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Agenda Packet City Council - 09/15/2020 (3)
City of Corpus Christi Meeting Agenda - Final -revised City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 15, 2020 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Mayor Joe McComb. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting -agendas -minutes -video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary's instructions, which shall be posted on the City Secretary's door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. GOVERNMENT ACTIONS RELATED TO CORONA VIRUS City of Corpus Christi Page 1 Printed on 9/14/2020 City Council Meeting Agenda - Final -revised September 15, 2020 G. MINUTES: 1. 20-1129 Regular Meeting of September 8, 2020 H. BOARD & COMMITTEE APPOINTMENTS: 2. 20-1120 Corpus Christi B Corporation (4 vacancies) Corpus Christi Business and Job Development Corporation (4 vacancies) Corpus Christi Downtown Management District (6 vacancies) Ethics Commission (3 Vacancies) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3 - 31) Consent - Second Reading Ordinances 3. 20-0957 Zoning Case No. 0720-03, Ruben Bonilla, Jr. (District 1). Ordinance rezoning property at or near 2713 Segrest Street from the "IL" Light Industrial District to the "CN -1" Neighborhood Commercial District. Planning Commission and Staff recommend Approval. Sponsors: Development Services 4. 20-0958 Zoning Case No. 0720-04, Petra Dilley (District 4). Ordinance rezoning property at or near 1014 Admiral Drive from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District. Planning Commission and Staff recommend Denial of the "CG -1" District in lieu thereof Approval of the "RS-6/SP" Single -Family 6 District with a Special Permit. (3/4 vote required to overrule Planning Commission recommendation.) Sponsors: Development Services 5. 20-0995 Ordinance authorizing the acceptance of grant funds in an amount of $174,637 from the Texas Department of Transportation for the 2021 Comprehensive Selective Traffic Enforcement Project to increase traffic enforcement in the City with a City match of $57,682.22 in fringe benefits and department expenses with funds available from the FY 2021 General Fund; and appropriating $174,637 in the Police Grants Fund. Sponsors: Police Department 6. 20-1011 Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in an amount of $395,356.00 to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of $715,235.00 to fund three sworn officers and two civilians, and an in-kind match of office and equipment space $94,660.00 for a total City contribution of $809,895.00 and a total budget of $1,205,251.00; and appropriating $395,356.00 in the Police Grants Fund. City of Corpus Christi Page 2 Printed on 9/14/2020 City Council Meeting Agenda - Final -revised September 15, 2020 Sponsors: Police Department Consent - Budget Related Items 7. 20-1073 Ordinance Adopting the City of Corpus Christi Operating Budget and the Capital Improvement Program Budget for the Fiscal Year 2020-2021, Beginning October 1, 2020; Authorizing personnel complements; appropriating funds as provided in the budget. Sponsors: Office of Management and Budget 8. 20-1084 Ordinance setting a property tax rate of $0.646264 per $100 valuation which is effectively a 2.16% increase over the no new revenue tax rate. Sponsors: Finance & Business Analysis 9. 20-1071 Ordinance ratifying the property tax increase reflected in the FY 2020-2021 Operating Budget that will require raising more revenue from property taxes than in the FY 2019-2020 Operating Budget in amount of $755,027. Sponsors: Office of Management and Budget 10. 20-1032 Resolution approving the Parks and Recreation Department Rental and Recreational Use Fees and Charges for Fiscal Year 2020-21. Sponsors: Parks and Recreation Department Consent - Contracts and Procurement 11. 20-1027 Motion authorizing the purchase of a replacement 15" brush chipper from Vermeer Texas -Louisiana, Corpus Christi, TX, to be utilized to chip/mulch brush collected during maintenance of City parks by the Parks and Recreation Department and serve as replacement equipment for a total amount of $67,440.00, with FY 2020 funding available through the General Fund. Sponsors: Parks and Recreation Department and Contracts and Procurement 12. 20-0963 Motion authorizing a one-year service agreement with All -Tex Capital Equipment Leasing Corporation, dba Northstar Equipment Solutions, in an amount not to exceed $82,142.00 for the purchase and Installation of six replacement vehicle lifts for the Asset Management Department, with funding requested in the FY 2021 Proposed Budget. Sponsors: Asset Management Department and Contracts and Procurement 13. 20-0964 Motion authorizing a five-year service agreement with ZeitEnergy, LLC in an amount not to exceed $90,125.00 for Compressed Natural Gas (CNG) Pumping Station Preventative Maintenance & Service for Gas Department, with FY 2020 funding in the amount of $1,502.08 available through the Gas Fund. Sponsors: Gas Department and Contracts and Procurement 14. 20-0971 Motion authorizing the purchase of one replacement 2020 444L John City of Corpus Christi Page 3 Printed on 9/14/2020 City Council Meeting Agenda - Final -revised September 15, 2020 Deere wheel loader from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas in an amount of $167,605.00, to be used by the Utilities Department, with funding available through the FY 2020 Water Fund. Sponsors: Utilities Department and Contracts and Procurement 15. 20-0977 Motion authorizing a lease -purchase of 10 replacement side loading refuse trucks from Grande Ford Truck Sales, Inc. for a total amount of $3,536,856.59 to be utilized by the Solid Waste Services in the Refuse Collections Division, to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget. Sponsors: Solid Waste Operations and Contracts and Procurement 16. 20-1028 Motion authorizing the lease -purchase of two replacement brush container trucks from Houston Freightliner, Inc., for a total amount of $314,700.42 to be utilized by Solid Waste Services for brush and bulky items collections, to be lease -purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget through the General Fund. Sponsors: Solid Waste Operations and Contracts and Procurement 17. 20-1029 Motion authorizing replacement lease -purchases of one tractor truck and one roll -off truck from Lone Star Truck Company for a total amount of $357,664.11 to be utilized by Solid Waste Services to haul refuse and sludge containers from the J.C. Elliot Transfer Station and Wastewater Plants to the Cefe Valenzuela landfill to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget through the General Fund. Sponsors: Solid Waste Operations and Contracts and Procurement 18. 20-1047 Motion authorizing the purchase of a replacement rear steer truck from Houston Freightliner, Inc., for a total amount of $199,750.00 to be utilized to meet Brush and Bulky collection requirements by Solid Waste Services with FY2020 funding available through the Fleet Maintenance Services Fund. Sponsors: Solid Waste Operations, Asset Management Department and Contracts and Procurement 19. 20-1007 Motion authorizing the purchase of two replacement 2021 Hamm HD 14VT combo rollers, from Nueces Farm Center, Inc., dba Nueces Power Equipment, for a total amount of $146,549.94, which will be used to compact asphalt laid on the new pavement surfaces throughout the City for the Public Works Department, with FY 2020 funding available through the Streets Fund. Sponsors: Public Works/Street Department and Contracts and Procurement 20. 20-1008 Motion authorizing the purchase of two replacement Ford F550 aerial lift trucks, from Grande Truck Center in an amount of $248,704.00 that will be utilized in the maintenance of the City's traffic control signals throughout the City of Corpus Christi Page 4 Printed on 9/14/2020 City Council Meeting Agenda - Final -revised September 15, 2020 City for the Public Works Department, with FY 2020 funding available through the Streets Fund. Sponsors: Public Works/Street Department and Contracts and Procurement 21. 20-1026 Motion authorizing a lease -purchase of one Cat AP300F asphalt paver from HOLT Texas, Ltd., dba HOLT CAT, in an amount of $196,228.87 to be utilized by Public Works as an addition to the fleet in support of the City's street maintenance and repairs, to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget through the Streets Fund. Sponsors: Public Works/Street Department and Contracts and Procurement 22. 20-1030 Motion authorizing a lease -purchase of one Gomaco GT3200 curb machine from Closner Equipment Company, Inc., for a total amount of $248,990.25 to be utilized by the Public Works Department in support of the City's street maintenance and repairs as an addition to the fleet, to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget. Sponsors: Public Works/Street Department and Contracts and Procurement Consent - Capital Projects 23. 20-0095 Motion authorizing a professional services agreement with Hanson Professional Services, Inc., to provide design, bid and construction administration phase services for roadway and utility improvements on North Lexington Boulevard from Leopard Street to Hopkins Road in an amount of $401,838.00, located in City Council District 1, with funds available from the Bond 2018 Street Fund and FY 2020 Storm Water, Wastewater, Water and Gas Funds. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 24. 20-1017 Motion authorizing the execution of Change Order No. 1 for ground improvements on the Park Road 22 Bridge project with Haas -Anderson Construction, Corpus Christi, Texas in an amount of $575,700.00 for a total not to exceed amount of $14,519,236.00, located in Council District 4, with funding available from the Street Bonds 2004 and 2008. Sponsors: Engineering Services and Public Works/Street Department 25. 20-0840 Motion awarding a construction contract to Bridges Specialties, Inc., of Robstown, Texas for the construction of the Park Road 22 Force Main and Lift Station in an amount of $3,405,572, located in City Council District 4, with funding available from the FY 2020 Wastewater Capital Reserve. Sponsors: Engineering Services, Utilities Department and Contracts and Procurement 26. 20-0117 Motion recommending City Council approval of Amendment No. 1 to Lockwood, Andrews & Newman, Inc., Corpus Christi, Texas to provide engineering design, bid and construction phase services for the Whitecap City of Corpus Christi Page 5 Printed on 9/14/2020 City Council Meeting Agenda - Final -revised September 15, 2020 Wastewater Treatment Plant Improvements in an amount of $906,888 for a total contract value not to exceed $956,188, located in City Council District 4, with funds available from the FY 2020 Wastewater Capital Improvement Program Budget. Sponsors: Engineering Services, Contracts and Procurement and Utilities Department 27. 20-0938 Motion awarding construction contracts to Mako Contracting, LLC, Corpus Christi, Texas for the reconstruction of Laguna Shores Road from SPID to Graham in the amount of $3,548,277.14 and two construction contracts to Haas -Anderson Construction, Ltd., Corpus Christi, Texas for the reconstruction of Laguna Shores Road from Hustlin' Hornet to Caribbean in the amount of $6,263,934.90 and Laguna Shores Road (Mediterranean to Wyndale) in the amount of $6,734,988.95, located in Council District 4, with funding available from the Street Bond 2018, FY 2020 Storm Water, Wastewater and Water Funds and FY 2021 Wastewater Funds. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement General Consent Items 28. 20-1050 Motion authorizing an amendment to the Service Agreement with Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, to add stop loss coverage for the City's self-funded employee health benefits, beginning October 1, 2020 to September 30, 2021, with the option to renew for two additional one-year terms; in the estimated amount $2,370,060.00 for the first year and a potential expenditure of an estimated $8,320,231.00 if both option years are exercised, with funding requested in the FY 2021 Proposed Budget in an estimated amount of $2,370,060.00 through the Fire, Police and Citicare Employee Health Funds. Sponsors: Human Resources and Contracts and Procurement 29. 20-1051 Motion authorizing a three-year service agreement, with two one-year options, for Health Savings Account (HSA), Flexible Spending Account (FSA), Dependent Care Account (DCA) and Consolidated Omnibus Budget Reconciliation Act (COBRA) administrative services for the City's employees, beginning October 1, 2020 to September 30, 2023, with OptumHealth Financial Services, Inc., in an estimated amount of $78,600.00 for an estimated cost of $26,200.00 for the first year and a potential expenditure in an estimated amount of $131,000.00 if option years are exercised, with funding requested in the FY 2021 Proposed Budget in an estimated amount of $26,200.00 through the Fire, Police and Citicare Employee Health Funds and other Employee Benefits Fund. Sponsors: Human Resources and Contracts and Procurement 30. 20-1088 Motion authorizing two 24 -month renewal agreements beginning October 1, 2020 for governmental relation services with Focused Advocacy for City of Corpus Christi Page 6 Printed on 9/14/2020 City Council Meeting Agenda - Final -revised September 15, 2020 state governmental relations services for $108,000 per year plus $4,200 in expenses and with Meyers & Associates for federal governmental relations services for $78,000 per year plus reasonable expenses. Sponsors: Communications & Intergovernmental Affairs 31. 20-1134 Resolution authorizing the City's intent to provide a total of up to $167,500 from the City's Coronavirus Relief Fund allocation through the CARES Act to Calallen Independent School District, Tuloso-Midway Independent School District, and West Oso ISD ($129,000, $18,000 and $20,500, respectively) as matching funds for the purchase of computer equipment necessary to facilitate compliance with COVID-19 related public health measures and tele -learning. Sponsors: Finance & Business Analysis K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEM 32) 32. 20-1042 Ordinance authorizing Wastewater Collection Line Construction Reimbursement Agreement with Mostaghasi Enterprises, LLC for a planned residential subdivision named Empire Subdivision with completion within 18 months; transferring $110,000 from the Sanitary Sewer Trunk Main Trust Fund to the Sanitary Sewer Collection Line Trust Fund; and appropriating $133,620 from the Sanitary Sewer Collection Line Trust Fund, to reimburse the developer per the agreement. (District 5) Sponsors: Development Services M. REGULAR AGENDA: (NONE) N. FIRST READING ORDINANCES: (ITEM 33) 33. 20-0961 Ordinance authorizing the acceptance and appropriation of a grant contract to the Women, Infant and Children's Nutrition Program (WIC) for a total contract amount of $1,006,829.00 for the period of October 1, 2020, through September 30, 2021, with a contract duration to September 30, 2025, subject to appropriation from the Health and Human Services Commission, and authorizing a staff complement of 21 positions. Sponsors: Health Department O. BRIEFINGS: (NONE) P. EXECUTIVE SESSION: (ITEM 34) 34. 20-1130 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 and litigation in the case of Juan City of Corpus Christi Page 7 Printed on 9/14/2020 City Council Meeting Agenda - Final -revised September 15, 2020 Manuel Garcia vs. Doggett Heavy Machinery Services, LLC; Doggett Machinery Services, LLC; Doggett Equipment Services, Ltd.; and Doggett Company, LLC vs. City of Corpus Christi, and other lawsuits and potential lawsuits, including potential consideration of documents related to settlement of the aforementioned case. Q. IDENTIFY COUNCIL FUTURE AGENDA ITEMS R. ADJOURNMENT City of Corpus Christi Page 8 Printed on 9/14/2020 City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 8, 2020 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:33 a.m. B. Invocation to be given by Mayor Joe McComb. Mayor McComb gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag. Mayor McComb led the Pledge of Allegiance to the flag of the United States and the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Note: Council Members Roland Barrera, Rudy Garza and Everett Roy participated by video conference. Council Member Michael Hunter participated telephonically. Present: 9 - 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 City of Corpus Christi Page 1 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 E. PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting -agendas -minutes -video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary's instructions, which shall be posted on the City Secretary's door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. Mayor McComb referred to comments from the public. The following citizen submitted a written public comment which is attached to the minutes: Lucy Garza, 3024 Quail Springs Rd. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) Upcoming virtual town halls to be held on September 21, 23 and 24 from 6-7 p.m. regarding desalination. 2) Schedule of upcoming Items regarding water supply and desalination. 3) Procurement Items for vehicle replacement/equipment purchases. 4) High School internship program. 5) Offshore Rig update. Council Members and City Manager Peter Zanoni discussed the following topics: a Council Member's concern with having only three meetings on consecutive days available for town hall meetings in order to educate the public about desalination; meetings will be held by region/citywide; a Council Member's suggestion to hold five public input meetings as opposed to only three; a Council Member's request that the full Council preview the material to be discussed at the public community meetings; the City's Communication Department can help the Council and staff spread the word regarding the public community town hall meetings; and City Manager will review Council feedback and revise the town hall schedule. City of Corpus Christi Page 2 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 a. GOVERNMENT ACTIONS RELATED TO CORONA VIRUS Director of Public Health District Annette Rodriguez presented an update on COVID-19: COVID-19 cases by months; COVID-19 deaths by months; Labor Day weekend and face to face classes; school year 2020-2021 return plan; school aged children with COVID-19; COVID-19 vaccine; good news items: decreases; and flu season 2020-2021. Council Members and Director Rodriguez discussed the following topics: there is a formula system for the recovery process; and there is a new software system for contact tracing which is more thorough. G. MINUTES: 1. Regular Meeting of August 25, 2020 and Workshop Sessions of August 13, 2020, August 20, 2020 and August 27, 2020. A motion was made by Council Member Guajardo, seconded by Council Member Molina that the Minutes be approved. The motion carried by a unanimous vote. H. BOARD & COMMITTEE APPOINTMENTS: 2. Building Standards Board (5 vacancies) Mayor McComb referred to Item 2. In response to a Council Member's concern about low meeting attendance rates, Code Compliance Program Manager Liza Lopez discussed the following information: the Board Members receive an email a week before the meeting and are asked to advise if they cannot attend the meeting; and there have not been any meetings since November 2019 due to no quorums and COVID-19. Council Member Molina made a motion to reinstate Lillian Helms as a General Contractor, and to appoint Coretta Graham as Lawyer, David Foster as General Contractor, and Art Ramirez and Pete Cavazos as At -Large, seconded by Council Member Smith and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3 - 29) Consent - Second Reading Ordinances 3. Ordinance annexing approximately 385 acres of land at or near the intersection of FM 43 and CR 33 into the territorial limits of the City of Corpus Christi. City Manager Peter Zanoni stated the applicant was requesting that Items 3 and 4 be tabled. City of Corpus Christi Page 3 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 4. 5. Council Member Hernandez made a motion to table this item, seconded by Council Member Hunter. This Ordinance was tabled with the following vote: Aye: 9 - 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 Abstained: 0 Zoning Case No. 0720-01, Bobak Mostaghasi (District 3). Ordinance rezoning property at or near the intersection of FM 43 and CR 33 from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District. (Planning Commission Recommendation: Approval of the "CG -2" General Commercial District and "CN -1" Neighborhood Commercial District; Staff Recommendation: Approval of the "CG -2" General Commercial District, denial of the "CN -1" Neighborhood Commercial District and, in lieu, approval of the "ON" Neighborhood Office District. Council Member Hernandez made a motion to table this item, seconded by Council Member Hunter. This Ordinance was tabled with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith Abstained: 1 - Council Member Roy Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 6, 10, 14 and 19 be pulled for individual consideration. There were no comments from the Council. A motion was made by Council Member Guajardo, seconded by Council Member Molina to approve the Consent Agenda with the exception of Items 6, 10, 14 and 19. The motion carried by the following vote: Aye: 9 - 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 Abstained: 0 Zoning Case No. 0620-02, One Rail Group, LLC. (District 3). Ordinance rezoning property at or near 501 Heinsohn Road from the "FR" Farm Rural District and "IL" Light Industrial District to the "IL" Light Industrial District. Planning Commission and Staff recommend Approval. City of Corpus Christi Page 4 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 6. 7. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032196 Ordinance awarding two construction contracts to Haas -Anderson Construction, Ltd., Corpus Christi, Texas for the mill and overlay of Ocean Drive from Louisiana Avenue to Robert Drive in the amount of $6,081,782.85 and Ocean Drive from Robert Drive to Ennis Joslin Road in the amount of $4,399,728.35 and amending the FY 2020 Operating and Capital Budget to include Ocean Drive from Louisiana Avenue to Robert Drive and Ocean Drive from Robert Drive to Ennis Joslin Road projects; appropriating $4,554,601.20 from the unreserved fund balance of the General Fund, located in Council District 4, with funding available from the 2012 and 2014 Street Bond Program, and the FY 2021 Type B, FY 2020 General, Storm Water, Wastewater, and Water Funds. Mayor McComb referred to Item 6. Director of Public Works/Street Operations Richard Martinez presented information on the following topics: background; project limits; total ocean -shoreline total project limits IH 37 to Ennis Joslin; current pavement condition; and project dates. Council Members, City Manager Peter Zanoni, Director Martinez and Chief Markle discussed the following topics: the prices came in below the estimates; a Council Member's concern that a smooth road could lead to drag racing and the need for speed mitigation; a Council Member's concern of noise disturbance and traffic; a speed and traffic study will be put in place; and the police department will address the Ennis Joslin area. Council Member Hunter made a motion to approve the ordinance, seconded by Council member Molina. This Ordinance was passed on second reading and approved with the following vote: Aye: 9 - 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 Abstained: 0 Enactment No: 032197 Ordinance authorizing the purchase of artificial turf materials from The PlayWell Group, Inc. of Boerne, TX, for a total amount not to exceed $72,212.43 and a three-month service agreement for installation with PlayWorks Inc. of Boerne, TX, for a total amount not to exceed $93,316.82 for materials and installation of artificial turf for splash pads at three City parks, for a total amount not to exceed $165,529.25; appropriating funds from the unreserved fund balance of the Community Enrichment Fund; and amending the budget. This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 5 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 8. 9. 10. Enactment No: 032198 Consent - Contracts and Procurement Motion authorizing the purchase and replacement of 10 Binocular Night Vision Device Systems and Onsite Training services with Land and Groove LLC, Spicewood, TX, for a total amount not to exceed $114,990.00, for the Corpus Christi Police Department, with funding available from the Homeland Security Grant Program - State Homeland Security Program - Law Enforcement Terrorism Prevention Activities Grant. This Motion was passed on the consent agenda. Enactment No: M2020-147 Motion authorizing a three-year service agreement with Insignia Design Solutions LLC, for a total amount not to exceed $150,000.00, to provide decal services for City vehicles, effective upon issuance of notice to proceed, with FY 2021 funding available in the Fleet Maintenance Services Fund. This Motion was passed on the consent agenda. Enactment No: M2020-148 Motion authorizing a three-month service agreement with ShadePro, LLC in an amount not to exceed $58,832.00 for the purchase of parking lot shade structures for Asset Management, with FY 2020 funding available through the Fleet Maintenance Services Fund. Mayor McComb referred to Item 10. Council Members and Director of Asset Management Jim Davis discussed the following topics: a Council Member's request that Parks and Recreation take note of these shade structures; a Council Member's concern regarding the price per square foot of the shade structures; the warranty will be replaced in the near future; and the importance to keep the equipment covered. Council Member Guajardo made a motion to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye: 9 - 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 Abstained: 0 Enactment No: M2020-149 11. Motion authorizing the replacement purchase of five Freightliner trucks, one 6 to 8 yard dump truck, one combination sewer truck, and three crew City of Corpus Christi Page 6 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 12. 13. 14. trucks with service bodies, from Houston Freightliner, Inc., in an amount of $956,409.00, for the Utilities Department, effective upon issuance of letter of acceptance with FY 2020 funding available through the Fleet Fund in the amount of $956,409.00. This Motion was passed on the consent agenda. Enactment No: M2020-150 Motion authorizing a replacement purchase of two forklifts: one 2020 Hyster Fortis H6OFT lift truck and one 2020 Hyster W40ZA straddle stacker from Briggs Equipment, Inc., in an amount of $58,540.76, for the Utilities Department, effective upon issuance of letter of acceptance with funding available through the FY 2020 Water Fund. This Motion was passed on the consent agenda. Enactment No: M2020-151 Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC in an amount not to exceed $140,575.30 to purchase retainers, restraints, gaskets, and related supplies, in various sizes for the City Warehouse as a central distribution, with funding in FY 2020 in an amount of $8,000.00 available through the Stores Fund. This Motion was passed on the consent agenda. Enactment No: M2020-152 Motion authorizing the purchase of one new cold planer from HOLT Texas, Ltd., dba HOLT CAT, from Corpus Christi Texas, for a total amount of $410,886.29, which will be utilized to remove deteriorated asphalt in preparation of new pavement surfaces by Public Works, with FY 2020 funding in an amount of $410,886.29 available from the Streets Fund. Mayor McComb referred to Item 14. A Council Member and Director of Public Works/Street Operations Richard Martinez discussed the following topics: the street repair process will improve much more with the cold planer and the purchase of a second paver that will be considered at next week's meeting. Council Member Molina made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 9 - 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 Abstained: 0 Enactment No: M2020-153 City of Corpus Christi Page 7 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 15. 16. 17. 18. 19. Motion authorizing the purchase of one replacement 2021 Freightliner combination sewerjet/vacuum truck, from Freightliner, Inc. from Houston, TX for a total amount of $410,283.00, to be utilized to repair storm water drains throughout the City for Public Works, with FY 2020 funding available from the Fleet Fund. This Motion was passed on the consent agenda. Enactment No: M2020-154 Motion authorizing the purchase of seven tractor trucks from Lonestar Freightliner Group, LLC, Waco, Texas for a total amount of $967,505.00, which will be utilized to pull live bottom asphalt trailers and end dump trailers that haul materials to and from work sites on Public Works projects, with FY 2020 funding available from the Streets, Stormwater and Fleet Maintenance Funds. This Motion was passed on the consent agenda. Enactment No: M2020-155 Motion authorizing the purchase of five replacement live bottom trailers from Cooper Equipment Co., from San Antonio, Texas for a total amount of $405,790.00, which will be utilized to transport street related materials to worksites for Public Works throughout the City, with FY 2020 funding available through the Streets Fund. This Motion was passed on the consent agenda. Enactment No: M2020-156 Motion authorizing a lease -purchase for the addition of two street sweepers from TYMCO, Inc. from Waco, Texas in an amount of $624,973.32 to be utilized as part of the Mill and Overlay/Base Pavement repair projects by Public Works as additions to the fleet in support of the City's street maintenance with funding requested in the FY 2021 Proposed Budget through the Streets Fund. This Motion was passed on the consent agenda. Enactment No: M2020-157 Motion authorizing an 18 -month service agreement with Halff Associates, Inc. of Richardson, Texas for a total amount not to exceed $273,789.00 for the development of the 10 -Year Parks and Recreation Master Plan, with FY 2020 funding available from the Community Enrichment Fund and General Fund. Mayor McComb referred to Item 19. Council Members commended City Manager Peter Zanoni for the Master Plan City of Corpus Christi Page 8 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 that has been done on Bill Witt Park. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 9 - 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 Abstained: 0 Enactment No: M2020-158 20. Motion authorizing a five-year service agreement with Advance Stores Company, Inc., dba Advance Auto Parts, for an amount not to exceed $275,000.00 for the purchase of automotive parts for the Corpus Christi International Airport, with FY 2020 funding in an estimated amount of $5,000.00 available through the Airport Fund. This Motion was passed on the consent agenda. Enactment No: M2020-159 21. Motion authorizing the purchase of laptops, monitors, and accessories from Dell Marketing LP in the amount of $84,134.00 for Nueces County employees working at the Health District, with FY 2020 funding in the amount of $84,134.00 available from Nueces County's FY 2020 operating budget for the Health District. 22. This Motion was passed on the consent agenda. Enactment No: M2020-160 General Consent Items Motion authorizing Amendment No. 1 to the End User License Agreement in an amount not to exceed $57,675.00, for the addition of hosting services to the existing WebEOC Managed Hosting and Hybrid Installation Master Service Agreement with ESI Acquisition, Inc., of Augusta, Georgia, with FY 2020 funding in the Information Technology and Fire Grants in the amount of $49,040.00. This Motion was passed on the consent agenda. Enactment No: M2020-161 23. Motion authorizing a three-year service agreement with SoftwareONE, Inc., in an amount not to exceed $2,729,477.37 for a Microsoft Enterprise Volume License for the Information Technology Department, with FY 2020 funding in the amount of $909,825.79 funded through the City of Corpus Christi Page 9 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2020-162 Consent - Type A Small Business Incentive Agreements 24. Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $100,000 for their internship program to assist small businesses. This Motion was passed on the consent agenda. Enactment No: M2020-163 25. Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University - Corpus Christi to provide grant up to $150,000.00 for their internship program to assist small businesses. This Motion was passed on the consent agenda. Enactment No: M2020-164 26. Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $150,000 for their Contractor Resource Center program to assist small businesses bid for existing and upcoming large industrial opportunities. This Motion was passed on the consent agenda. Enactment No: M2020-165 27. Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College's Procurement Technical Assistance Center to provide grant up to $99,500 to assist small businesses bid for government contracts This Motion was passed on the consent agenda. Enactment No: M2020-166 28. Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund to provide grant up to $150,000 for their loan buy -down program to assist small businesses This Motion was passed on the consent agenda. Enactment No: M2020-167 City of Corpus Christi Page 10 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 29. Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant of up to $54,000 in FY 2021 to assist small businesses. This Motion was passed on the consent agenda. Enactment No: M2020-168 K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEMS 30 - 33) 30. Zoning Case No. 0720-03, Ruben Bonilla, Jr. (District 1). Ordinance rezoning property at or near 2713 Segrest Street from the "IL" Light Industrial District to the "CN -1" Neighborhood Commercial District. Planning Commission and Staff recommend Approval. Mayor McComb referred to Item 30. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern; and staff and Planning Commission's recommendation. Mayor McComb opened the public hearing. There were no written comments from the public. Mayor McComb closed the public hearing. A Council Member and Zoning Senior City Planner Andrew Dimas discussed the following topic: the reason for switching from "IL" to "CN -1" is because of the 40 foot buffer yard requirement to be installed due to the adjacency to single family residences. Council Member Barrera 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: 9 - 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 Abstained: 0 31. Zoning Case No. 0720-04, Petra Dilley (District 4). Ordinance rezoning property at or near 1014 Admiral Drive from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District. Planning Commission and Staff recommend Denial of the "CG -1" District in lieu thereof Approval of the "RS-6/SP" Single -Family 6 District with a Special Permit. (3/4 vote required to overrule Planning Commission recommendation.) Mayor McComb referred to Item 31. City of Corpus Christi Page 11 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern; and staff and Planning Commission recommend Denial of the "CG -1" District in lieu thereof Approval of the "RS-6/SP" Single -Family 6 District with a Special Permit. Mayor McComb opened the public hearing. There were no written comments from the public. Mayor McComb closed the public hearing. Council Members, Director Raymond and Senior City Planner Andrew Dimas discussed the following topics: the applicant agrees with this recommendation; issues with not having enough sound barrier between the carwash and the neighborhood; special buffers are required from commercial to residential; the fencing requirements are 8 feet in height and the buffer spacing is 15 feet in length; landscaping can help decrease the noise; and staff will work with the applicant to make operational changes to mitigate noise. Council Member Smith 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: 9 - 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 Abstained: 0 32. Ordinance Adopting the City of Corpus Christi Operating Budget and the Capital Improvement Program Budget for the Fiscal Year 2020-2021, Beginning October 1, 2020; Authorizing personnel complements; appropriating funds as provided in the budget. Mayor McComb referred to Item 32. Director of Management & Budget Eddie Houlihan presented information on the following topics: addresses City Council and community priorities; FY 2021 total City budget- $1.0 Billion; FY 2021 proposed budget general fund (with transfers); FY 2021 general fund budget: $265.3 Million; FY 2021 budgeted positions; fees and rates; emergency medical service rate schedule; community amendments; Council requests; staff amendments; FY 2021 Capital Budget $259.9 Million; and next steps. Council Members, City Manager Peter Zanoni, City Attorney Miles Risley, Director Houlihan and Interim Parks and Recreation Director Tracey Cantu discussed the following topics: London ISD is part of the City's Extraterritorial Jurisdiction (ETJ), therefore the after school program does extend to London ISD; a Council Member's request to separate the Capital Budget out from the Operating Budget, so they can be voted on separately; a Council Member's concern of the importance of having the Building Standards Board meetings, so whatever criteria is put together for a quorum is made easy for that board because they will have more issues with two additional Code Enforcement Officers; the Litter Critter program would help residents get in compliance, whereas Code Enforcement Officers will issue a citation and punish them; the City of Corpus Christi Page 12 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 City is currently reviewing the Litter Critter program and continuing to pick up brush from Hurricane Hanna; the staff will look into separating the capital budget from the operating budget on second reading; and the operating budget does not include any property tax rate increase or fees. Mayor McComb opened the public hearing. There were no written comments from the public. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance with the caveat of separating the two budgets, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Nay: 1 - Council Member Hernandez Abstained: 0 33. Ordinance setting a property tax rate of $0.646264 per $100 valuation which is effectively a 2.16% increase over the no new revenue tax rate. Mayor McComb referred to Item 33. Director of Finance Heather Hurlbert presented information on the following topics: FY 2021 tax rate; proposed tax rate same as FY 2020; property tax dollar; and next steps. Mayor McComb opened the public hearing. There were no written comments from the public. Mayor McComb closed the public hearing. Mayor McComb read the following statement: "During today's City Council meeting, the City Council will vote on the first reading of the proposed property tax rate of $0.646264 per $100 valuation for fiscal year 2021, and at the September 15, 2020 City Council meeting beginning at 11:30 am at City Hall, the City Council will vote on its second and final reading on the proposed property tax rate of $0.646264 per $100 valuation." Council Member and City Manager Peter Zanoni clarified that there was no tax rate increase in the budget. Council Member Smith made the following motion: "I move that the property tax rate be increased by the adoption of a tax rate of $0.646264 per $100 valuation which is effectively a 2.16% increase in the tax rate," seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith City of Corpus Christi Page 13 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 Nay: 1 - Council Member Hunter Abstained: 0 M. REGULAR AGENDA: (NONE) N. FIRST READING ORDINANCES: (ITEMS 34 - 36) 34. Ordinance ratifying the property tax increase reflected in the FY 2020-2021 Operating Budget that will require raising more revenue from property taxes than in the FY 2019-2020 Operating Budget in amount of $755,027. Mayor McComb referred to Item 34. Director of Management & Budget Eddie Houlihan presented information on the following topics: there is no change in the property tax rate, but the budget does raise more revenues than it did last year; and in order to not have this item, we would have to reduce the tax rate to bring in the same amount of revenue. Council Members, Director Houlihan and Director of Finance Heather Hurlbert discussed the following topics: a separate vote is required for the tax rate and a separate vote for the budget; the public will be paying $6 million less than last year; the 2.16% is not from new growth, it is from existing property values; and the $755,000 is related to existing properties, not new properties. Mayor McComb made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Molina and Council Member Roy Nay: 3 - Council Member Hernandez, Council Member Hunter and Council Member Smith Abstained: 0 35. Ordinance authorizing the acceptance of grant funds in an amount of $174,637 from the Texas Department of Transportation for the 2021 Comprehensive Selective Traffic Enforcement Project to increase traffic enforcement in the City with a City match of $57,682.22 in fringe benefits and department expenses with funds available from the FY 2021 General Fund; and appropriating $174,637 in the Police Grants Fund. Mayor McComb referred to Items 35 and 36. Chief Markle gave a brief update on the following information: the Selective Traffic Enforcement Project (STEP) grant is for DWI enforcement and traffic initiative; the Motor Vehicle Crime Prevention Authority grant allows for less auto theft, which is down about 50%; and the grants are paid for through the $2 per insurance policy that citizens pay in Texas. City of Corpus Christi Page 14 Printed on 9/11/2020 City Council Meeting Minutes September 8, 2020 Council Members and Chief Markle discussed the following topics: complaints from citizens about vehicle break-ins; and the grant allows the Police Department to educate the public by putting out flyers and doing random checks of vehicles in parking lots. Council Member Garza 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: 9 - 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 Abstained: 0 36. Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in an amount of $395,356.00 to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of $715,235.00 to fund three sworn officers and two civilians, and an in-kind match of office and equipment space $94,660.00 for a total City contribution of $809,895.00 and a total budget of $1,205,251.00; and appropriating $395,356.00 in the Police Grants Fund. Please refer to Item 35. Aye: 9 - 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 Abstained: 0 O. BRIEFINGS: (NONE) P. EXECUTIVE SESSION: (NONE) Q. IDENTIFY COUNCIL FUTURE AGENDA ITEMS: (NONE) R. ADJOURNMENT This meeting was adjourned at 2:09 p.m. City of Corpus Christi Page 15 Printed on 9/11/2020 CORPUS CHRISTI B CORPORATION Four (4) vacancies with terms to 9-30-22. Duties The Corpus Christi B Corporation administers the proceeds of the Type B sales tax, initiated in 2018, with the use of the proceeds for: (1) 50% for economic development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (2) up to $500,000 annually on affordable housing; and (3) the balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads. Composition The affairs of the Corporation shall be managed by a board of directors composed of seven persons appointed by the City Council. The terms of the directors shall be two years expiring on September 30. