 17 EXHIBIT C INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City’s Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY (including): 1. Commercial Broad Form 2. Premises – Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non-owned Vehicles $1,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation $5,000,000 Per Claim $5,000,000 Aggregate Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 16 of 17 WORKERS’ COMPENSATION All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS’ LIABILITY Which Complies With The Texas Workers’ Compensation Act $500,000/$500,000/$500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers’ compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers’ compensation obligations incurred will be promptly met. An “All States” endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3980 D. Grantee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as Revocable Easement Dean Pipeline Company, LLC TX-NU-0076.10000 17 of 17 respects 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 and professional liability polices; Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Grantee'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 Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Grantee'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. Revocable Easement ins. req. 6/27/2013 ds Risk Mgmt. DATE: October 29, 2019 TO: Peter Zanoni, 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 CAPTION: Ordinance approving the purchase of twenty-six pickup trucks for a total amount not to exceed $951,159.04 from Silsbee Ford of Silsbee, Texas via the GoodBuy Purchasing Cooperative to be used by the Utilities Department’s staff for daily operations; appropriating $951,159.04 from the unreserved fund balance in the Water Fund, the Wastewater Fund, and the Storm Water Fund that was previously budgeted in FY 2019 for this purpose but not encumbered; and amending the FY 2019-2020 operating budget to increase expenditures. SUMMARY: This ordinance authorizes a purchase from Silsbee Ford of Silsbee, Texas, for twenty-six pickup trucks, of which twenty-five of these units are replacement units that are irreparably damaged or have exceeded their useful service life of eight years, and one is an addition to the fleet. The total amount not to exceed is $951,159.04. Type of Vehicle Fleet Status Quantity 2019 Ford F-250 Crew Cab 4x4 All Replacements 1 2019 Ford Ranger All Replacements 4 2019 Ford F-150 Regular Cab 1 New /12 Replacement 13 2019 Ford F-250 Regular Cab All Replacements 3 2020 Ford F-450 Regular Cab All Replacements 1 2020 Ford F-550 Regular Cab All Replacements 4 Total 26 Purchase of Twenty-Six Pickup Trucks for Utilities AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 29, 2019 Second Reading Ordinance for the City Council Meeting of November 12, 2019 BACKGROUND AND FINDINGS: The pickup trucks are used daily by the Utilities Department to support raw water supply operations, water and wastewater treatment operations, water quality sampling, and maintenance, repair, and construction work associated with the City’s water distribution system, wastewater collection system, and stormwater system. These twenty-five replacement trucks and one new truck allows for a more efficient and timely response by the Utilities Department to better serve the needs of citizens. The procurement is through the GoodBuy Cooperative. Contracts awarded through the GoodBuy Cooperative have been competitively procured and are in compliance with Texas Local and State procurement requirements. ALTERNATIVES: The equipment can be rented. However, th is will not be cost-effective for the long-term, and the equipment may not be readily available when needed. Another option is to operate the current equipment until it fails. FISCAL IMPACT: These twenty-six trucks were a part of the FY18-19 Utilities’ Capital Outlay Budget and will be an outright purchase in the amount of $951,159.04 to be paid from Water, Wastewater, and Storm Water Funds. This purchase with Silsbee Ford is for twenty-five replacement trucks and one new truck to be used by the Utilities Department staff for daily operations. Funding Detail: Fund: 4010 Water Fund Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: 251850 Unreserved Fund Balance Amount: $465,181.35 Fund: 4200 Wastewater Fund Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: 251850 Unreserved Fund Balance Amount: $303,757.14 Fund: 4300 Storm Water Fund Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: 251850 Unreserved Fund Balance Amount: $182,220.55 RECOMMENDATION: Staff recommends approval of this ordinance authorizing the purchase with Silsbee Ford for twenty-six pickup trucks as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheet Ordinance approving the purchase of twenty-six pickup trucks for a total amount not to exceed $951,159.04 from Silsbee Ford of Silsbee, Texas via the GoodBuy Purchasing Cooperative to be used by the Utilities Department’s staff for daily operations; appropriating $951,159.04 from the unreserved fund balance i n the Water Fund, the Wastewater Fund, and the Storm Water Fund that was previously budgeted in FY 2019 for this purpose but not encumbered; and amending the FY 2019-2020 operating budget to increase expenditures. WHEREAS, twenty-six pickup trucks are needed for continued operation of the City’s Utilities Department staff for daily operations; WHEREAS, pursuant to the Interlocal Cooperation Act, Government Code, Chapter 791, and Local Government Code Chapter 271, a city may participate in cooperative purchasing programs established by the State, other municipalities, counties, special districts, and other political subdivisions in order to facilitate the procurement of necessary goods and services in full compliance with State bidding laws; WHEREAS, by Resolution 031331 on January 9, 2018, the City Council authorized participation in the interlocal participation agreement with local Regional Education Service Center #2 in order to participate in their cooperative purchasing program operated as “Goodbuy”; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $465,181.35 are appropriated from the unreserved fund balance in Water Fund No. 4010, and funds in the amount of $303,757.14 are appropriated from the unreserved fund balance in Wastewater Fund No. 4200, and funds in the amount of $182,220.55 are appropriated from the Storm Water Fund No. 4300 for the purchase of twenty-six pickup trucks (twenty-five replacements and one addition to the fleet), used by Water Utilities Department staff for daily operations, from Silsbee Ford. SECTION 2. That the FY2019-2020 operating budget adopted by Ordinance No. 031870 is amended by increasing expenditures by $951,159.04. SECTION 3. That the City Manager, or designee, is authorized to execute all documents necessary to purchase twenty-six pickup trucks (twenty-five replacements and one addition to the fleet), used by the Utilities Department staff for daily operations, from Silsbee Ford, based on the cooperative purchasing agreement with GoodBuy Purchasing Cooperative, for a total amount not to exceed $951,159.04. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Item Equipment Description Qty UOM Unit Price Total 1 2019 Truck Ford F-250 1 Each 40,242.25$ 2 2019 Truck Ford Ranger 4 Each 110,136.00$ 3 2019 Truck Ford F-150 Regular Cab 13 Each 394,445.75$ 4 2019 Truck Ford F-250 Regular Cab 3 Each 109,207.20$ 5 2020 Truck Ford F-450 Regular Cab 1 Each 53,717.33$ 6 2020 Truck Ford F-550 Regular Cab 4 Each 243,410.51$ 951,159.04$ City of Corpus Christi Contracts & Procurement Senior Buyer: Cynthia Perez Silsbee Ford Silsbee, TX GRAND TOTAL Price Sheet Twenty-Six Light Duty Pickup Trucks for Utilities GoodBuy Contract - 18-18 8F000 Vehicles Project No.: E12134 1 MA/JE Legistar No.: 19-1437 Rev. 2 – 10/15/19 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 29, 2019 Second Reading for the City Council Meeting of November 12, 2019 DATE: October 7, 2019 TO: Peter Zanoni, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 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 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Ordinance appropriating anticipated revenues from the Texas Department of Transportation (TxDOT) in the amount of $635,549 and awarding a contract to Mako Contracting, LLC. for construction of sidewalk and lighting improvements for the S.E.A. District Pedestrian Improvement project in the amount of $794,436.22. The project is located in City Council District 1 and the contract will begin upon issuance of notice to proceed. Funding is approved and available from an 80% TxDOT grant and a 20% match from Street Bond 2016 CIP. SUMMARY: This ordinance authorizes a contract with Mako Contracting, LLC for construction to replace sidewalks, crosswalks, and lighting along Brewster and Chaparral in the SEA District area. These services are necessary to meet current city or ADA standards. BACKGROUND AND FINDINGS: The Sports, Entertainment and Arts (SEA) District is an area downtown with many locations of public interest. The City conducted a study known as the Building Blocks for Sustainable Communities’ Walkability Audit in May 2012, that identified the need for pedestrian improvements in the SEA District area. Streets recommended for pedestrian improvements included Port Avenue, Mesquite Street, Brewster Street and Chaparral Street. Construction Contract S·E·A District Pedestrian Improvements Project No.: E12134 2 MA/JE Legistar No.: 19-1437 Rev. 2 – 10/15/19 The existing sidewalks are not fully developed and do not meet current City or ADA standards. The walkability audit considered sidewalks, driveways, curbs, ADA-compliant ramps, crosswalks, vehicle stop bars, landscaping, and bus stop infrastructure. This project the first phase of implementation for the recommended improvements along Chaparral Street from Brewster Street to Harbor Drive and Brewster Street from Chaparral Street to N Broadway Street. This section was prioritized due to the lack of any existing pedestrian amenities and the high volume of pedestrian activity. The project was developed as a joint TxDOT/City project with the customary 80/20 construction cost sharing. The TxDOT participation is for construction only with a maximum anticipated construction cost of $1,200,000 that was approved for Category 7 funds through the Metropolitan Planning Organization’s Transportation Improvements Program (TIP) prior to 2017. In 2017, City Council approved the Advance Funding Agreement (AFA) with TxDOT. The AFA provided a maximum cost participation from TxDOT of $960,000 or 80% of construction cost, whichever is less. The City match is 20% of actual construction costs plus reimbursement to TxDOT for state direct cost in the amount of $21,000. The City provided the design, bidding and construction award and would be responsible for any construction costs that exceed the $1,200,000. This project was previously advertised and bid in March 2019 with three bids received. The City submitted the award documents to TxDOT for approval in April 2019. TXDOT expressed concerns regarding the low bidder’s inability to meet the minimum Disadvantaged Business Enterprise Program goal and would not support the bid award. The City re-bid the project on August 21, 2019. This SEA District Pedestrian Improvements REBID Project includes construction of new accessible pedestrian routes along Brewster Street from N. Broadway Street to N. Chaparral Street, new routes on the west side of N. Chaparral Street from Brewster Street to the parking lot south of Harbor Drive, a new route on the east side of N. Chaparral Street between Sisson Street and Harbor Drive and replacement of existing routes on the east side of N. Chaparral Street from Bayfront Park to the parking lot north of Hirsch Street for a total length of approximately 1,300 feet. The Project includes new stamped/stained concrete crosswalks at all pedestrian street crossings, replacement of the brick paver circle at N. Chaparral Street and Brewster Street with stamped/stained concrete, new lighting improvements and minor landscaping additions. PROJECT TIMELINE: FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB 2019 Bid 2020 Construction Project Schedule reflects City Council Award in October 2019 with anticipated completion in February 2020. COMPETITIVE SOLICITATION PROCESS: On August 21, 2019 the City received proposals from three (3) bidders as summarized below: Project No.: E12134 3 MA/JE Legistar No.: 19-1437 Rev. 2 – 10/15/19 BID SUMMARY CONTRACTOR BASE BID MAKO CONTRACTING, LLC 3636 S. ALAMEDA, STE B#153 CORPUS CHRISTI, TEXAS 78411 $794,436.22 CPC Interests, LLC DBA Clark 6229 Leopard Street Corpus Christi, Texas 78409 $1,128.998.94 A. Ortiz Construction & Paving 102 Airport Road Corpus Christi, Texas 78405 $1,156,589.00 Engineer’s Opinion of Probable Cost $797,212.96 ALTERNATIVES: Council could cancel the project and not award a construction contract. Council could also reject the contract award to Mako Contracting, LLC. That action would delay the project and require negotiating a new agreement with a different contractor. FISCAL IMPACT: The project is a Bond 2012, Proposition B project approved by city voters in November 2012. This item will award a contract for construction services to Mako Contracting, LLC., to replace sidewalks, crosswalks and lighting along Brewster and Chaparral in the SEA District area in the amount of $794,436.22, effective upon issuance of notice to proceed, with funding available from Bond 2012, Proposition B and TxDOT participation of $635,549. The project is located in Council District 1. Financial Detail: Fund: Street CIP (Fund 3530) Mission Elem: Mobility safety reliability (ME 053) Account: Construction (550910) Activity: E12134-01-3530-EXP Amount: $635,549 Fund: Street 2013 General Obligation Bond 2012 (Fund 3549) Mission Elem: Mobility safety reliability (ME 053) Account: Construction (550910) Activity: E12134-01-3549-EXP Amount: $74,065.72 Fund: Street 2018 General Obligation Bond 2016 (Fund 3554) Mission Elem: Mobility safety reliability (ME 053) Account: Construction (550910) Activity: E12134-01-3554-EXP Amount: $47,069.50 Fund: Street 2018 General Obligation Bond 2016PR (Fund 3553) Mission Elem: Mobility safety reliability (ME 053) Account: Construction (550910) Activity: E12134-01-3553-EXP Amount: $37,752.00 Project No.: E12134 4 MA/JE Legistar No.: 19-1437 Rev. 2 – 10/15/19 RECOMMENDATION: Staff recommends award of the Contract to Mako Contracting, LLC., in the amount of $794,436.22. The construction phase will start in November 2019 with completion planned in February 2020. LIST OF SUPPORTING DOCUMENTS: Ordinance Advance Funding Agreement Location Maps Bid Tab Letter of Recommendation Ordinance appropriating anticipated revenues from the Texas Department of Transportation (TXDOT) in the amount of $635,549 and awarding a contract to Mako Contracting, LLC. for construction of pedestrian and lighting improvements for the S.E.A. District Pedestrian Improvement Project