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively unless such service is required to complete an unexpired term. Once a director has served for a total of six consecutive years, unless an exception under the City Charter applies, his or her term shall immediately expire and his or her position shall become vacant. Three directors must be persons who are not employees, officers or members of the City Council of the City of Corpus Christi. Each director must be a resident and qualified elector of the City. Directors may also serve as Directors for the Corpus Christi Business and Job Development Corporation (CCBJDC). If a Director serves on both the Corporation's board and the CCBJDC's board, the expiration of the Director's term on the Corporation's board shall coincide with the expiration of his/her term on the board of the CCBJDC. The City Council may appoint a City Council member as a non-voting liaison to the corporation for purposes of facilitating communication between the City Council and the board. Member size Term length Term limit 7 2 years 6 years Name Leah Pagan Olivarri District District 4 Term 1 Appt. date 11/14/2017 End date 9/30/2020 Appointing Authority City Council Position Status Seeking reappointment Category Attendance 9/9 meetings 100% Diana Summers District 4 Partial 8/13/2019 9/30/2020 City Council Secretary Seeking reappointment 9/9 meetings 100% Robert Tamez District 5 1 7/24/2018 9/30/2020 City Council Vice -President Seeking reappointment 8/9 meetings 88% Lee A. Trujillo District 3 2 10/10/2017 9/30/2020 City Council Seeking reappointment 9/9 meetings 100% Scott M Harris District 1 2 10/1/2019 9/30/2021 City Council President Active John Valls District 5 2 10/1/2019 9/30/2021 City Council Active Alan R Wilson District 1 1 10/1/2019 9/30/2021 City Council Active Michael T. Hunter 3 10/1/2019 9/30/2021 City Council Non -Voting Active City Council Liaison 9-15-2020 CORPUS CHRISTI B CORPORATION Applicants Name District Coretta Graham District 3 Chris Hale District 3 Lynn A Valley District 1 CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2020 Application for a City Board, Commission, Committee or Corporation Profile Coretta First Name Email Address 5617 Bonner Dr Street Address Corpus Christi City What district do you live in?* F7 District 3 Current resident of the city? c:Yesr-No If yes, how many years? Graham Last Name 18 Mobile: (361) 815-8346 Business: (361) 723-1530 Primary Phone Alternate Phone Self employed Lawyer Employer Job title Work Address - Street Address and Suite Number 3206 Reid dr ste 105 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78404 TX 78412 State Postal Code Coretta Graham Page 1 of 6 Work E-mail address grahamlegalservices@yahoo.com Preferred Mailing Address Fir Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted BUILDING STANDARDS BOARD: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CRIME CONTROL & PREVENTION DISTRICT: Submitted PLANNING COMMISSION: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r: Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) 1.Thurgood Marshall School of Law 2. State Bar of Texas 3.CC Black Chamber of Commerce 4.Junior League of Corpus Christi 5. Leadership CC class of 34 6. Delta Sigma Theta Sorority Inc. CC Alumnae chapter if you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Job/Business corporation 2. B Corporation 3. Convention & Visitors Bureau 4. Regional Health committee 5. Planning Commission Why are you interested in serving on a City board, commission or committee? As a tax paying citizen and small business owner, i want more involvement in city matters that impact my life Coretta Graham Page 2 of 6 Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? 6. Yes r No Demographics Gender A Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes c No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes cr No Does your employer or your spouse's employer have a City contract? rYes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes ezNo Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r• No Do you or your spouse have a pending claire, lawsuit or proceeding against the City? rYes r: No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department, If you answer "NO" to all questions above, please enter N/A, N/A Coretta Graham Page 3 of 6 Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? * 17 Economic Development / Tourism RI Business Development Groups / Corporate Representative Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? * E! Lawyer Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r•' Yes r No Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? * Il Attraction Industry Question applies to TRANSPORTATION ADVISORY COMMISSION The Transportation Advisory Commission must have at least one member who represents the bicycling community. Do you qualify for this category? r Yes r• No Question applies to multiple boaras Are you willing to provide an Annual Report of Financia information as required by the Code of Ethics? Yes r No Coretta Graham Page 4 of 6 Question applies to PLANNING COMMISSION,CORPUS CHRISTI B CORPORATION CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? r• Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that ail members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Pr I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public information Act. 1 understand that under the Texas Public Information Act, .my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which 1 seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public information Act. Pr I Agree Coretta Graham Page 5 of 6 Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. p I Agree Coretta Graham Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Sep 04, 2019 Application for a City Board, Commission, Committee or Corporation Profile Chris First Name Email Address 4630 Deepdale Drive Street Address Corpus Christi City What district do you live in'? * I:7 District 3 Current resident of the city? c= Yes c- No If yes, how many years? 7 Mobile: (361) 445-5880 Pnmary Phone Hale Last Name Business: (361) 452-0470 Alternate Phone Binkley & Barfield Consulting Engineers Regional Director Employer Job Title... Work Address - Street Address and Suite Number 921 North Chaparral Street Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 TX State 78413 Postal Code Chris Hale Page 1 of 5 Work Phone (361)452-0470 Work E-mail address chale@binkleybarfield.com Preferred Mailing Address p Work Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? a' Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other City Boards at this time. Education, Professional and/or Community Activity (Present) Bachelor Degree in Civil Engineering from University of Minnesota, Minneapolis, MN Texas State House of Representatives, District 34 - Party Nominee Society of American Military Engineers (SAME) American Society of Civil Engineers (ASCE) Texas Society of Professional Engineers (TSPE) If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Business and Job Development Corporation (Type A) Corpus Christi B Corporation Why are you interested in serving on a City board, commission or committee? As a licensed Professional Engineer in the State of Texas, 1 have a solid background in cost estimating, project funding, budgeting, scheduling, and advertisement of project bids. I have provided a leadership history which has been escalating in the community and have a keen interest in making the business community a better one with high quality client relations. ,oload aesume Are you an ex -Officio member of a City Board, commission or committee? rYes r• No Chris Hale Page 2 of 5 Demographics Gender 1-1 Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes (7 No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes 6- No Does your employer or your spouse's employer have a City contract? rYes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes c No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r= No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes r•'No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board -specific questions (if applicable) Chris Hale Page 3 of 5 Question applies to PLANNING COMMISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMIENT CORPORATION Are you a registered voter? (7 Yes ('No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 67 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. gic I Agree Chris Hale Page 4 of 5 Consent for Release of Information i understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public information Act, my home address and home telephone number is subject to public disclosure unless l am elected or appointed to the position which 1 seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. N7 I Agree Chris Hale Page 5 of 5 Binkley Barfield consulting engineers Chris Hale, P.E. Regional Director, BBI Corpus Christi, TX Civil Engineering Chris is seeking a position as a Corpus Christi Business Development Administrator, residing in District 3, and practicing as a licensed civil engineer in the State of Texas providing extensive leadership experience in helping the community achieve its goals. Professional Experience (last 6 -years) Chris has more than 20 -years of experience in transportation civil engineering, design, cost estimating, budgeting, scheduling and project management. Binkley & Barfield consulting engineers (Corpus Christi) Currently (2019), Chris heads the new local branch for BBI (Houston-based) as the Regional Director for a full-service civil engineering consulting firm and is experienced in requesting, writing, reviewing, and negotiating proposals on RFQ/RFP Submittals for City Bond Projects, County, Port Authority and other projects. He is responsible for all financial management, planning, project development and staffing. Govind Development, LLC (Corpus Christi) As Civil Section Manager for Govind Development (2018), Chris managed client proposals, budgets and contract work on behalf of the City of Corpus Christi, Port Authority of Corpus Christi, and Nueces County as well as other major local clients. He managed all design for Bond 2018, Voestalpine Drainage Project, Port Authority Access Easement Road, Hike & Bike Trail with ADA accessibility. TxDOT access permits with Development services, Beach Access Roads, and Hike & Bike Trails with ADA accessibility. City of Corpus Christi (Public Service) Chris is widely recognized for strong leadership in working as a Major Projects Engineer/Senior Project Manager for the City of Corpus Christi in Texas, for almost four years (from 2015), in coordination with state and local stakeholders and the community at large. While at the City of Corpus Christi, Chris helped create and manage budgets and schedules for Street Bonds (2012/2014/2016), over $100 million annually, such as Ocean Drive, Staples Street and Gollihar Road with all Traffic Signal and Striping IDIQ's. Providing innovative techniques in management, Chris was a key driver and manager in a record- setting year (2017) of production output for the Engineering Services Department in producing 2 -street projects per month for advertisement and delivering miles of new street -work for the City. In addition, he helped to start and manage the Citywide Street Preventative Maintenance Program (SPMP) as a method of delivering over 150 resurfaced local roads to the public at $16 million ongoing annual budget. RHSI, Inc. (Corpus Christi) Senior Project Manager for initiating the Citywide SPMP (2013) with budgeting and ADA accessibility for resurfaced street segments (by District ratios) of city arterials, collectors and local roads, as overlays and sealcoats. Developed contract and front-end documents for the advertisement of bids. Provided on-going construction administration and management. Managed all other design engineering services for other local clients. Managed budget and schedule for all local office work. Chris has a strong understanding of community and client relations, a sense of value -based budgeting, the importance of reliable long-lasting business products, serviceability, and the significance of consistent quality and lifecycle reliability. Education & Organizations Bachelor of Science Civil Engineering - University of Minnesota, Minneapolis MN - Professional Engineer in Texas (No.117759) Society of American Military Engineers (SAME) American Society of Civil Engineers (ASCE) Texas Society of Professional Engineers (TSPE) State House of Representatives, Dist. 34 - Party nomination (2018) Binkley & Barfield, Inc. 1 Registration No. F-257 • 921 Chaparral St - Corpus Chnsti. Texas 78401 • Tel: 361-452-0470 Fax. 713.869.6702 • www. BinkleyBarfield.com CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Aug 31, 2020 Profile Mrs Lynn First Name Prefix Email Address 9573 leopard dr Street Address Corpus Christi City What district do you live in? * F7 District 1 Current resident of the city? r Yes r No if yes, how many years? 40 Mobile: (361) 336-9271 Primary Phone A Valley Middle Initial Last Name Home: (361) 683-6170 Alternate phone Work Address - Street Address and Suite Number n/a Work E-mail address none Preferred Mailing Address F7 Home/Primary Address #208 Suite or Apt TX 78410 State Postal Code Mrs Lynn A Valley Page 1 of 5 Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted ETHICS COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? if so, please list: no Education, Professional and/or Community Activity (Present) GED Why are you interested in serving on a City board, commission or committee? Have lived here 35 yrs, the city has always been therer for me. Would like to start beimg there for it. Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time, If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? ✓ Yes r• No Demographics Gender J Female Code of Ethics - Rules of Conduct/Conflicts of Interest Mrs Lynn A Valley Page 2 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes rr No Does your employer or your spouse's employer have a City contract? ✓ Yes (7 No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r•' No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes cr No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes 6. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. if you answer "NO" to al! questions above, please enter N/A. n/a Board -specific questions (if applicable) Question applies toAiNIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? * Pr None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Ague Dulce, San Patricio, Part Aransas and Robstown) c Yes r No Mrs Lynn A Valley Page 3 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? is Yes r No Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? F7 Business of Renting of Dwellings Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r: Yes r- No Question applies to PLANNING COMMISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DE\fELOPtv1ENT CORPORATION Are you a registered voter? r• Yes r• No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Ei I Agree Mrs Lynn A Valley Page 4 of 5 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Pr I Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. Pr I Agree Oath I swear that ail of the statements included in my application and attached documents, if any, are true and correct. RI 1 Agree Mrs Lynn A Valley Page 5 of 5 CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Four (4) vacancies with terms to 9-30-22. Duties The Corpus Christi Business and Job Development Corporation is organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. Composition The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven persons appointed by the City Council. The terms of the directors shall be two years, expiring on September 30. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident and qualified elector of the City. Once a director has served for a total of six consecutive years, unless an exception under the City Charter applies, his or her term shall immediately expire and his or her position shall become vacant. Member size Term length Term limit 7 2 years 6 years Appointing Name District Term Appt. date End date Authority Position Status Attendance Leah Pagan Olivarri District 4 1 10/1/2018 9/30/2020 City Council Seeking reappointment 11/11 meetings 100% Diana Summers District 4 Partial 8/13/2019 9/30/2020 City Council Secretary Seeking reappointment 11/11 meetings 100% Robert Tamez District 5 1 7/24/2018 9/30/2020 City Council Vice -President Seeking reappointment 10/11 meetings 90% Lee A. Trujillo District 3 2 9/13/2016 9/30/2020 City Council Seeking reappointment 11/11 meetings 100% Scott M Harris District 1 2 10/1/2019 9/30/2021 City Council President Active John Valls District 5 2 10/1/2019 9/30/2021 City Council Active Alan R Wilson District 1 1 10/1/2019 9/30/2021 City Council Active 9-15-2020 CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Applicants e District Coretta Graham District 3 Chris Hale District 3 Lynn A Valley District 1 CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2020 Application for a City Board, Commission, Committee or Corporation Profile Coretta Graham First Name Last Name Email Address 5617 Bonner Dr Street Address Corpus Christi City What district do you live in? * 1:7 District 3 Current resident of the city? Yes r No If yes, how many years? 18 Mobile: (361) 815-8346 Business: (361) 723-1530 Primary Phone Alternate Phone Self employed Lawyer Emnioyer Job Title Work Address - Street Address and Suite Number 3206 Reid dr ste 105 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78404 TX State 78412 Postal Code Coretta Graham Page 1 of 6 Work E-mail address grahamlegalservices@yahoo.com Preferred Mailing Address F7 Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted BUILDING STANDARDS BOARD: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CRIME CONTROL & PREVENTION DISTRICT: Submitted PLANNING COMMISSION: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r•• Yes r No Do you currently serve on any other City board, commission or committee at this time? if so, please list: No Education, Professional and/or Community Activity (Present) 1.Thurgood Marshall School of Law 2. State Bar of Texas 3.CC Black Chamber of Commerce 4.Junior League of Corpus Christi 5. Leadership CC class of 34 6. Delta Sigma Theta Sorority Inc. CC Alumnae chapter if you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Job/Business corporation 2. B Corporation 3. Convention & Visitors Bureau 4. Regional Health committee 5. Planning Commission Why are you interested in serving on a City board, commission or committee? As a tax paying citizen and small business owner, i want more involvement in city matters that impact my life Coretta Graham Page 2 of 6 Are you an ex -Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. if you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender Fl Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? rYes r'No Do you, your spouse, your business or your spouse's business have a City contract? rYes r;No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? rYes c:No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer ''Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department, If you answer "NO" to all questions above, please enter N1A, N/A Coretta Graham Page 3 of 6 Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? * Fl Economic Development / Tourism Wr Business Development Groups / Corporate Representative Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? * Fl Lawyer Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes r No Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? * W Attraction Industry Question applies to TRANSPORTATION ADVISORY COMMISSION The Transportation Advisory Commission must have at least one member who represents the bicycling community. Do you qualify for this category? r Yes r' No Question applies to multiple boaras Are you willing to provide an Annual Repo r# of Financial information as required by the Code of Ethics? c. Yes r No Coretta Graham Page 4 of 6 Question applies to PLANNING COMNIISSION,CORPUS CHRISTI B CORPORATION CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? 6- Yes r'No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that ail members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. R I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 1;7 I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, .my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which 1 seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and ail liability whatsoever if the information rnust be released pursuant to the Texas Public Information Act. fJ I Agree Coretta Graham Page 5 of 6 Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. F7 I Agree Coretta Graham Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Sep 04, 2019 Application for a City Board, Commission, Committee or Corporation Profile Chris Hale First Name Last Name Email Address 4630 Deepdale Drive Street Address Corpus Christi TX City State What district do you live in? * F7 District 3 Current resident of the city? r= Yes r No If yes, how many years? 7 Mobile: (361) 445-5880 Primary Phone Business: (361) 452-0470 Alternate 2hone Binkley & Barfield Consulting Engineers Regional Director Employer Job Title Work Address - Street Address and Suite Number 921 North Chaparral Street Work Address - City Corpus Christi Work ,Address - State Texas 'iloris Address - Zip Code 78401 78413 Postal Code Chris Hale Page 1 of 5 Work Phone (361)452-0470 Work E-mail address chale@« binkleybarfield.com Preferred Mailing Address FT Work Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? 6' Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other City Boards at this time. Education, Professional and/or Community Activity (Present) Bachelor Degree in Civil Engineering from University of Minnesota, Minneapolis, MN Texas State House of Representatives, District 34 - Party Nominee Society of American Military Engineers (SAME) American Society of Civil Engineers (ASCE) Texas Society of Professional Engineers (TSPE) If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Business and Job Development Corporation (Type A) Corpus Christi B Corporation Why are you interested in serving on a City board, commission or committee? As a licensed Professional Engineer in the State of Texas, I have a solid background in cost estimating, project funding, budgeting, scheduling, and advertisement of project bids. I have provided a leadership history which has been escalating in the community and have a keen interest in making the business community a better one with high quality client relations. U01oad a Resume Are you an ex -Officio member of a City Board, commission or committee? r Yes r• No Chris Hale Page 2 of 5 Demographics Gender Pr Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? ✓ Yes r: No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes cNo Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes t: No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r: No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. if you answer "NC" to all questions above, please enter N/A. N/A Board -specific questions (if applicable) Chris Hale Page 3 of 5 Question applies to PLANNING COMMISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? Yes No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. a7 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Pr I Agree Chris Hale Page 4 of 5 Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which 1 seek. l hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. l hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. F7 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Chris Hale Page 5 of 5 116 Binkley Barfield consulting engineers Chris Hale, P.E. Regional Director, BBI Corpus Christi, TX Civil Engineering Chris is seeking a position as a Corpus Christi Business Development Administrator, residing in District 3, and practicing as a licensed civil engineer in the State of Texas providing extensive leadership experience in helping the community achieve its goals. Professional Experience (last 6 -years) Chris has more than 20 -years of experience in transportation civil engineering, design, cost estimating, budgeting, scheduling and project management. Binkley & Barfield consulting engineers (Corpus Christi) Currently (2019), Chris heads the new local branch for BBI (Houston-based) as the Regional Director for a full-service civil engineering consulting firm and is experienced in requesting, writing, reviewing, and negotiating proposals on RFQ/RFP Submittals for City Bond Projects, County, Port Authority and other projects. He is responsible for all financial management, planning, project development and staffing. Govind Development, LLC (Corpus Christi) As Civil Section Manager for Govind Development (2018), Chris managed client proposals, budgets and contract work on behalf of the City of Corpus Christi, Port Authority of Corpus Christi, and Nueces County as well as other major local clients. He managed all design for Bond 2018, Voestalpine Drainage Project, Port Authority Access Easement Road, Hike & Bike Trail with ADA accessibility. TxDOT access permits with Development services, Beach Access Roads, and Hike & Bike Trails with ADA accessibility. City of Corpus Christi (Public Service) Chris is widely recognized for strong leadership in working as a Major Projects Engineer/Senior Project Manager for the City of Corpus Christi in Texas, for almost four years (from 2015), in coordination with state and local stakeholders and the community at large. While at the City of Corpus Christi, Chris helped create and manage budgets and schedules for Street Bonds (2012/2014/2016), over $100 million annually, such as Ocean Drive, Staples Street and Gollihar Road with all Traffic Signal and Striping IDIQ's. Providing innovative techniques in management, Chris was a key driver and manager in a record- setting year (2017) of production output for the Engineering Services Department in producing 2 -street projects per month for advertisement and delivering miles of new street -work for the City. In addition, he helped to start and manage the Citywide Street Preventative Maintenance Program (SPMP) as a method of delivering over 150 resurfaced local roads to the public at $16 million ongoing annual budget. RHSI, Inc. (Corpus Christi) Senior Project Manager for initiating the Citywide SPMP (2013) with budgeting and ADA accessibility for resurfaced street segments (by District ratios) of city arterials, collectors and local roads, as overlays and sealcoats. Developed contract and front-end documents for the advertisement of bids. Provided on-going construction administration and management. Managed all other design engineering services for other local clients. Managed budget and schedule for all local office work. Chris has a strong understanding of community and client relations, a sense of value -based budgeting, the importance of reliable long-lasting business products, serviceability, and the significance of consistent quality and lifecycle reliability. Education & Organizations Bachelor of Science Civil Engineering - University of Minnesota, Minneapolis MN - Professional Engineer in Texas (No.117759) Society of American Military Engineers (SAME) American Society of Civil Engineers (ASCE) Texas Society of Professional Engineers (TSPE) State House of Representatives, Dist. 34 - Party nomination (2018) Binkley & Barfield, Inc.1 Registration No. F-257 • 921 Chaparral St- Corpus Christi. Texas 78401 • Tel: 361452-0470 I Fax: 713.869.6702 • www.BinkleyBarfield.com CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Aug 31, 2020 Profile Mrs Lynn Prefix First Name Email Address 9573 leopard dr Street Address Corpus Christi City What district do you five in? * 17 District 1 Current resident of the city? r• Yes r No if yes, how many years? 40 Mobile: (361) 336-9271 Primary Phone A Middle Initial Home: (361) 683-6170 Alternate Phone Work Address - Street Address and Suite Number n/a Work E-mail address none Preferred Mailing Address Ri Home/Primary Address Valley Last Name #208 Suite or Apt TX State 78410 Postal Code Mrs Lynn A Valley Page 1 of 5 Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted ETHICS COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) GED Why are you interested in serving on a City board, commission or committee? Have lived here 35 yrs, the city has always been therer for me. Would like to start beimg there for it. Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time, if you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? ✓ Yes r'No Demographics Gender P. Female Code of Ethics - Rules of Conduct/Conflicts of Interest Mrs Lynn A Valley Page 2 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? • Yes No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes rz No Does your employer or your spouse's employer have a City contract? ✓ Yes (7 No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes (7 No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes 6* No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to al! questions above, please enter N/A. n/a Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? * 17 None of the above Question applies Io CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORIT'( Are you a qualified voter* residing in, the Authority? (Note: Authority includes the following services areas; Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Ague Dulce, San Patricia Port Aransas and Robstown) 6- Yes r No Mrs Lynn A Valley Page 3 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? 6- Yes rpNo Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? * F7 Business of Renting of Dwellings Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? c Yes r- No Question applies to PLANNING COMMISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? r• Yes r- No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. pi I Agree Mrs Lynn A Valley Page 4 of 5 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and ail liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. Pr I Agree Mrs Lynn A Valley Page 5 of 5 CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Six (6) vacancies with terms to 9-30-24, representing the following categories: 3 - Property Owner, 2 - Agent, Employee or Tenant (AET) and 1- Stock Owner. (Note: Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. The Corpus Christi Downtown Management District is recommending the reappointments of Cheryln Boyd (Property Owner), Raymond Gignac (Property Owner), Krystof Kucewicz (AET), Lesley Lomax (AET), Janet Maxwell (Stock Owner) and Cheryl Votzmeyer (Property Owner). Duties The Corpus Christi Downtown Management District provides maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. Composition The district is composed of at least nine, but not more than thirty directors, serving four-year staggered terms. Directors must represent one of the following categories: a resident of the district; an owner of property in the district; an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district; an owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. Member Size 15 Term Length 4 Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Cherylyn M Boyd District 1 2 12/8/2015 9/30/2020 City Council Seeking reappointment Property Owner 9/10 meetings 90% Raymond Gignac District 4 4 8/21/2001 9/30/2020 City Council Seeking reappointment Property Owner 9/10 meetings 90% Krystof Kucewicz District 1 Partial 6/23/2020 9/30/2020 City Council Seeking reappointment AET 1/1 meetings 100% Lesley B. Lomax District 4 Partial 11/12/2019 9/30/2020 City Council Seeking reappointment AET 8/9 meetings 89% Janet Maxwell District 4 1 12/18/2012 9/30/2020 City Council Seeking reappointment Stock Owner 9/10 meetings 90% Cheryl A Votzmeyer District 1 Partial 4/9/2019 9/30/2020 City Council Seeking reappointment Property Owner 10/10 meetings 100% Jaime N Barrera District 4 Partial 3/24/2020 9/30/2022 City Council Active Resident Eric R Gutschow District 5 1 9/12/2017 9/30/2022 City Council Active Property Owner Casey Lain District 2 3 6/8/2010 9/30/2022 City Council Active Property Owner 9-15-2020 Name District District 4 Term 2 Appt. date 8/12/2014 End date 9/30/2022 Appointing Authority City Council Position Status Active Category Property Owner Attendance Brad Lomax Dee Dee Perez District 5 3 6/8/2010 9/30/2022 City Council Secretary Active Agent, Employee or Tenant Glenn R. Peterson District 4 3 6/8/2010 9/30/2022 City Council Active Property Owner Joshua Richline District 2 Partial 11/12/2019 9/30/2022 City Council Active Agent, Employee or Tenant Harold Shockley Jr. District 5 2 5/8/2012 9/30/2022 City Council Chair Active Agent, Employee or Tenant Caitlin Shook District 4 Partial 4/10/2018 9/30/2022 City Council Active Agent, Employee or Tenant 9-15-2020 CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Applicants Name District Category Suzelle M Tinnell District 4 Stock Owner Agent Employee or Tenant CITY OF CORPUS CHRISTI Submit Date: Oct 15, 2019 Application for a City Board, Commission, Committee or Corporation Profile Suzelle M Tinnell First Name Middle Initial Last Name Email Address 5541 Ocean Drive Street Address Corpus Christi City What district do you live in? * rJ District 4 Current resident of the city? r Yes r No If yes, how many years? 7 Mobile: (206) 650-6095 Primary Phone Business: (361) 653-5151 Alternate Phone Director, Enterprise Planning & America n Bank Alignment Employer Job Title Work Address - Street Address and Suite Number 800 N Shoreline Blvd, Ste 2N Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 TX State 78412 Postal Code Suzelle M Tinnell Pane 1 of 5 Work Phone 3616535151 Work E-mail address stinnell@a americanbank.com Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted Interests & Experiences Are you a registered voter? c' Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BBA, TAMU-CC Leadership Corpus Christi 42 Executive Management team for American Bank If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I have not yet applied for any other board committees, but plan on applying for two more opportunities: 1. Corpus Christi Regional Economic Development Corporation 2. Clean City Advisory Committee 3. CC Community Investment Corporation/Loan Review Committee Why are you interested in serving on a City board, commission or committee? I would like to utilize my management, planning and organizational skills to help improve our city for current residents and to identify opportunities and investments that can be made to improve the city's livability and quality of life to make it more attractive as a home to prospective citizens and young people who have grown up here or are attending our local colleges and university. Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? r Yes c No Suzelle M Tinnell Pane 2 of 5 Demographics Gender Iq Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. I did not answer "yes" to any of the questions above, but the form required me to complete this section. Board -specific questions (if applicable) Suzelle M Tinnell Pane 3 of 5 Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Stock Owner 17 Agent Employee or Tenant Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 1 Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (7 1 Agree Suzelle M Tinnpll Pane 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Suzette M Tinnell Pane 5 of 5 SUZELLE MALDONADO TINNELL 206.650.6095 • 5541 Ocean Dr, Corpus Christi, TX 78412 • suzelletinnell@gmail.com EXECUTIVE PROFILE Senior business leader with track record of identifying and implementing practical solutions and establishing best practices that enable results by focusing on the customer, optimizing resources, leading execution, and improving overall organization effectiveness. Adept at engaging team members and business leaders to quickly understand business objectives and enabling strategies; review, validate and align priorities; and put realistic plans in place to deliver against key initiatives. Known for building relationships, collaborating across all functions and levels, and motivating and developing teams that consistently deliver value in a dynamic and team -oriented environment. PROFESSIONAL EXPERIENCE American Bank, N.A., Corpus Christi, TX 2012 -Present Director, Enterprise Planning and Alignment (2017 -Present) Responsible for developing and managing the enterprise strategy based on business objectives and long term goals. Identifies and oversees execution of strategic initiatives, develops Key Performance Indicators (KPIs), management reporting and dashboards; and ensures cross -company alignment of strategies, objectives and KPI's. In addition, oversees the enterprise PMO function to ensure that company initiatives are understood, prioritized and implemented to increase organizational effectiveness, deliver a superior client experience, and maximize shareholder value. Chief Deposit Services Officer (2016-2017) Responsible for overseeing bank -wide branch operations, including consumer and business deposit services, treasury management, customer service, and the enterprise project management office. Lead a team of senior bank officers focused on delivering relevant banking solutions that help our clients accomplish their personal and business objectives, better manage their finances, and protect their financial assets. Manager, Project Management Office (2012-2016) Lead planning and project management efforts to ensure successful delivery of key strategic initiatives, including new bank products and services, and focused on improving organizational and operational efficiency. Work directly with senior management team to identify strategic objectives, set project priorities aligned with business goals and develop realistic implementation plans, while considering resource constraints. Responsible for maturing the bank's project planning competency by partnering with business teams to provide training, coaching and advocacy for project management best practices. Slalom Consulting, LLC, Seattle, WA 2011-2012 Program Manager, Health Plan Business Transformation Project: Group Health Cooperative Led a large, complex technology systems implementation program for a regional health plan and care delivery organization. Responsible for planning and managing all phases of the technology implementation, incorporating project management principles and advocating for the application of standard systems development lifecycle processes. Partnered closely with business operations program manager and business leaders to define scope, understand business requirements, track and govern the overall program. Set direction and provided mentoring to 7 technical project managers, and provided ongoing business consulting to executive leaders. Initial client engagement included establishment of a Program Management Office, including developing and implementing a program organization and governance structure, as well as project management processes. Resume - Suzelle Tinnell (206) 650- 1 6095 Starbucks Coffee Company, Seattle WA 1996 - 2010 Vice President, IT Business & Project Management (2004 - 2010) Interim Executive Leader, HR Systems Team (2008 - 2009) Interim Executive Leader, Information Security & Services Team (2009-2010) Responsible for establishing and leading business operations functions for a large, centralized IT organization. Led the creation and implementation of the IT Business and Project Management organization with over 60 employees across a diverse set of functional areas including IT Program Management Office, Portfolio and Resource Management, Governance, Strategic Planning, IT Financial Management and Cost Optimization, Enterprise Telecom and Network Cost Management, Strategic Vendor Management, IT Effectiveness, and IT Audit Compliance. Director, IT Finance and PMO (2001 - 2004) Manager, IT Finance (1998 - 2001) Senior Financial Analyst, Corporate Development (1996 - 1998) U.S. Bank of Washington, Kennewick, WA 1992 - 1996 Assistant Vice President, Commercial Account Officer • Developed new business, enhanced client relationships and increased bank profitability by cross - selling bank products and services, meeting or exceeding growth and credit quality goals for each year. • Increased professional client base, establishing first portfolio of private banking clients in market. • Evaluated, granted and/or recommended credit requests for commercial clients, and negotiated terms and conditions of loans based upon perceived risk and profitability. • Delivered presentations covering topical banking issues to community organizations, local trade shows and economic development forums. Puget Sound Bank, Seattle, WA 1989 - 1992 Commercial Loan Support Officer (1991-1992) • Evaluated commercial credit requests for commercial loan clients using financial statement analysis tools such as trend analysis, projection and sensitivity analysis, ratio, cash flow and management analysis. • Conducted business development activities increasing bank's market share and contribute to overall growth. Credit Analyst/Credit Analyst Supervisor (1989 - 1991) • Analyzed corporate financial statements, cash flows, ratios and projections to evaluate past, present and future financial strength of commercial borrowers and assist commercial loan officers in the determining credit worthiness. • Supervised three credit analysts and one management trainee. Republic Bank, Torrance, CA 1989 • New Accounts and Customer Service supervisor, responsible for meeting with new and existing bank customers to understand their deposit account needs and recommend suitable bank services and accounts. • Responsible for explaining account details to customer to ensure their understanding of the rules and requirements of bank products. Also responsible for documenting accurate customer information and processing documents necessary to open new accounts. • Provided back-up customer service support during busy periods and other special projects as assigned. Nueces National Bank, Corpus Christi. TX 1984-1987 • Promoted to New Accounts Representative, from back-office customer support role. Responsible for meeting with new and existing bank customers to understand their checking, savings, CD/IRA or other deposit account needs and recommend suitable bank services and accounts. Resume - Suzelle Tinnell (206) 650- 2 6095 • Responsible for explaining account details to customer to ensure their understanding of the rules and requirements of bank products. Also responsible for documenting accurate customer information and processing documents necessary to open new accounts. • Attended business banking customer meetings with commercial loan officers to provide information regarding bank's deposit account products, rates and other services. • Provided back-up customer service support during busy periods and other special projects as assigned. EDUCATION Bachelor of Business Administration, emphasis in Finance; Texas A&M Corpus Christi Northwest Intermediate Commercial Lending School; University of Portland Graduate School of Business Executive Education; University of Chicago • Strategic Business Leadership: Creating and Delivering Value • Information Technology for non -IT Managers: Foundations of e-business Stanford Center for Professional Development • Advanced Project Management Program: Mastering the Project Portfolio Resume - Suzelle Tinnell (206) 650- 3 6095 COMMUNITY INVOLVEMENT Secretary, Texas A&M Corpus Christi National Alumni Board, 2014-2016 President, PEO International, (Philanthropic Education Organization), 2015-2016 Cruising Co -Chair, Corpus Christi Yacht Club, 2015 Leadership Corpus Christi, Class 42, 2013 Parent Board Member, Holy Names Academy, Seattle, WA 2009- 2011 Volunteer, Technology Access Foundation, Seattle, WA, 2008-2010 Board Member, Tri -Cities Corporate Council for the Arts, Richland, WA, 3 years Campaign Team Leader, United Way, Richland Washington, 2 years Business Consultant, Junior Achievement, Richland, WA, 2 years Student Mentor, Partners in Public Education, Seattle, WA, 1 year Resume - Suzelle Tinnell (206) 650- 4 6095 ETHICS COMMISSION Three (3) vacancies with terms to 9-30-23. (Members are appointed by two-thirds vote of the full Council). Duties The Ethics Commission, in addition to having jurisdiction over complaints involving any "city official", are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. Composition Nine members appointed by a two-thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city, but interested individuals may also submit their names for consideration. Members shall hold office for three-year terms commencing October 1. No holding over is permitted except as expressly provided in the Code of Ethics. The commission shall elect a Chairperson and a Vice -Chairperson. Member size 9 Term length 3 Term limit 6 Name District Term Appt. date End date Appointing Au Position Status Attendance Claude C. Axel District 4 1 10/10/2017 9/30/2020 City Council Seeking reappointment 4/4 meetings 100% Keith Heavilin District 4 1 10/10/2017 9/30/2020 City Council Not seeking reappointment Drue Jones District 2 1 6/23/2015 9/30/2020 City Council Chair Seeking reappointment 3/4 meetings 75% (1 excused absence) David J Bendett District 4 Partial 1/14/2020 9/30/2021 City Council Active Edward Sample District 5 1 9/18/2018 9/30/2021 City Council Active Sandra Sanchez District 5 1 9/18/2018 9/30/2021 City Council Active Rob Bailey District 4 2 10/1/2019 9/30/2022 City Council Vice -Chair Active Richard G. Hood District 5 2 10/1/2019 9/30/2022 City Council Active Craig Rogers District 4 2 10/1/2019 9/30/2022 City Council Active 9-15-2020 ETHICS COMMISSION Applicants Name District Ed Bennett District 5 Adam R Copeland District 5 Violeta C Guerra District 5 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Dec 20, 2019 Profile Mr. Ed 6513 Miranda Dr. Bennett Corpus Christi TX What district do you live in? * p7 District 5 Current resident of the city? 6. Yes r No If yes, how many years? 