in the amount of $794,436.22. The project is located in City Council District 1 and the contract will begin upon issuance of notice to proceed. Funding is approved and available from an 80% TXDOT Grant and a 20% match from Street Bond 2016 CIP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Anticipated revenues from a TxDOT receivable are appropriated in Street CIP Fund 3530 SECTION 2. The Fiscal Year 2020 Capital Improvement Program Budget adopted by Ordinance 031870 is amended to increase revenues and expenditures in the amount of $635,549 for TxDOT’s 80% match. The City’s 20% match is available in Bond 2012 Street Proposition 8 proceeds. SECTION 3. The City Manager or designee is authorized to execute a construction contract in the amount of $794,436.22 with Mako Contracting, LLC. for the S.E.A. District Pedestrian Improvement Project for installation of pedestrian and lighting improvements located in City Council District 1. SECTION 4. This project is located in City Council District 1 and the contract will proceed upon Council approval and issuance of the Notice to proceed. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SEA District Pedestrian Improvements LOCATION MAP NOT TO SCALE Project Location Project Number: E12134 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SEA District Pedestrian Improvements VICINITY MAP NOT TO SCALE Project Number: E12134 181 E. Port Ave. Brewster St .N. Chaparral St.Hirsch St.N BroadwayStMesquite St. ITEM 2014 TxDOT SPEC #DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 500 MOBILIZATION LS 1 33,000.00$ 33,000.00$ 40,000.00$ 40,000.00$ 55,000.00$ 55,000.00$ A2 -BONDS AND INSURANCE LS 1 20,375.00$ 20,375.00$ 18,750.00$ 18,750.00$ 15,000.00$ 15,000.00$ A3 502(5)(9)TRAFFIC CONTROL LS 1 15,000.00$ 15,000.00$ 12,500.00$ 12,500.00$ 10,000.00$ 10,000.00$ A4 506(161)(432)(556)STORM WATER POLLUTION PREVENTION PLAN LS 1 2,400.00$ 2,400.00$ 18,750.00$ 18,750.00$ 8,000.00$ 8,000.00$ A5 -EXPLORATORY EXCAVATIONS LS 1 5,000.00$ 5,000.00$ 9,375.00$ 9,375.00$ 3,500.00$ 3,500.00$ A6 -OZONE ACTION DAY DAYS 2 1.00$ 2.00$ 437.50$ 875.00$ 100.00$ 200.00$ A7 506(161)(432)(556)INLET PROTECTION EA 17 120.00$ 2,040.00$ 512.50$ 8,712.50$ 250.00$ 4,250.00$ A8 506(161)(432)(556)SANDBAG INLET PROTECTION EA 1 120.00$ 120.00$ 750.00$ 750.00$ 300.00$ 300.00$ A9 461(9)(400)(402)(403)(420)(421)(440) (442)(445)(447)(467)3.5' CONCRETE FLUME W/STEEL PLAT AND FRAME LF 5 300.00$ 1,500.00$ 3,508.33$ 17,541.65$ 1,500.00$ 7,500.00$ A10 430(420)(421)(440)ADJUST EXISTING FLUME AND CURB INLET INTO BOX CULVERT AND EXTENDED CURB INLET TO ACCOMODATE SIDEWALK STRUCTURE LS 1 11,224.75$ 11,224.75$ 9,375.00$ 9,375.00$ 7,500.00$ 7,500.00$ A11 -ADJUST EXISTING WATER METER EA 2 750.00$ 1,500.00$ 968.75$ 1,937.50$ 500.00$ 1,000.00$ A12 -ADJUST EXISTING WATER VALVE BOX EA 7 800.00$ 5,600.00$ 512.50$ 3,587.50$ 500.00$ 3,500.00$ A13 -ADJUST EXISTING GAS VALVE BOX EA 8 500.00$ 4,000.00$ 468.75$ 3,750.00$ 500.00$ 4,000.00$ A14 471(441)(445)(448)(465)ADJUST EXISTING MANHOLE RING AND COVER EA 4 1,800.00$ 7,200.00$ 1,718.75$ 6,875.00$ 2,000.00$ 8,000.00$ A15 -ADJUST ELECTRICAL BOX EA 2 2,400.00$ 4,800.00$ 2,687.50$ 5,375.00$ 1,500.00$ 3,000.00$ A16 496 RELOCATE SIGNAGE EA 14 960.00$ 13,440.00$ 312.50$ 4,375.00$ 500.00$ 7,000.00$ A17 104(9)REMOVE EXISTING CONCRETE PAVEMENT SY 184 44.80$ 8,243.20$ 30.75$ 5,658.00$ 45.00$ 8,280.00$ A18 210 SUBGRADE PREPARATION FOR CONCRETE PAVEMENT SY 241 15.00$ 3,615.00$ 22.00$ 5,302.00$ 30.00$ 7,230.00$ A19 247(4)(9)(105)(204)(210)(216)(520)6"TYPE A,GRADE 1-2 CRUSHED LIMESTONE BASE PER TxDOT STANDARD ITEM 247 SY 241 20.00$ 4,820.00$ 38.13$ 9,189.33$ 45.00$ 10,845.00$ A20 360(421)(422)(438))(440)(529)(585)9" CONCRETE PAVEMENT (CLASS 'S' 4,000 PSI)SY 186 185.00$ 34,410.00$ 137.50$ 25,575.00$ 200.00$ 37,200.00$ A21 528(132)(247)(275)(401)(420)(421) (440) 9"CONCRETE PAVEMENT COLORED AND STAMPED (CLASS 'S'4,000 PSI) CIRCULAR FEATURE SY 55 236.00$ 12,980.00$ 268.75$ 14,781.25$ 270.00$ 14,850.00$ A22 192(161)(166))(168)LANDSCAPE PLANTING (5-GAL OLEANDER)EA 25 120.00$ 3,000.00$ 250.00$ 6,250.00$ 350.00$ 8,750.00$ A23 162(166)(168)SODDING FOR EROSION CONTROL SY 603 9.00$ 5,427.00$ 7.19$ 4,335.57$ 20.00$ 12,060.00$ 199,696.95$ 233,620.30$ 236,965.00$ B1 104(9)REMOVE EXISTING CURB AND GUTTER LF 747 15.00$ 11,205.00$ 25.00$ 18,675.00$ 10.00$ 7,470.00$ B2 104(9)REMOVE EXISTING CONCRETE DRIVEWAY/VALLEY GUTTER SY 68 45.00$ 3,060.00$ 60.20$ 4,093.60$ 72.00$ 4,896.00$ B3 105 REMOVE EXISTING HMAC DRIVEWAY SY 151 9.00$ 1,359.00$ 24.60$ 3,714.60$ 35.00$ 5,285.00$ B4 104(9)REMOVE EXISTING CONCRETE SIDEWALK/RAMP/FLUME SY 472 30.00$ 14,160.00$ 49.20$ 23,222.40$ 55.00$ 25,960.00$ B5 105 REMOVE EXISTING HMAC PARKING LOT SY 129 9.00$ 1,161.00$ 17.40$ 2,244.60$ 72.00$ 9,288.00$ B6 110(9)(132)STREET EXCAVATION (1' B.O.C.)SY 1,821 26.27$ 47,837.67$ 24.53$ 44,669.13$ 60.00$ 109,260.00$ B7 210 SUBGRADE PREPARATION (1' B.O.C.)SY 1,764 12.00$ 21,168.00$ 6.17$ 10,883.88$ 40.00$ 70,560.00$ B8 529(360)(420)(421)(440)STANDARD 6"CURB AND GUTTER (INCLUDING LIMESTONE BASE BENEATH CURB TO 1' B.O.C)LF 1,381 28.00$ 38,668.00$ 23.75$ 32,798.75$ 30.00$ 41,430.00$ B9 531(104)(360)(420)(421)(440)(530)CONCRETE SIDEWALK SF 9,406 7.00$ 65,842.00$ 10.33$ 97,163.98$ 10.00$ 94,060.00$ B10 247(4)(9)(105)(204)(210)(216)(520)6"TYPE A.GRADE 1-2 CRUSHED LIMESTONE BASE PER TxDOT STANDARD ITEM 247 CROSSWALKS SY 419 20.00$ 8,380.00$ 38.13$ 15,976.47$ 45.00$ 18,855.00$ B11 528(132)(247)(275)(401)(420)(421)(440)9" CONCRETE COLORED AND STAMPED (CLASS 'S' 4,000 PSI) CROSSWALK SF 3,771 26.60$ 100,308.60$ 24.38$ 91,936.98$ 35.00$ 131,985.00$ B12 -ADA RAMP SF 4,435 25.00$ 110,875.00$ 21.43$ 95,042.05$ 30.00$ 133,050.00$ B13 530(247)(260)(263)(275)(276)(292) (316)(330)(334)(340)(360)(421)(440)CONCRETE DRIVEWAY SF 2,365 9.60$ 22,704.00$ 14.50$ 34,292.50$ 15.00$ 35,475.00$ B14 351(132)(204)(247)(260)(263)(275) (276)(292)(310)(316)(330)(334)(340)FULL-DEPTH PAVEMENT REPAIR SY 885 105.00$ 92,925.00$ 119.38$ 105,651.30$ 175.00$ 154,875.00$ B15 668(9)(678)REFLECTIVE PAVEMENT MARKINGS (W) (12") (SOLID) (90 MIL) CROSSWALKS LF 963 18.00$ 17,334.00$ 3.98$ 3,832.74$ 35.00$ 33,705.00$ 556,987.27$ 584,197.98$ 876,154.00$ PART B - ADA IMPROVEMENTS SUBTOTAL PART B - ADA IMPROVEMENTS (ITEMS B1 thru B15) TABULATED BY: YESENIA SINGLETON, PE & DONNIE REHMET, PE, RPLS LJA ENGINEERING, INC. SUBTOTAL PART A - PEDESTRIAN AND MOBILITY IMPROVEMENTS (ITEMS A1 thru A23) 3636 S. ALAMEDA, STE B #153 BASE BID BID DATE: AUGUST 21, 2019 S·E·A DISTRICT PEDESTRIAN IMPROVEMENTS (BOND 2012)MAKO CONTRACTING, LLC. CORPUS CHRISTI, TEXAS 78411 PART A - PEDESTRIAN AND MOBILITY IMPROVEMENTS COMPLETION: 90 CALENDAR DAYS CITY OF CORPUS CHRISTI PROJECT NO. E12134 - LJA PROJECT NO. C007-13033 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 78409 CORPUS CHRISTI, TEXAS 78405 ENGINEER'S ESTIMATE: $875,000 CPC INTERESTS, LLC DBA CLARK PIPELINE SERVICES A. ORTIZ CONSTRUCTION & PAVING, INC. 6229 LEOPARD STREET 102 AIRPORT ROAD LJA Engineering, Inc. TBPE Firm Reg. No. F-1386 SEA District Pedestrian Improvements (Bond 2012) 're-bid' Project No. E12134 Bid Tabulation 8/28/2019 Page 1 of 2 ITEM 2014 TxDOT SPEC #DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATED BY: YESENIA SINGLETON, PE & DONNIE REHMET, PE, RPLS LJA ENGINEERING, INC. 3636 S. ALAMEDA, STE B #153 BASE BID BID DATE: AUGUST 21, 2019 S·E·A DISTRICT PEDESTRIAN IMPROVEMENTS (BOND 2012)MAKO CONTRACTING, LLC. CORPUS CHRISTI, TEXAS 78411 COMPLETION: 90 CALENDAR DAYS CITY OF CORPUS CHRISTI PROJECT NO. E12134 - LJA PROJECT NO. C007-13033 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 78409 CORPUS CHRISTI, TEXAS 78405 ENGINEER'S ESTIMATE: $875,000 CPC INTERESTS, LLC DBA CLARK PIPELINE SERVICES A. ORTIZ CONSTRUCTION & PAVING, INC. 6229 LEOPARD STREET 102 AIRPORT ROAD C1 -CONDT (PVC) (SCHEDULE 40) (2")LF 1,137 8.00$ 9,096.00$ 19.43$ 22,091.91$ 10.00$ 11,370.00$ C2 -CONDT (PVC) (SCHEDULE 40) (2") (BORE)EA 280 25.20$ 7,056.00$ 28.25$ 7,910.00$ 60.00$ 16,800.00$ C3 -GROUND BOX TY A (122311) W/APRON EA 18 1,200.00$ 21,600.00$ 1,332.50$ 23,985.00$ 850.00$ 15,300.00$ 37,752.00$ 53,986.91$ 43,470.00$ 2. Addition Error For Subtotal Part A (Pedestrian and Mobility Improvements) (A1 thru A23)For Contractor Mako Contracting, LLC. Corrected Total is shown. 3. Addition Error For Bid Summary Parts A - Pedestrian and Mobility Improvements For Contractor Mako Contracting, LLC. Corrected Total is shown. 5. Bid Packet Submitted For Contractor CPC Intersts LLC dba Clark Pipeline Services did not reflect acknowledgement of Addenda issued. 1. Multiplication Extension Error For Bid Item A2 For Contractor Mako Contracting, LLC. Corrected Total is shown. 4. Addition Error For Bid Summary Total Base Bid Parts A thru C For Contractor Mako Contracting, LLC. Corrected Total is shown. 37,752.00$ PART C - LIGHTING IMPROVEMENTS 794,436.22$ PART A - PEDESTRIAN AND MOBILITY IMPROVEMENTS PART B - ADA IMPROVEMENTS PART C - LIGHTING IMPROVEMENTS PART C - LIGHTING IMPROVEMENTS (ITEMS C1 thru C3) TOTAL BASE BID • PARTS A thru C 199,696.95$ BID SUMMARY 556,987.27$ 871,805.19$ 1,156,589.00$ 233,620.30$ 236,965.00$ 584,197.98$ 876,154.00$ 53,986.91$ 43,470.00$ LJA Engineering, Inc. TBPE Firm Reg. No. F-1386 SEA District Pedestrian Improvements (Bond 2012) 're-bid' Project No. E12134 Bid Tabulation 8/28/2019 Page 2 of 2 DATE: October 18, 2019 TO: Peter Zanoni, City Manager FROM: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3235 CAPTION: Ordinance authorizing the execution of the Second Addendum to the Water Supply Agreement with the Beeville Water Supply District, subject to release of all claims by Beeville Water Supply District and City of Beeville against the City of Corpus Christi and subject to withdrawal of all administrative proceedings filed by Beeville Water Supply District and City of Beeville against the City of Corpus Christi in the Public Utility Commission of Texas and subject to payment of all amounts determined by the City Manager to be owed pursuant to the existing contract between the parties after waiver of $162,809.85 of Future Water Resources