10 Home: (956) 792-5534 Bennett Consulting Home: (956) 874-9325 Certified Public Accountant / Certified Fraud Examiner / Regent Del Mar College Work Address - Street Address and Suite Number 6513 Miranda Dr Work Address - City Corpus Christi Work Address - State tx Work Address - Zip Code 78414 78414 Mr. Ed Bennett Page 1 of 5 Work Phone 9567925534 Work E-mail address ed@southtexasmis.com Preferred Mailing Address Pr Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional andror Community Activity (Present) BBA, MS Accountancy University of Houston Regent Del Mar College CPA CFE Why are you interested in serving on a City board, commission or committee? My background and experience can be a valuable asset for the ethics commission. I want to raise the ethical standards of the entire area to instill confidence in our taxpayers and businesses. Are you an ex -Officio member of a City Board, commission or committee? r Yes c No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No Demographics Mr. Ed Bennett Page 2 of 5 Gender p Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes 6' No Does your employer or your spouse's employer have a City contract? ✓ Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes c No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes 6- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes 6- No If you answer "Yes" to any of the questions above. please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N,A. I have not answered yes to any of these questions. Board -specific questions (if applicable) Mr. Ed Bennett Page 3 of 5 ues[on apQnes tO boar's Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 1 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. PI I Agree Mr. Ed Bennett Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. Pr I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. PT I Agree Mr. Ed Bennett Page 5 of 5 Ed Bennett, CFE, CPA 6513 Miranda Dr. Corpus Christi, Texas 78414 (ed@southtexasmis.com) (956) 792-5534 EXPERIENCE Regent — Del Mar College Corpus Christi, Texas Bennett Consulting/Valley M.I.S./ South Texas M.I.S., LLC 2016 (six-year term) 1997- Present • Management Information Systems consulting company based in the Rio Grande Valley of Texas. Provided computer network consulting to clients ranging from local area network design to wide area networks linking multiple locations. • Software conversion — converted clients from either manual or earlier Windows or UNIX based systems to newer Windows based systems. Supervised conversions for several accounting software packages. • Internal control evaluation. Design control systems to help prevent the loss of assets. Analyzed and flow charted the internal control systems for client with assets in excess of one hundred million dollars. Recommended and supervised the implementation of changes to enhance the company's internal controls system. • Forensic accounting services to reconstruct and document embezzlement activity. • Accounting Controllership responsibilities for small clients. Trained accounting personnel. HB Distribution, Inc. 1992 — 1997 • Founded this computer components distribution Company that began operations with four employees in a fifteen hundred square foot warehouse. In the five years of operations, the Company generated ninety million dollars of revenue and employed forty-three people in three locations. • Setup internal control system and the VAX computer network to support a wide area network linking the San Antonio, Dallas and Houston warehouse operations. • Negotiated all banking relationships • Performed all financial planning and forecasting Star stream Communications, Inc. 1990 — 1992 • Coordinated the financial reporting for this publically-traded company to consolidate the Polish operation into the United States reporting entity. Replaced entire accounting staff in the United States and met with accountant in Warsaw Poland three times during 1991 to create accurate records that allowed the Company to files accurate financial reports with the Securities and Exchange Commission. • Installed a working internal control system into this operation that did not have segregated accounting duties. Entertainment Marketing Incorporated 1988 - 1990 Executive Vice President and Chief Financial Officer • American Stock Exchange Company. Inc. Magazine's number one fastest growing public Company in 1988. • Identified internal control weaknesses in this entrepreneurial environment. Convinced the CEO, Through very detailed financial analysis, that the company could not survive without immediate alteration in the direction of its management. • Designed and implemented the short-term business plan that resulted in complete restructuring of the management. • Developed banking relationships that resulted in implementing a cash management system that saves the company in excess of $150,000 per year. Negotiated substantially lower insurance rates. -Consummated $20 million asset-based line of credit within fourteen months of my being hired. E.R.C. Industries, Inc. 1986 - 1988 Vice President of Finance and Administration • Identified areas of potential cost savings and evaluated the impact on the company's operations. • Designed the financial plan that enabled the company to successfully file for protection under Chapter 11 of the Federal Bankruptcy Code and later emerge as a viable, publicly traded entity. • Implemented a credit policy and hired the company's first credit manager to monitor the policy. • Formulated and installed a budgeting system that forecast the company's revenues and expenses, by financial statement line item, for twelve months, including the pro forma balance sheet and cash flow statements. • Filed initial S-2 and 10-K reports with the S.E.C. Strata Bit Corporation 1985 - 1986 Manager of Financial Accounting (Corporate Controller) • Reconstructed the financial records of $23 million international diamond drill bit manufacturer. Identified the control weaknesses, developed appropriate internal control systems and Implemented them. • Converted the company's accounting system from manual to computerize. • Installed comprehensive internal control system. Equipment Renewal Company 1982 - 1985 Controller Peat, Marwick, Mitchell & Co. 1979 - 1982 Senior Accountant • Audited clients including manufacturing companies, mutual funds, health care, and profit sharing plans, and included several publicly -traded companies. EDUCATION M.S. Accountancy- 1978 University of Houston B.B.A. — 1977 University of Houston Certified Public Accountant 1979 (Passed the November 1978 C.P.A. exam) Certified Fraud Examiner 2019 CITY OF CORPUS CHRISTI Submit Date: Jul 14, 2020 Application for a City Board, Commission, Committee or Corporation Profile Adam First Name Email .Address R Copeland `.Idle Leisi Name 7605 Rocksprings Dr. street Address Corpus Christi TX 78413 What district do you live in?* p District 5 Current resident of the city? r• Yes r No if yes, how many years? 2.5 Mobile: (214) 310-3384 Lexington Baptist Church Home: (214) 310-3539 Aitemaie Senior Pastor Work Address - Street Address and Suite Number 3525 SPID Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78415 Adam R Copeland Page 1 of 5 Work E-mail address adamykim@gmail.com Preferred Mailing Address Pr Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so. please list: No Education, Professional and/or Community Activity (Present) B.A. in Biblical Studies; M.A. in Cross -Cultural Ministry; M.Div. in Missions. Veteran -United States Marine Corps. Why are you interested in serving on a City board, commission or committee? I want to take an active role in serving our community and ensuring that our leaders are held to high moral standards. Are you an ex -Officio member of a City Board, commission or committee? rYes 6 No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? 6- Yes c No Demographics Gender Male Adam R Copeland Page 2 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes 6 No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r• No Does your employer or your spouse's employer have a City contract? c Yes c No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes 6. No Are you, your spouse. your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c Yes r: No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N, A. N/A Board -specific questions (if applicable) Adam R Copeland Page 3 of 5 Quest=on 'a(JjIres :o rp LrtiQ!e ooaras Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? c: Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. p I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. p I Agree Adam R Copeland Page 4 of 5 Oath I swear that all of the statements included in my application and attached documents; if any. are true and correct. P I Agree Adam R Copeland Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 14, 2020 Application for a City Board, Commission, Committee or Corporation Profile Violeta First Name Email Addr 5318 Tartan Circle :Street .addra _s Corpus Christi What district do you live in? * p District 5 Current resident of the city? r:Yes rNo If yes, how many years? 21 Mobile: (361) 779-8636 CCISD C \A;dd P :ual Guerra Last `ami Business: (361) 878-0160 Asst. Principal Work Address - Street Address and Suite Number 5241 Kenter Work E-mail address violeta.guerra@ccisd.us Preferred Mailing Address Pr Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted TX 78413 Violeta C Guerra Page 1 of 4 Interests & Experiences Are you a registered voter? • Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional andor Community Activity (Present) I currently serve as an administrator for a CCISD elementary campus. Why are you interested in serving on a City board, commission or committee? I am interested in having a positive impact on our community, especially in determining if certain circumstances/situations or decisions are following ethical standards. Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes cr No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r. Yes r No Demographics Gender P Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes c No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes c: No Violeta C Guerra Page 2 of 4 Does your employer or your spouse's employer have a City contract? ✓ Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes 6' No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board -specific questions (if applicable) Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r No Verification Violeta C Guerra Page 3 of 4 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. p I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. p I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. p I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. p I Agree Violeta C Guerra Page 4 of 4 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 09/08/20 Second Reading Ordinance for the City Council Meeting 09/15/20 DATE: July 28, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 2713 Segrest Street CAPTION: Zoning Case No. 0720-03, Ruben Bonilla, Jr. (District 1). Ordinance rezoning property at or near 2713 Segrest Street from the "IL" Light Industrial District to the "CN -1" Neighborhood Commercial District. SUMMARY: The purpose of the zoning request is to allow for the construction of an office building. BACKGROUND AND FINDINGS: The subject property is 0.47 acres in size. The proposed use is the construction of a 4,922 square foot office building. The subject property is currently zoned "IL" Light Industrial District and consists of vacant (former single-family) properties. The property was annexed in 1938. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "CN -1" Neighborhood Commercial 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 does not have a negative impact upon the surrounding neighborhood. The proposed office building will serve as a buffer between the high traffic volumes of South Port Avenue and the existing single- family residential homes. Professional offices are allowed by -right in the "IL" Light Industrial District. However, the setback and buffer yard requirement due to the adjacency of single-family residences/zoning is significant. Currently, due to the "IL" District the setback is 40 -feet with a Type D Buffer Yard: 20 -feet and 20 -points. The rezoning to the "CN -1" Neighborhood Commercial District will reduce the setback and buffer yard requirement to 10 -feet and as a redevelopment project a Type A Buffer Yard: 5 -points. Public Input Process Number of Notices Mailed 16 within 200 -foot notification area 5 outside notification area As of July 17, 2020: In Favor 0 inside notification area 0 outside notification area In Opposition 1 inside notification area 0 outside notification area Totaling 2.84% of the land within the 200 -foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District to the "CN -1" Neighborhood Commercial District on July 22, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the "IL" Light Industrial District to the "CN -1" Neighborhood Commercial District. 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 "IL" Light Industrial District to the "CN -1" Neighborhood Commercial District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 0 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0720-03, Ruben Bonilla, Jr. (District 1). Ordinance rezoning property at or near 2713 Segrest Street from the "IL" Light Industrial District to the "CN -1" Neighborhood Commercial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lots 11, 12, and 13, Block 2, Roosevelt Place as shown in Exhibit "A": from the "IL" Light Industrial District to the "CN -1" Neighborhood Commercial District. The subject property is located at or near 2713 Segrest Street. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. 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 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, 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 2020, 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 , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 4 Exhibit A MORGAN AVE CM•1 RM•I JREYNA ST RM -3 rt 250 SPORT--A1dE CG -2 CASE: 0720-03 SUBJECT PROPERTY WITH ZONING Property RM -1 Multifam lly 1 R11-2 Multifamlly2 R113 Multifamlly3 ON Profes sional Off ce RIIAT Multitamiy AT CH -1 Neighborhood Commerc el CH -2 Neighborhood Commerc al CR -1 Resort Commercial CR -2 Resort Commercial CG -1 Ge neral Commercal CG -2 Genera I Commercial CI htenslve Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Lighthdustrlal IH Heavy h dustraI PUD Plan ned Ult Der. Overlay RS -10 Single -Family lD R&-6 Single-Family6 RS -4 5 Single-Family4.5 RS -TF Two-Famiy RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse 5P Special Perm It Ry Recreatl onal Vehicle Park RMH Manufactured Home LOCATION MAP Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0720-03 INFOR No. 20ZN1016 Planning Commission Hearing Date: July 22, 2020 flApplicarrin+inntn & Legal Owner: Ruben Bonilla, Jr. Applicant: Ruben Bonilla, Jr. Location Address: 2713 Segrest Street Legal Description: Lots 11, 12, and 13, Block 2, Roosevelt Place, located along the south side of Segrest Street, east of South Port Avenue, and north of Baldwin Boulevard. Zoning Request From: "IL" Light Industrial District To: "CN -1" Neighborhood Commercial District Area: 0.47 acres Purpose of Request: To allow for the construction of an office building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Vacant and Low Density Residential Medium Density Residential North "IL" Light Industrial Commercial Commercial South "IL" Light Industrial Public/Semi- Public and Commercial Commercial East "RS -6" Single -Family 6 Low Density Residential Medium Density Residential West "IL" Light Industrial Commercial and Professional Office Commercial ADP, Map & Violations _ Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 047043 City Council District: 1 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 150 feet of street frontage along Segrest Street which is designated as a "Local / Residential" Street and has approximately 150 feet of street frontage along South Port Avenue which is designated as a "Al" Minor Arterial Street. According to the Urban Transportation Plan, "Al" Minor Arterial Streets can convey a capacity between 15,000 to 24,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Segrest Street Local / Residential 50' ROW 28' paved 60' ROW 30' paved N/A South Port°°A1" Avenue Minor Arterial 95' ROW 64' paved 150' ROW 60' paved 10,516 ADT (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "CN -1" Neighborhood Commercial District to allow for the construction of an office building. Development Plan: The subject property is 0.47 acres in size. The proposed use is the construction of a 4,922 square foot office building. Existing Land Uses & Zoning: The subject property is currently zoned "IL" Light Industrial District and consists of vacant (former single-family) properties. The property was annexed in 1938. To the north across Segrest Street is a commercial property (Bonilla Plaza) and is zoned "IL" Light Industrial District. To the south is a United States Post Office (Roy Miller Station) and is zoned "IL" Light Industrial District. To the east are existing single-family residences, constructed in the early 1950s, and are zoned "RS -6" Single -Family 6. To the west are commercial businesses including a bar, professional offices, retail, and an auto repair shop zoned "IL" Light Industrial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 6 -inch ACP line located along Segrest Street. Wastewater: 6 -inch VCP line located along Segrest Street. Gas: 6 -inch Service Line located along South Port Avenue. Storm Water: 15 -inch line located along South Port Avenue. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote the stabilization, revitalization and redevelopment of older neighborhoods. (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). • 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 consistent with the adopted Comprehensive Plan (Plan CC), compatible with the surrounding uses, and does not have a negative impact upon adjacent properties. • The proposed office building will serve as a buffer between the high traffic volumes of South Port Avenue and the existing single-family residential homes. • Professional offices are allowed by -right in the "IL" Light Industrial District. However, the setback and buffer yard requirement due to the adjacency of single-family residences/zoning is significant. Currently, due to the "IL" District the setback is 40 - feet with a Type D Buffer Yard: 20 -feet and 20 -points. The rezoning to the "CN -1" Neighborhood Commercial District will reduce the setback and buffer yard requirement to 10 -feet and as a redevelopment project a Type A Buffer Yard: 5 -points. Planning Commission and Staff Recommendation (July 22, 2020): Approval of the change of zoning from "IL" Light Industrial District to the "CN -1" Neighborhood Commercial District. Public Notification Number of Notices Mailed — 21 within 200 -foot notification area 5 outside notification area As of July 17, 2020: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 2.84% 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) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0720-03 Ruben Bonilla, Jr/Council Documents/Report - Ruben Bonilla, Jr.docx Staff Report Page 4 CASE: 0720-03 ZONING & NOTICE AREA 011-1 Multifamily 1 1011-2 Multifamiy2 RM -3 Multifamiy3 ON Professional Off ice RM -AT Multifamiy AT CH -1 Neighborhood Comm erciaI CH -2 Neighborhood CommerciaI CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Cwmmerc I CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP business Park IL Light Industrial IH Heavy h ustrial PUD Planned Unit Der. Overlay RS -10 Single -Family 10 R5-6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two-Famiy R5-15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RY Recreational Vehicle Park RMH Manufactured House ®Sehjed PmperiyBans rah 260'buffer o in, r 4 moers Mho 2 W"0.stdm V Omer. ' dashed omme_fip IaNe A n LOCATION MAP tirmmMtiw City Corpus Christi Staff Report Page 5 Parsons with dis9 jII s planning to enend this rneatieg, who may require special services. are requested to contau :he ae•reloprnent $eirIcee Deperlment at ion! 46 hours in advance cit (361) 5g6.3240. Personas can wrcapacidades. clue li=Jp I❑ Intencib s slr..i i°"Ir a este juala vTuC reOuieren t r�rricics ggperaalos, Ee_lg$ st.ptica t�ualten aviSo da horas antes de la j Ilarnand❑ ar depanar,cmo ce seryside de desarrallo. el ndrnero {361 t SF6'240, tr you wish W eidraEs this Commission dMri,rg the inteimg and year English is united, please call etc I]poel.opment services Department at {31} 826r3240 et rase! 4s hours in advance to request a!i interpreter be prOtienl Suring the rfebtirry $ u1led de ws, diripirse a la ca rrasipa durante to loots 4 9u InplGe es &nitajo,irgIybM de Ilarnar AI denartamento de senIcros de deeerrollo al ndmero . ;2. 