Reserve Fund charges that were contested and withheld by said District and authorizing the City Manager to make the aforesaid waiver. SUMMARY: This ordinance authorizes the City Manager to execute the Second Addendum to the Water Supply Agreement with the Beeville Water Supply District. The City of Beeville is subject to making a payment of an adjusted outstanding balance of $255,201.30 by October 31, 2019. BACKGROUND AND FINDINGS: The Beeville Water Supply District of which the City of Beeville is a utility customer has underpaid on their City of Corpus Christi raw water account from March 2017 through September 2019 and currently owes the City of Corpus Christi $418,011.15. Of that amount, $162,809.85 represents the five-cent fee and $255,201.30 represents sums withheld for water received. City staff is recommending that City Council approve that the City of Corpus Christi can waive $162,809.85 of the past due amount and that the City of Corpus Christi provide technical assistance to Beeville in the desilting at Beeville’s intake if the following actions are taken: • Pay $255,201.30 by October 31, 2019; • Pay current invoice and all future invoices in full by their due dates; Beeville Water Supply Agreement – Second Addendum and Adjusted Outstanding Balance AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting October 29, 2019 Second Reading Ordinance for the City Council Meeting November 12, 2019 • Withdraw the Beeville Water Supply District and City of Beeville’s appeal of wholesale water rate to the Public Utilities Commission; and • Agree to amend the Water Supply Agreement with terms as contained in the City’s proposed Second Addendum. Listed below is a summary of the terms of the Second Addendum: • Provides that the City will provide Beeville at least 60 days’ notice of proposed change in price; • Specifies that the cost for water includes five cents per thousand-gallon charge for creating or maintaining a future water resources reserve fund from which to pay water supply development costs, which charge is subject to potential increase but not exceeding the cumulative increase in the consumer price index; • Identifies that the composite cost calculation includes the costs for existing regional water supply facilities such as Lake Texana Pipeline, Lavaca Navidad River Authority Pump Station and Mary Rhodes Phase II Pipeline; • Clarifies that if a water supply development or protection project involves use of the future water resources reserve fund, then the costs for the project paid with such revenues shall not be included in the calculation of the composite cost rate or the published rate; • Replaces the prior “Rationing of Water” section with terms consistent with the City’s Water Conservation and Drought Management Plan measures; • Adds language for the City to provide non-engineering technical assistance to BWSD’s development of requests for proposals for water intake facilities work; • Adds requested statements that the future water resources reserve fund will be expended on projects that develop additional water supplies or lower the cost of the raw water. ALTERNATIVES: An alternative is to request that the Beeville Water Supply District pay the entire outstanding balance of $418,011.15. A second alternative is to cancel our contract with the Beeville Water Supply District. FISCAL IMPACT: If City Council approves waiving $162,809.85 the City of Corpus Christi will receive $255,201.30 by October 31, 2019. Funding Detail: Fund: 4041 – Raw Water Supply Development Fund Organization/Activity: 30000 Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 324845 Amount: -$418,011.15 RECOMMENDATION: City staff recommends that City Council approves the execution of the Second Addendum to the Water Supply Agreement with the Beeville Water Supply District. In addition, City staff recommends that City Council waives $162,809.85, making the total amount owed to the City of Corpus Christi to $255,201.30. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance authorizing the execution of the Second Addendum to the Water Supply Agreement with the Beeville Water Supply District, subject to release of all claims by Beeville Water Supply District and City of Beeville against the City of Corpus Christi and subject to withdrawal of all administrative proceedings filed by Beeville Water Supply District and City of Beeville against the City of Corpus Christi in the Public Utility Commission of Texas and subject to payment of all amounts determined by the City Manager to be owed pursuant to the existing contract between the parties after waiver of $162,809.85 of Future Water Resources Reserve Fund charges that were contested and withheld by said District and authorizing the City Manager to make the aforesaid waiver. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager is authorized to execute the Second Addendum to the Water Supply Agreement with the Beeville Water Supply District, subject to release of all claims by Beeville Water Supply District and City of Beeville against the City of Corpus Christi and subject to withdrawal of all administrative proceedings filed by Beeville Water Supply District and City of Beeville against the City of Corpus Christi in the Public Utility Commission of Texas and subject to payment of all amounts determined by the City Manager to be owed pursuant to the existing contract between the parties after waiver of $162,809.85 of Future Water Resources Reserve Fund charges that were contested and withheld by said District. The City Manager is authorized to make the aforesaid waiver. 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. 2 ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor 3 SECOND ADDENDUM TO WATER CONTRACT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § WHEREAS, pursuant to one water sales contract between the City of Corpus Christi and the Beeville Water Supply District, hereinafter referred to as Corpus Christi (or City) and BWSD, respectively, said contract dated March 4, 1982 (the “Water Supply Agreement”) Corpus Christi agreed to sell water for municipal purposes to BWSD according to the alternate price structures stipulated therein; and WHEREAS, Corpus Christi and BWSD agreed to amend certain section of the Water Supply Agreement pursuant to an agreement captioned “Addendum to Water Contract” approved by the Corpus Christi city council on May 17, 1988; and WHEREAS, due to changes in conditions and circumstances of the parties and to clarify the intentions of the parties, it is the desire of the parties to amend the Water Supply Agreement, as amended by the Addendum to Water Contract. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, BWSD and Corpus Christi hereby agree to amend said Water Supply Agreement, as amended by the Addendum to Water Contract, as follows: I. That Section 6., entitled Price, page 4 of the Water Supply Agreement, shall be deleted in its entirety and a new Section 6 shall be substituted therefor to hereafter read as follows: 6. Price: (A) The price to be charged for untreated water sold by City to BWSD will be whichever of the two is the lower: 1. The most recent published untreated or raw water cost adjustment calculated as set forth by Ordinance adopted by the governing body of Corpus Christi. 2. The “composite cost of untreated water” as defined in Section 7 hereof, or similar calculation that recognizes all cost elements for providing a water supply applicable to all water customers, and approved by the appropriate state agency. (B) When City intends to increase the price for untreated water sold by City to BWSD, the City will provide the BWSD notice of the proposed change and all information necessary for BWSD to evaluate the proposed price at least sixty days before the change is to take effect. BWSD shall give good faith consideration to the proposed new price and shall attempt to provide the City with its comments on the proposed change not later than thirty (30) days before the proposed change is to take effect. The City shall provide BWSD with any additional information relating to 4 the change in price requested by BWSD within ten business days after receipt of the request and shall give good faith consideration to BWSD’s comments. City may institute the new price provided City gave BWSD notice of the price increase as provided in this subsection. BWSD’s failure to submit comments or the submittal of comments relating to the price increase does not waive any right that BWSD may have to challenge the price increase. BWSD shall be charged and timely pay for the water at the new price; however, such payment does not waive any right that BWSD may have to file legal challenge of the price increase with court or agency of appropriate jurisdiction. (C) The price charged for untreated water sold by City to BWSD shall include a five cents per thousand gallon charge for creating or maintaining a future water resources reserve fund from which to pay water supply development costs that develop additional water supplies or lower the cost of raw water. Said charge is subject to potential increase not exceeding the cumulative increase in the consumer price index. II. That Section 7., entitled Composite Cost of Untreated Water, as restated by the Addendum to Water Contract pages 1-2, shall be deleted in its entirety and a new Section 7 shall be substituted therefor to hereafter read as follows: 7. Composite Cost of Untreated Water: The rate for the composite cost of untreated water shall be calculated on the first day of January of each year and shall be calculated on the basis of City’s previous fiscal year and the total water withdrawn during the City’s previous fiscal year. The components of the cost of untreated water are as follows: (A) Wesley Seale Costs: all actual costs (city fiscal year), emergency costs, debt service and capital expenditures; (B) Choke Canyon Costs: all actual costs (city fiscal year), emergency expenditures, debt service and capital expenditures; (C) Water Supply Development or Protection: consultants’ studies, reports, investigations, legal fees and court costs and any other costs resulting from the development or protection of the water supply; (D) Other existing and future regional supply facilities: 1. Other existing regional water supply facilities: all actual costs (city fiscal year), emergency costs, debt service and capital expenditures of the following existing regional water supply facilities: Lake Texana Pipeline, LNRA Pump Station, and Mary Rhodes II Pipeline. 