1 31 . += d8 nares .Uplieitel un uclerprele serpresente durance le furca CIT{PLANNING commrssloN PUP4JC HEArRrNG NOTICE Rezoning Case No. 0720-03 Ruben Bonilla, Jr. has petitioned the City of Corpus Christi to consider a change of zoning from the "IL" LIclht Industrial LIistr1i ko the "CN -1" Neighborhood Commercial District. resulttnn in a change to the Future Land se Mal. The property to be rezoned is described as: 2713 Segrest Street and described as bets 11, 12, and 13, Block 2, Roosevelt Place, located along the south aid. of Segrest Street, east Of South Port Avenue, and north of Baldwin Boulevard The Planning Commission may recommend to City Council approval or denial. or approval of en intermediate zoning classification andfor Special Permit Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan. will also have the effect of amending the Comprehensive Plan to reflect the approved awning, Tne Planning Commission will conduct a public hearing for this rezoning request !o discuss and formulate & recommendation to the City Council. The public hearing Will be held Wednesday, July 22, 2020 during one of the Planning Commission's regular meetings, which begins at 5:30 I2,R1,, in the City Council Chambers, 1201 Leopard Street. PUBLIC COMMENT To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public cornmerlt and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written formal and presented to the designated staff member prior to the start of each meeting( .) of the City Boards and/ or Commission. Public comment/ input shall be provided, in writing, in the farm of en e- marl limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http:Nwww,octexas.comldeparimentslGty-secfetary, and shall be e-mailed to the following e- mail address' CatherineGr cctexas.com andlor Andrevr❑21Jcctexas.conl The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for diet meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall he placed into the record of each meeting. This written testimony shall serve as the requited pubtlo testimony pursuant to Texas Gov' t Code E51. 047 and shall constitute a public. hearing for purposes of any public hearing requirement under law. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78468-9277. ANY INF.Q•RMATION PROVIDED BELOW BECOMES MUG RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be hold by a member or members of this Commission with an applicant or appellant concerning an application or appeal oithar at home or office, or in person, by/tolephojn�e call or by letter - Printed Name: a a L. a 1iez - Address: . 70 Sefyi.es-f- 5+. city/state:CCt7u5 AI',rst#1 7 ( } Itf FAVOR [y N OPPOSITION Phone: 3g f— 503-- 4.1 39 REASON. }} 1. `i. Irat'i iON (eSiPI y r1.c 5/-4 r rroper fryfaxe5 + j 3. horr�ta 1e 5 tT S lee r 6e Lk n 17utt lolt'M55 SEE Aer.AF4NREcERSgVETE JNFOR Case No.: 21]2N1018 Properly Owner ID 15 Signature Case Ido 072043 Project hfarksger: Andrew [woos straw AnCn9w02@eclaxae.uxn CASE: 0720-03 Aerial with Subject Property Subject Lj Property Map Scale: 1:1,400 Zoning Case #0720-03 Ruben Bonilla, Jr, Rezoning for a Property at 2713 Segrest Street From "IL" To "CN -1" (c) openStreet1p and contributors "'Creative Co (mar -Share Nike ) (,nr) ninc CAL N i City Council September 8, 2020 Aerial Overview Zoning Pattern 11003 lete C © o I 200005 t 03 2005 200005 11 050 197E3 SUBJECT PROPERTY 11--- 1 056 16 76 1 e?j Re -0 110Z15 11 040 0111 3 Planning Commission and Staff Recommendation Approval of the "CN -1" Neighborhood Commercial District Public Notification 21 Notices mailed inside 200' buffer ORGAN AVE 5 Notices mailed outside 200' buffer CN -1 Notification Area Opposed: 1 (2.84%) In Favor: 0 R CG -2 g Qt M' :.44t SUBJECTPY ®ra4® IV OST 250 Ewe Creep, 7.202 Preparetl'By Rryf 5 Utilities Water: 8 -inch ACP Wastewater: 8 -inch PVC Gas: 2 -inch service line Storm Water: 24 -inch UDC Requirements Buffer Yards: CN -1 to RS -6: Type B: 10' & 10 pts. CN -1 to IL: Type B: 10' & 10 pts. Setbacks: Street: 20 feet Side & Rear: 10 feet Parking: Office: 2.4 per 1,000 square feet Landscaping, Screening, and Lighting Standards Uses Allowed: Retail, Offices, Multifamily *Bars/Nightclubs Not Allowed in "CN -1" AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 09/08/20 Second Reading Ordinance for the City Council Meeting 09/15/20 DATE: July 28, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 1014 Admiral Drive CAPTION: Zoning Case No. 0720-04, Petra Dilley (District 4). Ordinance rezoning property at or near 1014 Admiral Drive from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a drive-thru car wash. BACKGROUND AND FINDINGS: The subject property is 0.47 acres in size. The subject property is currently zoned "RS -6" Single - Family 6 District and consists of vacant property. The property was annexed in 1961. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a Transition Aviation use. The proposed rezoning to the "CG -1" General Commercial is consistent with the adopted Comprehensive Plan (Plan CC). However, it is not compatible with the surrounding uses, and has a negative impact upon adjacent properties if no mitigation measures are implemented. The "CG -1" General Commercial District was originally designed to implement the guidelines of the Air Installation Compatibility Use Zones (AICUZ). The "CG -1" District prohibits all residential uses, therefore promoting compatible land uses with flight operations. The "CG -1" District opens the possibility of more intense commercial uses such as Mini -Storage, Bars, and Night Clubs adjacent to single-family residences. The "CN -1" Neighborhood Commercial District is another zoning district that allows automatic car washes by - right. However, the "CN -1" District also allows multifamily developments at maximum density of 37 dwelling units per acre. Multifamily developments are inconsistent with AICUZ and land compatibility with military flight operations. Therefore, the "CN -1" District is not a viable option. An automated car wash with a single wash bay is a low impact commercial use. The limited hours of operation of 7 a.m. to 9 p.m. would reduce the chance of any potential negative impacts from occurring. If the "CG -1" District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Specifically, a Type C Buffer Yard, consisting of 15 -feet and 15 -points, will be required along the northern property line shared with the "RS -6" Single -Family 6 District Public Input Process Number of Notices Mailed 27 within 200 -foot notification area 5 outside notification area As of July 17, 2020: In Favor 1 inside notification area 0 outside notification area In Opposition 2 inside notification area 0 outside notification area Totaling 6.35% of the land within the 200 -foot notification area in opposition. Commission Recommendation Planning Commission recommended denial of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -1" General Commercial District, in lieu thereof, approval of the "RS- 6/SP" Single -Family 6 District with a Special Permit (SP) with conditions on July 22, 2020. ALTERNATIVES: 1. Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District. (3/4 Vote Required to overrule the Planning Commission Recommendation). FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request in lieu of a special permit. Planning Commission recommended denial of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -1" General Commercial District, in lieu thereof, approval of the "RS- 6/SP" Single -Family 6 District with a Special Permit (SP) with conditions with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 0 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0720-04, Petra DiIley (District 4). Ordinance rezoning property at or near 1014 Admiral Drive from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 0.4741 Acre Tract of Land, comprising of a 0.3953 Acre Tract (previously surveyed) being the South One -Half of Lot 21, Block H, except the West 50' thereof and excepted 12.5 feet reserved off the north side for Street Purposes, Block H, Flour Bluff Estates as shown in Exhibit "A": from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District. The subject property is located at or near 1014 Admiral Drive. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. 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 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2of6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, 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 2020, 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 , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 6 Exhibit A • LERI3N ENGINEERING 0.4741 Acre Tract STATE OF TEXAS COUNTY OF NUECES Job No. 434000_C0.01 lime 24, 2020 Fieldnotes, fora 0.4741 Acre Tract of hand, convrising of a 03953 Acre Tract (previously surveyed) being the South One -Half of Lot 2.1, Block IL except the West 50' thereof and excepted 12.5 Feet reserved off the North side for Street Purposes, Block H, Flour Bluff Estates, a map of which is recorded in Vohnne 8, Pages 1 and 2, Map Records of Nueces Courtly, Texas, being the same land described in a Deed from C.C. Schultz and wife, Lola Schultz to Emile and Petra G_ Dille°y, as recorded in File No_ 244644, Volume 372, Page 469, Deed Records of Nueces County, Texas, together with a 0.0788 Acre Tract (previously surveyed) being the North 12.5 Feet of the South One -Half of Lot 21, Block EL said Hour B1uffEstates; said 0.741 Acre Tract being more fully described as follows: Beginning, at a 5,18 Inch Iron Rod Found with cap stamped "Civil Corp" on the Northwest Right - o f -Way line of Admiral Drive (Formerly Kathryn Drive), a 50.00 Foot Wide public roadway, being the East corner of Lot 20, said Block FL the Southeast corner of a 1.43 Acre Tract described in a General 'Warranty Deed with Vendor's Lien and Bill of Sale from Kwik Klean Kar Washy Inc_ and Robert A Huegele, doing business as The Car Wash Company to Coastal King, Ltd., as recorded in Document No. 2.016002250, Official Public Records ofNueces County, Texas, for the South corner of the said 0.3953 Acre Tract and of this Tract, from Whence a Drill Hole Found, for the South comer of the said L43 Acre Tract bears, South 38`1T33" West, 131.85 Feet; Thence, North 61'22'52' West, with the Northeast boundary line of the said 1.43 Acre Tract and the said Block 1. the Southwest boundary line of the said 0.3953 Acre Tract, 2.75.03 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN EVGR CCTX" Found, being the common comer of Lot 15 and Lot 16, said Block H, an inner ell comer of the said 1.43 Acre Tract, for the West corner of the said 0.3953 Acre Tract and of this Tract; Thence, North 2837'08" East, over and across the said Lot 21, with the Northwest boundary line of the said 0.3953 Acre Tract, at 66.60 Feet, pass a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGRCCT' Found, for the common comer of the said0.0788 Acre Tract and the said 03953 Acre Tract, in all 75.00 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN E1GR CCTX" Fo+mr, for the North corner of a 0.0788 Acre Tract and of this Tract; Thence, South 61c22'52" East, continuing over and across the said Lot 2.1. with the Northeast boundary line of the said 0.0788 Acre Tract, 274.03 Feet, to a 518 Inch Iron Rod with zed plastic cap stamped " ITRBAN ENGR CCTX" Found, on the said Northwest Right -of -Way line, being the Fast comer of the said 0.0785 Acre Tract, and of this Tract, for the beginning of a min -tangent curve to the Right, IILRBANFS031Da1iekSinveyine43400% COOLOFFICEMETES AND BOUNDS' N43404C001_0.4741 Ac_20264:1622Dora Page 1of1 OFFICE_ (361)854-3101 2725 SWANTNER DFL • CORPUS CHRISTI TEXAS 78404 vin w_iu1anene_com TBPE Finn #145 • TBPLS Firm k 10032400 Page 4of6 FAX (361)654-6001 having a Delta of 07°33'41, a Radius of 568.76 Feet, an Mc Length of 75.06 Feet and a Chord Bearing South 27°51-41" West, 75.01 Feet; Thence_ with said non -tangent curve to the Right and the said Northwest Right -of -Way line, at an Arc Length of 12.53 Feet pass a 5/8 Inch Iron Rod with red plastic. cap stamped "URBAN ENR CCTX' Found, for the common comer of the said 0.3953 Acre Tract and the said 0.0788 Acre Tract, in all, an Arc Length of 75.06 Feet, to the Point of Beginning, containing 0.4741 Acres (20,652 Sq_ Ft) of Land, more or less_ Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00_ Unless this feldnotes description, including preamble_ seal and signature_ appears in its entirety, in its original form surveyor assumes no responsibility for its accuracy_ Also reference accompanying sketch of tract dascrfbed herein. URBAN ENGINEERING PirKr LAW Times D. Carr, R_P.L_&_ License No_ 6458 kl]F5031Dab,Suneving434001C001 ,OFFICEMETESAND BOUNDS1N43440CCO1_0.4741 Ac_20240622Dors Paget oft OFFICE: (361)854-3101 2725 SWANTNER DFL • CORPUS CHRISTI TEXAS 78404 vrwir_urbaneng.cam TBPE, Firm # 145 • TBPLS Firm # 101032400 Page 5 of 6 FA: (361)854-60(]1 1;;; A1Im C m S pun.J .41W k-Pdl 4{7ui L ,d5e' 17. a 17'17 Lot B. Book H Hour blurt LBtot e _ Vol_ S. Rua. 1 and 2, Mop Recess o' Nuecea County, TcKoc ; aQ t F ,iyq_ 4 pi IgE If,. f Mbdl In. 0 LaVS 21 y# 45 6 Portion of 21, 91oak 1.1 44 4Flour Bluff Estates u Num: unarmnn¢ azo.)d7 (Fie No_ 720161:923.9D, oPRHL Fu ..L.T_) ~ x *, CN79177 YX]"F j N21r3r0rE 75.00' 66.6x0 1.. . Admiral .- 4 Drive nW p:D •r a Ma R.o ..• : = II I— NN1 ;F arm��Ka4,. I N II I � i '.w A. a j.jt1,1"f J# - J li 101 W •tin 4+W{ Page 6 of 6 Zoning Case No. 0720-04, Petra DiIley (District 4). Ordinance rezoning property at or near 1014 Admiral Drive from the "RS -6" Single -Family 6 District to the "RS-6/SP" Single -Family 6 District with a Special Permit (SP) with conditions. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 0.4741 Acre Tract of Land, comprising of a 0.3953 Acre Tract (previously surveyed) being the South One -Half of Lot 21, Block H, except the West 50' thereof and excepted 12.5 feet reserved off the north side for Street Purposes, Block H, Flour Bluff Estates as shown in Exhibit "A": from the "RS -6" Single -Family 6 District to the "RS-6/SP" Single -Family 6 District with a Special Permit (SP) with conditions. The subject property is located at or near 1014 Admiral Drive. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the northern property line shared with the single-family residence. An 8 -foot solid screening fence shall be built along the northern property line shared with the single- family residence. 3. Hours of Operation: The hours of operation shall be daily from 7:00 AM to 9:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The 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 including the penalties for violations as made and provided for in Article 10 of the UDC. 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 subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. Page 2 of 7 SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 3 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, 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 2020, 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 , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 7 Exhibit A • LERI3N ENGINEERING 0.4741 Acre Tract STATE OF TEXAS COUNTY OF NUECES Job No. 434000_C0.01 lime 24, 2020 Fieldnotes, fora 0.4741 Acre Tract of hand, convrising of a 03953 Acre Tract (previously surveyed) being the South One -Half of Lot 2.1, Block IL except the West 50' thereof and excepted 12.5 Feet reserved off the North side for Street Purposes, Block H, Flour Bluff Estates, a map of which is recorded in Vohnne 8, Pages 1 and 2, Map Records of Nueces Courtly, Texas, being the same land described in a Deed from C.C. Schultz and wife, Lola Schultz to Emile and Petra G_ Dille°y, as recorded in File No_ 244644, Volume 372, Page 469, Deed Records of Nueces County, Texas, together with a 0.0788 Acre Tract (previously surveyed) being the North 12.5 Feet of the South One -Half of Lot 21, Block EL said Hour B1uffEstates; said 0.741 Acre Tract being more fully described as follows: Beginning, at a 5,18 Inch Iron Rod Found with cap stamped "Civil Corp" on the Northwest Right - o f -Way line of Admiral Drive (Formerly Kathryn Drive), a 50.00 Foot Wide public roadway, being the East corner of Lot 20, said Block FL the Southeast corner of a 1.43 Acre Tract described in a General 'Warranty Deed with Vendor's Lien and Bill of Sale from Kwik Klean Kar Washy Inc_ and Robert A Huegele, doing business as The Car Wash Company to Coastal King, Ltd., as recorded in Document No. 2.016002250, Official Public Records ofNueces County, Texas, for the South corner of the said 0.3953 Acre Tract and of this Tract, from Whence a Drill Hole Found, for the South comer of the said L43 Acre Tract bears, South 38`1T33" West, 131.85 Feet; Thence, North 61'22'52' West, with the Northeast boundary line of the said 1.43 Acre Tract and the said Block 1. the Southwest boundary line of the said 0.3953 Acre Tract, 2.75.03 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN EVGR CCTX" Found, being the common comer of Lot 15 and Lot 16, said Block H, an inner ell comer of the said 1.43 Acre Tract, for the West corner of the said 0.3953 Acre Tract and of this Tract; Thence, North 2837'08" East, over and across the said Lot 21, with the Northwest boundary line of the said 0.3953 Acre Tract, at 66.60 Feet, pass a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGRCCT' Found, for the common comer of the said0.0788 Acre Tract and the said 03953 Acre Tract, in all 75.00 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN E1GR CCTX" Fo+mr, for the North corner of a 0.0788 Acre Tract and of this Tract; Thence, South 61c22'52" East, continuing over and across the said Lot 2.1. with the Northeast boundary line of the said 0.0788 Acre Tract, 274.03 Feet, to a 518 Inch Iron Rod with zed plastic cap stamped " ITRBAN ENGR CCTX" Found, on the said Northwest Right -of -Way line, being the Fast comer of the said 0.0785 Acre Tract, and of this Tract, for the beginning of a min -tangent curve to the Right, IILRBANFS031Da1iekSinveyine43400% COOLOFFICEMETES AND BOUNDS' N43404C001_0.4741 Ac_20264:1622Dora Page 1of1 OFFICE_ (361)854-3101 2725 SWANTNER DFL • CORPUS CHRISTI TEXAS 78404 vin w_iu1anene_com TBPE Finn #145 • TBPLS Firm k 10032400 Page 5 of 7 FAX (361)654-6001 having a Delta of 07°33'41, a Radius of 568.76 Feet, an Mc Length of 75.06 Feet and a Chord Bearing South 27°51-41" West, 75.01 Feet; Thence_ with said non -tangent curve to the Right and the said Northwest Right -of -Way line, at an Arc Length of 12.53 Feet pass a 5/8 Inch Iron Rod with red plastic. cap stamped "URBAN ENR CCTX' Found, for the common comer of the said 0.3953 Acre Tract and the said 0.0788 Acre Tract, in all, an Arc Length of 75.06 Feet, to the Point of Beginning, containing 0.4741 Acres (20,652 Sq_ Ft) of Land, more or less_ Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00_ Unless this feldnotes description, including preamble_ seal and signature_ appears in its entirety, in its original form surveyor assumes no responsibility for its accuracy_ Also reference accompanying sketch of tract dascrfbed herein. URBAN ENGINEERING PirKr LAW Times D. Carr, R_P.L_&_ License No_ 6458 kl]F5031Dab,Suneving434001C001 ,OFFICEMETESAND BOUNDS1N43440CCO1_0.4741 Ac_20240622Dors Paget oft OFFICE: (361)854-3101 2725 SWANTNER DFL • CORPUS CHRISTI TEXAS 78404 vrwir_urbaneng.cam TBPE, Firm # 145 • TBPLS Firm # 101032400 Page 6 of 7 FA: (361)854-60(]1 1;;; A1Im m S pun.J .41W k-Pdl 4{7ui L ,d5e' 17. a 1717 Lot B. Book H Hour blurt LBtot e _ Vol_ S. Rua. 1 and 2, Mop Recess o' Nuecea County, TcKoc ; aQ t F ,iyq_ 4 pi IgE ,. .f Mbdl In. 0 LaVS 21 y# q6 Portion of 21, 91oak 1.1 ^y}1y75f Flcur Bluff Estates u Num: unarmnn¢ azo.)Fu (Fie No_ d20161:9219D, oP.RHL.L.T_) ~ x *, CN79177 YX]"F j N21r3r0rE 75.00' 66.6x0 1.. . Admiral .- 4 Drive nW p:D •r a Ma R.o ..• : = II I— NN1 ;F arm��Ka4,. I N II I � i '.w A. a j.jt1,1"f J# - J L] li 101 W •tin 4+W{ Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 0720-04 INFOR No. 20ZN1017 Planning Commission Hearing Date: July 22, 2020 Applicant & Legal Description Owner: Petra Dilley Applicant: Petra DiIley Location Address: 1014 Admiral Drive Legal Description: Being 0.4741 Acre Tract of Land, comprising of a 0.3953 Acre Tract (previously surveyed) being the South One -Half of Lot 21, Block H, except the West 50' thereof and excepted 12.5 feet reserved off the north side for Street Purposes, Block H, Flour Bluff Estates, located along the west side of Admiral Drive, south of Melody Lane, and north of State Highway 358 (South Padre Island Drive). Zoning Request From: "RS -6" Single -Family 6 District To: "CG -1" General Commercial District Area: 0.47 acres Purpose of Request: To allow for the construction of a drive-thru car wash. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Transition Aviation North "RS -6" Single -Family 6 Low Density Residential Transition Aviation South "CG -2" General Commercial Commercial Transition Aviation and Commercial East "CG -1" General Commercial Vacant Transition Aviation West "CG -2" General Commercial Vacant Transition Aviation 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 a Transition Aviation use. The proposed rezoning to the "CG -1" General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 034032 City Council District: 4 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 160 feet of street frontage along Admiral Street which is designated as a "Local/Residential" Street. According to the Urban Transportation Plan, "Local / Residential" Streets can convey a capacity up to 500 Average Daily Trips (ADT). Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Admiral Street 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 6 District to the "CG -1" General Commercial District to allow for the construction of a drive- thru car wash. Development Plan: The subject property is 0.47 acres in size. The proposed use is a drive-thru car wash. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District and consists of vacant property. The property was annexed in 1961. To the north is a single-family residential subdivision (Flour Bluff Estates; 1940) zoned "RS - 6" Single -Family 6 District. To the south is an existing car wash (The Carwash Company) zoned "CG -2" General Commercial District. To the east are businesses (Treasure Bay Costal Furniture) and vacant properties zoned "CG -1" and "CG -2" General Commercial District. To the west are businesses (Treasure Bay Costal Furniture) and vacant properties 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). However, the subject property is located approximately 1,600 -feet to the southeast of an Accident Potential Zone (APZ-1). Plat Status: The property is not platted. Utilities: Water: 6 -inch C900 line located along Admiral Drive. Wastewater: 8 -inch VCP line located along Admiral Drive. Gas: 2 -inch Service Line located along Admiral Drive. Storm Water: Roadside ditches located along Admiral Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a Transition Aviation use. The proposed rezoning to the "CG -1" General Commercial District is Staff Report Page 3 consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher -intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. (Future Land Use, Zoning, and Urban Design Policy Statement 4). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), however it is not compatible with the surrounding uses, and has a negative impact upon adjacent properties if no mitigation measures are implemented. • The "CG -1" General Commercial District was originally designed to implement the guidelines of the Air Installation Compatibility Use Zones (AICUZ). The "CG -1" District prohibits all residential uses, therefore promoting compatible land uses with flight operations. • The "CG -1" District opens the possibility of more intense commercial uses such as Mini -Storage, Bars, and Night Clubs adjacent to single-family residences. • The "CN -1" Neighborhood Commercial District is another zoning district that allows automatic car washes by -right. However, the "CN -1" District also allows multifamily developments at maximum density of 37 dwelling units per acre. Multifamily developments are inconsistent with AICUZ and land compatibility with military flight operations. Therefore, the "CN -1" District is not a viable option. • An automated car wash with a single wash bay is a low impact commercial use. The limited hours of operation of 7 a.m. to 9 p.m. would reduce the chance of any potential negative impacts from occurring. • If the "CG -1" District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Specifically, a Type C Buffer Yard, consisting of 15 -feet and 15 -points, will be required along the northern property line shared with the "RS -6" Single -Family 6 District. Planning Commission and Staff Recommendation (July 22, 2020): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District, in lieu thereof, approval of the "RS-6/SP" Single -Family 6 District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). Staff Report Page 4 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the northern property line shared with the single-family residence. An 8 -foot solid screening fence shall be built along the northern property line shared with the single-family residence. 3. Hours of Operation: The hours of operation shall be daily from 7:00 AM to 9:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification Number of Notices Mailed — 27 within 200 -foot notification area 5 outside notification area As of July 17, 2020: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 6.35% 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) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0720-04 Petra Dilley/Council Documents/Report - Petra Dilley.docx Staff Report Page 5 f � � �a� ���O�r MjRRORcR X97 rs/4'- p� Z8 �� 12 SUBJECT PROPERTY 6-8 ivk s paq0RE4I NSD R 500 Fee nate Cre4ed: 7/6✓5025 Rep: ed By ReyR Department ofDerelopment Services CASE: 0720-04 ZONING & NOTICE AREA RM -1 MuItifamily1 RM -2 Mu Mem dy2 R113 Elultifamdy3 05 Professions I Off CP RAI -AT Mu ltifam 1y A T CH -1 Neighborhood Commerc al CN -2 Neighborhootl Commerc al CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR BP Resort Commercial General Commercal General Commerc al kdensive Cammerc a Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light In dustral IH Heavy hdu straI PUD Plan ned Unit Dev. Overlay R3-10 Single -Family 10 RS5 Single -Family 5 RS -4.5 Sing le-Faml ly4.5 R3 -TF Two-Famiy RS -I5 Single -Family 15 RE Res itlental Estate RS-TH Townhouse 5p Special Permit RV Recreational Yet -ride Park RAIH Manufactured Home pi.Subject Properly 0°"''' rah 260' buffer faux 4 Caoaarn wthin2OPfisiedon Owmrs �dedomrner� e x t LOCATION MAP Staff Report Page 6 Persons oath ursabwlles planning w Mend kfit3+Heeling, who may require special services, aro requeSlod to Contact the Development services Department at least 4g hours m advance at {381) 828-3244 Personas oar ineapaoldades, nue tenen la intenci5n de esistIr a es.Fo Rinke w cu@ se I -a Ll Ilea . ire den ew•. 49 hoMS ArrtE3 dE La iunta IIom fldo al degoriarntrlt0 de $ervi ,og de 01e3ar*W12,.a1 � rwoarszS�,iL$? If you wish t4 adores the cOanmission du rirl the meeling and your English is Irriited, please cell the Develornan( Services Departmerit at 1381) 826.3240 et feast 48 hours in advance to request an interpreter tare present during the meeting Si Wel clesea dIngrae a le cammiseion durente la runt& a eu inol�s as limitadd tale d4 iLarir al deoartamento de aervio. a de ciasarro'to al nurne {3!3711 1#,2.6_3240 I 1—.9r9.5 48 horde;r119S 4e Ia mita para solrciter un interprets der presence du 'ante la :Rola CITY PL4? NING COMMfSSfON PUBLIC HEARING NOTICE Rezoning Case No, 0720-04 Petra Onley has pefltionead the City of Corpus Christ to consider a change of zoning from the "RS -6" Sinora-FarnIN i District to the "CG -1" General Commercial District, resulting in a chance t4 the Future Land Use Mao- The property to be rezoned is described as: 1014 Admiral Drive and described as being 0.4741 Acre Tract of Land, comprising of a 0.3953 Acre Tract (previously surveyed) being the South One -Half of Lot 21, Block H, except the West b0' thereof and excepted 12.5 feet reserved off the north side for Street Purposes, $took H, Flour Bluff Estates, located along the west side of Admiral Drive, south of Melody Lane, and north of State Highway 358 (South Padre Island Drive). The Planning Commission may recommend to City Council approval or denial, or approval or an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with tlla City's Comprehensive Plan, wilt also have the effect of amending the comprehensive Plan to reflect the approved zoning The Planning commission will conduct a public hearing for this mzontng request to discuss and formulate a recommendation to the City Council. The public hearing will be held Wednesday, July 22, 2020, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. PUBLIC COMMENT' To reduce the chance of COVIf- 19 transmission, public meetings will be held in a manner intended to separate- to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items an the agenda at public meetings of City Boards and Commissions shall be provided in written forrnat and presented to the designated staff member prior to the start of each meeting( s) of the City Boards enol+ or COMM1Ssion, Public comment/ input shall be provided, In writing, in the form of an a- mail Iinnited to one page or by usin-g the PUBLIC COM MENTfJNPUT FORM found here: http:/+www.cctexas.corr departmentsicity-secretary, and shalt be e-mailed to the following e- mail address: CathenneG[ octaras.corn and/or And rewf2 cotaxas.cam-The written public testimony shall beprovided tomembers of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting This written teslimony shall serve as the required public testimony pursuant to Texas Gov't Code 551. 007 and shall constitute a public hearing for purposes of env public heairn l reriulrefnerit UfrG1 Ll8]'+. TO BE CN RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TD THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78489-9277 ANY INFORMATION PROVIDEC BELOW BECOMES PUBLIC RCORD, NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person. by telephone can or kijaetvr, Printed Name: Addressf :, r l *� Citylstate•6.73 ffr'� . df � � , -y 'j Phone: / i) { $•• Yl5-• "* 3 [v' IN FAVOR { } IN OPPOSITION REASON: 5€E Am!, ON REVERSE srDE IHFOR Case Na.: 24Zh410SB properly Owner ID; 9 as 1/.‘4- Sig>Y alum F}.•#?;i—.— Case No.07ZOJ34 'Project tdanagrer. Andrew dunce Email ArChe+ti02@cclexas.obm Staff Report Page 7 Pefsone wrlh disabilities planning 10 attend this muting. wha may require special services, are requested la corned the Deveh:Iman! Senitees IDeparlrnerrt at feast 49 hours in advance at {361) 82i3pd0 Perwes Con Incalacjgqq. tienen la illenci n sig afiljr, a este l a v cue requieren seryipios. nom ten. se les supllea Due den av so 4o hem antes de la tunes Il*nrarrdo al departamento tle serv,cios d d43arrolla, at niimero (3131) 026-3240. 24rt. If you wish to address the Compassion during the muting and your English In lireiled, please can. the Devetimeni Services Der:arlment at {s31) 82.5.524Q #1 least 4S hairs in #werXe to requSSt airs mterpreler be present dunag the nesting Sr „sted desea dingirae a le co mrrrxxiundurante la junta Y EU inplea BE Ilmitado, favor de Ramer al deparlamento de ServiCi4S de dies- i o,.(2611526 -324Q athieRas!4E1 haras scatkAA tires Cray solicrlgr uQ in/ampule se* oreserIbiLdirarta. CITY PL, fif f Vf N G COMMISSION PUBLIC 1fEAR[NGNOTICE Rezoning Case No. 0720-04 Petra) ['Nieto has petitioned the City of Corpus Christi to consider a change of zoning from the ''IRS -8'' Single-family District to the "CG -i" General Commercial District, resulting In a shande to the Future Land Use Map. The property to be rezoned is described as: 1014 Admiral Drive and described as Icing 0.4741 Acre Tract of Land, comprising of a 0,3953 Acre Tract {previously sun/eyed) being the South One -Half of Lot 21, Block H, except the West SO' thereof and excepted 12.5 feet reserved off the north side for Street Purposes, Block H, Flour Bluff Estates, located along the west side of Admiral Drive. south of Melody Lane, and north of State Highway 358 (South Padre island Drive). The Planning Commission may recommend to City Council approval or denial. or approval of an intermediate zoning classification aindror Special Permit Approval of a change of zoning: if inconsistent with the Ciby'S Comprehensive Plan, MR also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Convnission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to that City Council The public hearing will bs held Wednesday, dull( 22, 2080 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m,y in the Cit}' Council Chambers, 1201 Leopard Street. PUBLIC COMMENT To reduce the chance of COV1D- 19 transmission, public meetings wall be held in a manner intended to separate, to the maximum practical extent. audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on alt items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting( s) of the City Boards and/ or Commission_ PutyIii comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM Found here: http:fiwww cctexas.conVdepartmentsfcity-secretary. and shall be e -malted to the following e- rrlarl oddness: Ca13ta?rineu cckexals.corn andfc r And rev+l 2 rij cctexars.oam The written public testimony shall be provided to mombers of the applicable City board or commission prior to voting on measures for that meebng. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and s#iall constitute a public hearing for purposes of any public hearing requirement under law_ TO BE ON RECORD, THIS FORM MUST RE FILLED OUT. SIGNED BY THE CURRENT PROPERTY O>,SINER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P O. BOX 9277, CORPUS CHRISTI, TEXAS 784it-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD_ NOTE: to accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members ofthis Commission with an applicant or appellant concerning an application orappeaI, either at horde or office. or in persbg, jby talophpne call or byfetter,fetters Printed: Name: ,,,,_sbA11'),JIJ Add res5:L.r{04 4.fCitVSkate ( 1 IN FAVOR NN OPPOSITIONI Phone 3 / REASON: t 10 0 5ck P -1/41t) rObe rvi 0.4,74 /0 0-‘ 6,5‘wirie A 61/15'e, 69 [Ye, A---;141644- Cca .1 '9" —Nreny4, SEE It4AP ON REVERSE SIDE It+tFOR Case Na.: 21:1214t#18 Properly owner ID 12 case No 0720-04 Project Manager: Andrew Dimes Elva Ao4rewa octexas.com Staff Report Page 8 Persons with disNArtres planning to attend this me ling. who may require special services. are gquested ID contact tie Development Se Ines Department o1 least 46 hours m advance at pei} $26-3240. Pyr on con ineaoacidades ode iienen Id +nCr1Cibn dd aSIs1ir a eSt2 tunes V .QU!! rned:ren Ser'vrc 6 espeCiall}4 t ICS Sudllca Clue den AYEso 4E horas antes de la lusla Ilaniando pepartementa da sariicipa dg desa'rcilp, el rwimero (161 i 825-3 �1Z If you wish to address 1he Cgmrnission during the mowing and your English is limted. ploa5e call the Davel4 men1 Se+vlcam Department al (531 } 526-3240 at lea.1 AO hours n advance to regul I an interpreter be present during the meeting Si utled desea drnairse a la commission slurAnte Fs Ionia v su Irral$s as lmikaq 9. Iano de horror al departemenlo de urx'TFkRsrle desarrollo al niuroera {36f1 Eatb. 240 al menoS 46 F rad antes de la nils}_para rojj filar un Interprets serpresearte durente la iunl&, CITYPLANNING COMMfSSION PLII3LIC HEARING NOTICE !Rezoning Castle No. 0720.04 Petra DiIIey has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -G" Sinn Ie-Familly 8 District to the "OG -1" General Commercial District retinsl in a chanste to tit Future Land Use Map. The property to be rezoned is described as: 1014 Admiral Drive and described as being 0.4741 Acre Tract of Land, comprising of a 0.3953 Acre Tract {previously surveyed} being the South One -Half of Lot 21, Block H, except the West 54' thereof and excepted 12.5 feet reserved off the north side for Street Purposes, Block H, Flour Bluff Estates, located along the west side of Admiral Drive, south of Melody Lane, and north of State Highway 358 (South Padre island Drive). The rkt )- The Planning Commission may recommerid to City Council approval or denial, or approval of an Intermediate zoning classiliCation andlor Special Permit_ Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending he Comprehelrsive Plan to reflect the approved zoning- The Planning Commission will conduct a pubho hearing for this rezoning request to discuss and formulate a recommendation to the City Council The public hearing will be held Wednesdays July 22 2020 during one of the Planning Commission's regular meetings, which begins at p.rn,, in the City Council Chambers, 1201 Leopard Street. PUBLIC COMMENT: To reduce the chance of COVID- 19 trarrSmiSSiorl, public meetings will be held In a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions.. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings or City Hoards and Commissions Shall be provided in written format and presented to the designated staff member prior to the start of each meeting( s) of the City Boards and? or Commission. Public comrnentf input shell be provided, in wiling, in the form of an e- mail limited to one page or by using the PUBLIC COM MENTel NPLIT FORM found Here; http:fNrnw.cctexas.com+departmentslci[y-secretary, and shall. be e-mailed to the following e- mail address: CathenneGecctexas.corn andfor Arid re 2(ta .�rn: The written putklic testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in ar 000rdance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shat) serve as the required public testimony pursuant to Texas GoV t Coda 551. 007 and shall) penstituta a public hearing for purposes of any public heannq requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, TEXAS 79468-1277. ANY INFORMATIQN PROVIDED BELOW BECOMES PUBLIC RECORD. _ NOTE: In accordance with the Planning Commission Hy -Laws, no discussion shall be held by a member or MGM ,bars of this Commission with an applicant or appellant concerning an application or appeal, either et Horne or in r arson b tele • • no call or r letter Printed Name SiMan cci GilyIState: LL ! 1 Address. ( ) IN FAVOR IN OPPOSITION REASON: (Iirsy-‘ 0* _\-0 au) V\m,1)\-‘- QA. cor SEE 1144R ON REVERSE SIDE t +� tf ki IN FOR ra#eHo..202N1016 1169 Property Owner ID: 24 Phone; mCi' l yr} Z70,r-ti M wk* I y r t i+ ra,15C `61 \A\00,--\ C... or\ t', ' f )1-1 LIF Marx V45 I' .r n �%Sr3ra� �h fl t_2# 3rTr q01 ase No. 0720-04 Project Mar' er ,4n1iew Dimas Email, A. drewD2,?octexas.com CASE: 0720-04 Aerial with Subject Property ri Subject Property Map Scale: 1:1,400 SUBJECT `PROPERTY I LOCATION MAP 9 _ ,0 NM \ City of is Christi Z Zoning Case #0720-04 Petra Dilley Rezoning for a Property at 1014 Admiral Drive From "RS -6" To "CG -1" Ick OpenStreetPaap and enntribNore Creative CammansShare Adke License SCC-BVSF`, N 1 City Council September 8, 2020 Aerial Overview Zoning Pattern Tem is,1972 C8-1 re f 4't SUBJECT @e o PROPERTY • Cb Cadil 0 MN ® G8 -1I 2©115 TON C84 1Ix R M C� 19011 TOM 3 Planning Commission and Staff Recommendation Denial of the "CG -1" General Commercial District In lieu thereof, Approval of the "RS-6/SP" Single -Family 6 District with a Special Permit SP Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the northern property line shared with the single- family residence. An 8 -foot solid screening fence shall be built along the northern property line shared with the single-family residence. 3. Hours of Operation: The hours of operation shall be daily from 7:00 AM to 9:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. SP Conditions 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification 27 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 2 (6.35%) In Favor: 1 I UDC Requirements Buffer Yards: CG -1 to RS -6: Type C: 15' & 15 pts. Setbacks: Street: 20 feet Side & Rear: 10 feet Parking: Car Wash: 2 per bay Landscaping, Screening, and Lighting Standards Uses Allowed: Retail, Offices, Vehicle Sales, Bars, Car Washes, and Storage. Utilities Water: 6 -inch C900 Wastewater: 8 -inch VCP Gas: 2 -inch service line Storm Water: Roadside Drainage AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 8, 2020 Second Reading Ordinance for the City Council Meeting of September 15, 2020 DATE: August 10, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2604 Accepting and Appropriating the 2021 Selective Traffic Enforcement Program Grant Funds from the Texas Department of Transportation CAPTION: Ordinance authorizing the acceptance of grant funds in an amount of $174,637 from the Texas Department of Transportation for the 2021 Comprehensive Selective Traffic Enforcement Project to increase traffic enforcement in the City with a City match of $57,682.22 in fringe benefits and department expenses with funds available from the FY 2021 General Fund; and appropriating $174,637 in the Police Grants Fund. PURPOSE: This ordinance authorizes the acceptance of a grant and appropriation of funds from the 2021 Selective Traffic Enforcement Program Grant to increase traffic enforcement. The grant funds will provide overtime funding for police officers and a City match will fund fringe benefits and department expenses. BACKGROUND AND FINDINGS: The Texas Department of Transportation (TxDOT) provides grant funding to cities in Texas for the Selective Traffic Enforcement Project (STEP). The STEP program reimburses cities for overtime activities by local law enforcement to reduce automotive accidents by focusing enforcement efforts on high crash areas. Corpus Christi has been identified as a city that has an issue with DWI and speeding violations. TxDOT is providing the City of Corpus Christi Police Department with a grant in an amount of $174,637.00 to continue the STEP program in FY 2021 and the City is matching the grant with $57,682.22 in fringe benefits and fuel from the Police General Fund budget for a total of $232,319.22. The grant will be used to provide overtime funding to police officers to enforce DWIs, speed violations, and distracted driving across the City within varied days of the week and hours of operation. The grant amount has been about the same amount each year. The grant is for a one-year period beginning on October 1, 2020 and ending September 30, 2021. The Police Department has received funding through the STEP program for over 20 years. ALTERNATIVES: Not accept the grant and not provide additional enforcement for DWI and speed violations. FISCAL IMPACT: The fiscal impact in FY 2021 is the acceptance and appropriation of grant funds in an amount of $174,637.00 to the Police Grants Fund and a City match in an amount of $57,682.22 in fringe benefits and fuel to be funded from the Police General Fund. Funding Detail: Fund: 1020 Police General Fund Organization/Activity: 11740 Uniform Mission Element: 155 Enforce Traffic Laws Project # (CIP Only): Account: 511000 Retirement 520050 Fuel and Lubricants RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance authorizing the acceptance of grant funds in an amount of $174,637 from the Texas Department of Transportation for the 2021 Comprehensive Selective Traffic Enforcement Project to increase traffic enforcement in the City with a City match of $57,682.22 in fringe benefits and department expenses with funds available from the FY 2021 General Fund; and appropriating $174,637 in 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 Texas Department of Transportation (TXDOT) in the amount of $174,637 for the 2021 Comprehensive Selective Traffic Enforcement Project (STEP) to increase traffic enforcement in the City, with a city match of $57,682.22 in fringe benefits and department expenses with funds available from the FY 2021 General Fund, for a total project cost of $232,319.32. SECTION 2. That the $174,637 grant is appropriated in the No. 1061 Police Grants Fund to increase traffic enforcement in the City. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, 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 2020, 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 , 2020. ATTEST: Rebecca L. Huerta City Secretary Joe McComb Mayor 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting September 8, 2020 Second Reading Ordinance for the City Council Meeting September 15, 2020 DATE: August 10, 2020 TO: FROM: Peter Zanoni, City Manager Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 Accepting and appropriating the FY 2021 Automobile Burglary and Theft Prevention Grant to continue the Motor Vehicle Theft Unit in the Police Department CAPTION: Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in an amount of $395,356.00 to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of $715,235.00 to fund three sworn officers and two civilians, and an in-kind match of office and equipment space $94,660.00 for a total City contribution of $809,895.00 and a total budget of $1,205,251.00; and appropriating $395,356.