2. Future regional water supply facilities, the tax subsidy, if any: the cost element defined and set forth in Section 18 of the Water Supply Agreement, if any, and subject to all of the provisions of Section 18. 5 (E) Administrative costs: 25 percent of the costs of operational expenses of the offices of the Director of Water Utilities and Water Superintendent and general city administration costs allocated to the Water Division (fiscal year annual expenditures); (F) The total of all of the above costs shall be credited with any income from rental or lease operations of the supply facilities and the net shall be divided by the total supply system withdrawals (fiscal year). (G) Revenues received to establish and maintain a future water resources reserve fund that are attributable to the composite cost component described above as the Water Supply Development or Protection component are to develop additional water supplies or lower the cost of raw water. If a water supply development or protection project involves use of such revenues from this fund, then the costs for the project paid with such revenues shall not be included in the calculation of the composite cost rate as described in this Section 7, or in the published rate as described in Section 6. III. That Section 10., entitled “Maintenance and Operation of Facilities”, page 6 of the Water Supply Agreement, shall be amended by the addition of the underlined text: 10. Maintenance and Operation of Facilities: The water intake facility and related improvements constructed by BWSD shall be maintained, operated, and repaired by BWSD subject to provisions herein contained. City shall have the right to require BWSD to maintain the facilities on City property or easements in a manner comparable to the level of maintenance at similar City facilities. City staff may provide non-engineering technical assistance as determined to be reasonable by the City Manager to assist BWSD in review of BWSD’s development of the BWSD requests for proposals for any water intake improvements. IV. That Section 20., entitled Rationing of Water, page 3 of the Addendum to Water Contract shall be amended by replacing Section 20 in its entirety as follows. 20. Rationing of Water: BWSD and City agree to the following stages in reduction of raw water consumption by BWSD as the City Manager of City declares the various water shortage conditions to be in force in accordance with Section 55-151 of the Corpus Christi City Code: A. Condition I – drought possibility – BWSD shall reduce its average raw water consumption by 10%. B. Condition II – drought watch – BWSD shall reduce its average raw water consumption by 30%. 6 C. Condition III – drought warning – BWSD shall reduce its average raw water consumption by 75%. D. Condition IV – drought emergency – BWSD shall cease taking raw water, and shall be released from the fixed minimum obligation under Section 8 (B). For purposes of calculating the ‘average raw water consumption,’ that term is defined as the amount of water used per month averaged over the previous three years. During periods of reduced raw water consumption by BWSD, it shall have the option to impose its water conservation and rationing regulations on its customers. It may elect to supplement its intake of raw water from Lake Corpus Christi with its own source of well water. During period BWSD is taking no raw water from City but is producing a surplus of water from its own wells, BWSD may, if requested by City, pump water back into Lake Corpus Christi through its existing twenty-four inch supply line. The cost of such water to be charged to City will be based on actual operation and maintenance costs of the wells used and the pipeline. “20. Water Conservation and Drought Management Plan Measures. a. BWSD agrees that during the term of this contract, it shall have in effe ct a water conservation and drought management plan consistent with the City’s water conservation and drought management plan. b. To the extent that any State regulatory agency requires rationing of water in a manner stricter that that imposed by the City, BWSD will comply with such stricter method of rationing water. c. BWSD shall furnish a copy of any ordinances, orders, or rules adopted by it or its customers that is adopted to implement the required restrictions, surcharges, or rationing measures. d. The failure of BWSD to comply with this Section of the contract is a default for which the Contract may be terminated by the City upon thirty days’ notice of default.”