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of funds from the Motor Vehicle Crime Prevention Authority for salary, benefits, and overtime of three sworn officers, two civilians, and continuance of the public information and education program. The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi has been awarded funding from the Motor Vehicle Crime Prevention Authority (MVCPA) to continue the Motor Vehicle Theft Unit in the Police Department. The MCVPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of $2 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension of stolen and burglarized vehicles, but also on the salvage yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant which includes crime prevention programs focusing on reducing auto thefts. The public awareness campaign will include advertising on billboards and bench buses. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and two civilians. The civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions include copy machine and office space. The General Fund cash match is for three sworn officers' and two civilian personnel salary, benefits, and overtime who currently work in the auto theft and auto burglary bureau. The City's cash match is also used for vehicle maintenance for nine vehicles as part of the Auto Theft Task Force. Because these funds are neither Federal nor State but collected from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the MVCPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. The grant amount has been slowly reducing in amount over the past five years. The grant award period is September 1, 2020 — August 31, 2021. The City has received the grant for 20 years. ALTERNATIVES: If the grant is not accepted, the Police Department will have to seek other grants and funding resources in order to continue related activities. FISCAL IMPACT The Police General Fund will provide a cash match of $746,168 for sworn officers' salaries/benefits and in-kind contribution of $94,660.00. The City cash match in an amount of $62,180 for FY20 is available for the remainder of FY20 from the Police Department General Fund and an amount of $683,988 is included in the proposed budget for the FY21 Police Department General Fund. Funding Detail: Fund: 1020 General Fund Organization/Activity: Criminal Investigation Division 11720 Criminal Investigation Division Auto Theft 11721 Project # (CIP Only): Account: 510100 Comments: RECOMMENDATION: Staff recommends accepting and appropriating the item. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in an amount of $395,356.00 to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of $715,235.00 to fund three sworn officers and two civilians, and an in-kind match of office and equipment space $94,660.00 for a total City contribution of $809,895.00 and a total budget of $1,205,251.00; and appropriating $395,356.00 in the Police Grants Fund. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat motor vehicle burglary in the jurisdiction; and WHEREAS, this grant program will assist this jurisdiction to combat motor vehicle burglary and theft; and WHEREAS, the City of Corpus Christi has agreed that in the event of loss or misuse of the grant funds, the City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or the City Manager's designee is allowed to execute all documents necessary to accept a grant from the Motor Vehicle Crime Prevention Authority (MVCPA) grant in the amount of $395,356 to continue the motor vehicle theft enforcement grant within the Police Department for Year 21, with a City match of $715,235 to fund three sworn officers and two civilians, in-kind match of $94,660 in the No. 1020 General Fund, for a total project cost of $1,205,251. SECTION 2. That $395,356 from the MVCPA is appropriated in the No. 1061 Police Grants Fund to fund three sworn officers and two civilians and continue the motor vehicle theft enforcement grant within the Police Department. SECTION 3. That Peter Zanoni, City Manager, is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority Grant Program and all other necessary documents to accept said grant. SECTION 4. That Mike Markle, Chief of Police, is designated as the Program Director and Heather Hurlbert, Director of Finance, is designated as the Financial Officer for this grant. SECTION 5. That in the event of loss or misuse of the grant funds, the City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. PASSED AND APPROVED on the day of , 2020: 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 L. Huerta City Secretary Joe McComb Mayor MOTOR VEHICLE CRIME PREVENTION AUTHORITY Motor Vehicle Crime Prevention Authority Ashley Hunter Insurance Representative Shay Gause Insurance Representative Lt. Tommy Hansen Chair Armin Mizani Asst. Chief Mike Rodriguez Insurance Consumer Representative Kit Whitehill Insurance Consumer Representative Law Enforcement Representative Steven C. McCraw Ex Officio Member Major Sharon Jones -Designee Texas Department of Public Safety August 7, 2020 Mr. Keith Selman City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Via Email: KeithSe@cctexas. com Re: FY2021 Statement of Grant Award and Acceptance Notice Grant Number: 608-21-1780200 Grantee: City of Corpus Christi Program Title: Corpus Christi Auto Theft and Burglary Prevention Grant Grant Award Amount: $395,356 Grant Term: September 1, 2020 to August 31, 2021 Dear Mr. Selman, I am pleased to inform you that the City of Corpus Christi has been approved for a grant award awarded by the Motor Vehicle Crime Prevention Authority (MVCPA) in the amount indicated above. The award will be from September 1, 2020 through August 31, 2021. The grant award must be officially accepted by signing the enclosed Statement of Grant Award and uploading the signed Statement of Grant Award in GMTS within 30 days from the date received. The revised grant application is currently locked and still needs to be submitted through the Grant Management and Tracking System (https://mvcpa.tamu.edu/). If any additional changes need to be made to this application, please send a request to GrantsMVCPA@txdmv.gov and we will reopen the application. The Resolution previously adopted by the governing body and submitted needs to be updated to meet grant requirements. A sample Resolution is attached that meets all criteria for your consideration. Please upload the corrected Resolution with the signed SGA. We look forward to working with you to combat and reduce motor vehicle crime. Any questions relating to the administration of this grant should be directed to our office. Please do not hesitate to contact me should you require further assistance with this matter. I can be reached at Bryan.Wilson(atxdmv.gov or (512) 465-4012. Sincerely, Bryan E. Wilson Director Copy via email: all agency designated grant officials 7hxasl)epartment of Motor Vehicles 4000 Jackson Avenue—Austin, Texas 78731 — 512/465-1485 — Fax 512/465-3775 www.txwatchyourcar.com MOTOR VEHICLE CRIME PREVENTION AUTHORITY FY21 Motor Vehicle Crime Prevention Authority (MVCPA) Statement of Grant Award and Grantee Acceptance Notice Grant Number: Grantee: Program Title: Grant Award Amount: Total Cash Match Amount: Reimbursement P ercent: In -Kind Match Amount: Grant Term: 608-21-1780200 City of Corpus Christi Corpus Christi Auto Theft and Burglary Prevention Grant $395,356 $715,235 35.60% $94,660 September 1, 2020 to August 31, 2021 That whereas, City of Corpus Christi (hereinafter referred to as Grantee), has heretofore submitted a grant application in response to the Request for Application issued on April 19, 2019 to the Motor Vehicle Crime Prevention Authority, State of Texas, entitled Corpus Christi Auto Theft and Burglary Prevention Grant, and further identified by grant number 608-21-1780200; and Whereas, the Motor Vehicle Crime Prevention Authority has approved the grant application as evidenced by this FY21 Statement of Grant Award and certain special requirements from the Motor Vehicle Crime Prevention Authority dated August 7, 2020; and Whereas, the Grantee desires to accept the FY21 grant award and use all funds for purposes and in compliance with the following requirements that are adopted in their entirety by reference: • Texas Transportation Code, Chapter 1006; • Texas Administrative Code: Title 43; Part 3; Chapter 57; • Uniform Grant Management Standards (UGMS) as promulgated by the Texas Comptroller of Public Accounts; • The Request for Applications issued on April 19, 2019; • The current Motor Vehicle Crime Prevention Authority Grant Administrative Manual and forms and subsequently adopted grantee instruction manuals and forms; • The Final Adopted Application attached to this Statement of Grant Award; • The certification of compliance; and • The Approved Grant Budget Summary: Approved Grant Budget Summary MVCPA Cash Match Total In -Kind Personnel $324,410 $312,664 $637,074 $0 Fringe $6,204 $371,783 $377,987 $0 Overtime $16,220 $12,000 $28,220 $0 Professional and Contract Services $0 $0 $0 $49,708 Travel $0 $0 $0 Equipment $0 $0 $0 $0 Supplies and Direct Operating $48,522 $18,788 $67,310 $44,952 Total $395,356 $715,235 $1,110,591 $94,660 *Reimbursement Percent: 35.60% - $395 356 MVCPA Amt. / $1,110.592 (MVCPA Amt. plus $715,235 — Cash Match minus $0 amt. in Lieu of) FY21 MVCPA Statement of Grant Award and Grantee Acceptance Page 1 of 2 Now, therefore, the Grantee accepts the FY21 Statement of Grant Award under the conditions above including the special requirements in the grant application and the Statement of Grant Award as evidenced by this agreement, executed by the official authorized to sign the original grant application, or the official's designated successor, as presiding officer of and on behalf of the governing body of this grantee; and The Motor Vehicle Crime Prevention Authority has awarded the above -referenced grant subject to the availability of state funds. The approved budget is reflected in the above Approved Grant Budget Summary. This grant is subject to and conditioned upon the acceptance of the MVCPA Grant Administrative Guide promulgated for this specific program fund (referenced above) by the Motor Vehicle Crime Prevention Authority. Applicable special conditions are listed below. Special Conditions and Requirements (MVCPA will only apply special conditions to applicable juris dictions ): XX BorderSeunity Report Re quire me nt — Grantees that receive Motor Vehicle Crime Prevention Authority funds and which are located along the United States of America border with the United States of Mexico and those that are adjacent to the Gulf Intracoastal Waterway are required to provide an additional report as required by the General Appropriations Act, page IX -38 Section 7:11 (b) 3; 86th Texas Legislature, Regular Session. The Governor or Legislative Budget Board may request additional information regarding the report data during the term of the grant. XX Resolution Required— A Resolution must be adopted by the governing body and provided with the signed SGA. At a minimum the Resolution must state the jurisdictions authority to apply for the grant for the statutory purposes in Transportation Code Chapter 1006, provide that funds shall be returned in the event of loss or misuse and designate grant officials. APPROVED AND ACCEPTED BY: Authorized Official Printed Name and Title Date Signed FY21 MVCPA Statement of Grant Award and Grantee Acceptance Page 2 of 2 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Program Title Please enter a short description of the proposed program that can be used as the title. Corpus Christi Auto Theft and Burglary Prevention Grant Which type of grant are you applying for? Continued Grant - Only available to agencies that have a 2020 grant. These are annual competitive grants for the program described in the application. The program must be submitted for substantially the same program as the previous year. The requested funds, match funds, and in-kind match must be within 5% of the previous year but in any event may not go below the 20% minimum cash match requirement. The number of staff positions must be within 5% of the total positions. Awarded activities are funded on a reimbursement basis. To be eligible for consideration for funding, a program must be designed to support one or more of the following MVCPA program categories. • Law Enforcement, Detection and Apprehension • Prosecution, Adjudication and Conviction • Prevention, Anti -Theft Devices and Motor Vehicle Registration • Reduction of the Sale of Stolen Vehicles or Parts • Education Programs and Marketing Grant Participation and Coverage Area • Other Coverage (Describe): Corpus Christi, Texas, Nueces County, San Patricio and the Port of Corpus Christi. • Law Enforcement Grant Participating and coverage agencies below. Participating Agencies: agencies that will materially participate in the grant application through the use of interlocal agreements. The agencies selected in this list only includes agencies that will receive or provide funding and/or resources. The interlocal agreements do not need to be submitted with the application. Interlocal agreements will need to be executed prior to the first payment being made if selected for a grant. Letters of support with the application from the participating agencies are strongly recommended. Coverage Agencies: agencies that will be covered by the grant but not materially participating in the grant application. These agencies will not be covered by a grant interlocal agreement but as law enforcement agencies may have jurisdictional coverage agreements unrelated to the grant. The agencies selected in this list only includes agencies that will be covered or where the chief of police or county sheriff indicates that their agency will coordinate or call upon the taskforce. These will not directly receive or provide funding and/or resources. Letters of support with the application from the participating agencies are strongly recommended. Participating Agencies Coverage Agencies TX1780200 CORPUS CHRISTI PD (MIP) TX1780000 NUECES CO SO TX2050000 SAN PATRICIO CO SO • National Insurance Crime Bureau (NICB) Used as Match (Documentation and time certification required.) https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppID=147& 1/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Resolution: Complete a Resolution and submit to local governing body for approval. Sample Resolution is found in the Request for Application or send a request for an electronic copy to grantsMVCPA@txdmv.gov. Grant Budget Summary Cash MVCPA Match Total In -Kind Budget Category Expenditures Expenditures Expenditures Match Personnel $324,410 Fringe $6,204 Overtime $16,220 Professional and Contract Services Travel $0 Equipment Supplies and Direct Operating Expenses $48,522 (DOE) Total $395,356 $715,235 180.91% The maximum award for this grant is $395,356. $312,664 $371,783 $12,000 $637,074 $377,987 $28,220 $0 $49,708 $0 $18,788 $67,310 $44,952 Description DETECTIVE 1 DETECTIVE 2 DETECTIVE 3 DETECTIVE 4 LIEUTENANT 1 DETECTIVE 2 DETECTIVE 3 GRANT ADMINISTRATOR 4 CRIME ANALYST 5 LIEUTENANT 1 DETECTIVE 2 DETECTIVE 3 GRANT ADMINISTRATOR 4 CRIME ANALYST 5 DETECTIVE 1 DETECTIVE 2 Subcategory Personnel Investigator/LEO Investigator/LEO Investigator/LEO Investigator/LEO Investigator/LEO Investigator/LEO Investigator/LEO Administrative / Support Crime Analyst/LE Professional Total Personnel $324,410 $312,664 $637,074 Pct MVCPA Cash Time Funds Match 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% $0 $0 $0 $0 $88,435 $80,063 $80,063 $36,554 $1,110,591 $94,660 $80,063 $80,063 $76,269 $76,269 Total In -Kind Match $80,063 $80,063 $76,269 $76,269 $88,435 $80,063 $80,063 $36,554 100.00% $39,295 $39,295 Fringe Investigator/LEO Investigator/LEO Investigator/LEO Administrative / Support Crime Analyst/LE Professional Investigator/LEO Investigator/LEO $690 $48,582 $690 $46,322 $690 $46,671 $689 $25,550 $689 $26,272 $689 $46,299 $689 $46,455 $49,272 $47,012 $47,361 $26,239 $26,961 $46,988 $47,144 https:J/mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 2/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Description DETECTIVE 3 DETECTIVE 4 LIEUTENANT 1 DETECTIVE 2 DETECTIVE 3 GRANT ADMINISTRATOR 4 CRIME ANALYST 5 DETECTIVE 1 DETECTIVE 2 DETECTIVE 3 DETECTIVE 4 NICB SPECIAL AGENT Subcategory Investigator/LEO Investigator/LEO Total Fringe Overtime Investigator/LEO Investigator/LEO Investigator/LEO Administrative / Support Crime Analyst/LE Professional Investigator/LEO Investigator/LEO Investigator/LEO Investigator/LEO Total Overtime Pct MVCPA Cash Total In -Kind Time Funds Match Match $689 $43,068 $43,757 $689 $42,564 $43,253 $6,204 $371,783 $377,987 $3,244 $3,244 $3,244 $3,244 $3,244 $0 $0 $0 $0 $16,220 Professional and Contract Services NICB - personnel 40.00% Total Professional and Contract Services Travel Total Travel Equipment Total Equipment $0 $0 $0 Supplies and Direct Operating Expenses (DOE) A. OFFICE SUPPLIES $10,000 B. COMMUNICATIONS $2,470 C. PUBLIC AWARENESS $12,236 D. POSTAGE $500 E. FUEL $13,916 F. RENTAL SPACE G. COPIER SUPPLIES H. CONFIDENTIAL FUNDS I. MISC. TOOLS $500 $3,000 $3,000 $3,000 $3,000 $3,000 $12,000 $3,244 $3,244 $3,244 $3,244 $3,244 $3,000 $3,000 $3,000 $3,000 $28,220 $0 $49,708 $0 $49,708 $0 $0 $0 $10,000 $2,470 $12,236 $500 $13,916 $0 $11,030 $0 $2,989 $500 $3,000 https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 3/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Description Subcategory Pct MVCPA Cash Total In -Kind Time Funds Match Match J. VEHICLE MAINTENACE $0 $18,788 $18,788 K. REGISTRATION/MEMBERSHIP $4,700 $4,700 FEES L. COVER TRACKER $1,200 $1,200 M. FRINGE ADJUSTMENT $0 $30,933 Total Supplies and Direct Operating Expenses (DOE) Budget Narrative $48,522 $18,788 $67,310 $44,952 https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 4/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Budget Narrative Personnel: Personnel: GRANT PERSONNEL: 1) LIEUTENANT: Serves as the supervisor for the task force. Coordinates all tactical investigations and communicates with police administration on all auto theft and auto burglary matters. Oversees installation, training and upkeep of LPR program utilized by CCPD. Manage two solely dedicated ATTF pole camera surveillance system program. Ensures goals and objectives of grant are met. $88,435 100% 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. $80,063. 100% 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. $80,063. 100% 4) GRANT ADMINISTRATOR: Facilitates all aspects of the auto theft grant throughout the year. Responsible for the development and regulation of the grant application and budget. Serves as a liaison to City Hall, Corpus Christi Police Department, ABPTA, area law enforcement agencies and media. Ensures MVCPA grant compliance. Develops, coordinates and deliver a full- scale public awareness program. Assists in performance of grant goals and objectives. $36,554. 100% 5) CRIME ANALYST: Collects crime data specific to auto burglary and auto theft to identify trends and patterns for departmental personnel. Prepares reports as requested by supervisor and auto theft personnel. Creates database of local auto crime thieves for the use of detectives. Performs work on goals and objectives of the grant. $39,295. 100% CITY MATCH PERSONNEL: 1) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi - jurisdictional cases. Performs work on all goals and objectives of the grant. $80,063. 100% 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. $80,063. 100% 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. $76,269. 100% 4) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. $76,269. 100% https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 5/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Budget Narrative Fringe: Fringe: MVCPA FUNDED PERSONNEL FICA: MVCPA SALARIES: $ 324,410 x 7.65% = $ 24,817; $24,817 x 25% = $6,204 MVCAP FUNDED $24,817 - $6,204 = $17,983 CASH MATCH CORPUS CHRISTI CASH MATCH MVCPA PERSONNEL RETIREMENT: MVCPA SALARIES: $324,410 x 18.69% = $60,632 MVCPA PERSONNEL GROUP INSURANCE: $17,389.26 X 5 STAFF = $ 86,946 MVCPA PERSONNEL SELF INSURANCE: $2,659.25 X 5 STAFF = $ 13,296 TOTAL= $100,242 MVCPA PERSONNELPLAIN CLOTHES: $900 PER YEAR x 3 DETECTIVES = $2700 MVCPA PERSONNELCLEANING: $720 PER YEAR x 3 DETECTIVES = $2160 MVCPA PERSONNEL EDUCATION PAY: $3216 VARIES BETWEEN DETECTIVES: MVCPA PERSONNEL LONGEVITY PAY: $11,880 VARIES BETWEEN DETECTIVES: MVCPA PERSONNEL PEACE OFFICER CERTIFICATION VARIES BETWEEN DETECTIVES= $6,150 MVCPA PERSONNEL VISION: $7 x 12 MONTHS x 3 DETECTIVES = $252 MVCPA PERSONNEL SUPPLEMENTAL: $10 x 12 MONTHS x 3 DETECTIVES = $360 MVCPA PERSONNEL DENTAL: $45 x 12 MONTHS x 3 DETECTIVES = $1620 TOTAL = $28,338 CASH MATCH PERSONNEL: FICA: CASH MATCH SALARIES: $312,664 x 7.65% = $23,919 RETIREMENT: CASH MATCH SALARIES: $312,664 x 18.69% = $58,437 GROUP INSURANCE: $17,389.26 X 4 STAFF = $ 69,557 SELF INSURANCE: $2,659.25 X 4 STAFF = $ 10,637 TOTAL= $80,194 CASH MATCH OTHER: PLAIN CLOTHES: $900 PER YEAR x 4 DETECTIVES = $3600 CLEANING: $720 PER YEAR x 4 DETECTIVES = $2880 EDUCATION PAY: VARIES BETWEEN DETECTIVES = $3684 LONGEVITY PAY: VARIES BETWEEN DETECTIVES = $12,600 PEACE OFFICER CERTIFICATION VARIES BETWEEN DETECTIVES = $6,600 VISION: $7 x 12 MONTHS x 4 DETECTIVES = $336 SUPPLEMENTAL: $10 x 12 MONTHS x 4 DETECTIVES = $480 DENTAL: $45 x 12 MONTHS x 4 DETECTIVES = $2160 TOTAL = $32,340 $24,817 + $23,919 = $48,736 TOTAL CASH MATCH FICA $60,632 + $58,437 = $119,069 TOTAL CASH MATCH RETIREMENT $180,437 TOTAL CASH MATCH INSURANCE $60,678 TOTAL CASH MATCH OTHER Overtime: Overtime: Work to be performed with overtime hours are proactive operations, reactive assessments and public awareness. Most covert operations occur in the evening as well as large case breaks and require detectives to work outside the normal business hours. Most public awareness events occur in the evening and weekend hours. The Corpus Christi Auto Theft Task Force is asking for the maximum allowed limit of 5% of MVCPA salaries which equals to $ 16,200 and will be combined with $12,000 earmarked for overtime on Cash Match side for a total of $28,220. This amount will cover overtime hours for public presentations, operations and call out investigations. Call out investigations, large case breaks and proactive operations are difficult to for see and apply flexible or variable schedules. Overtime request and approval will be adhered by the Corpus Christi Police Department Policy and Procedure for Overtime Compensation Request Policy # 950. Professional and Contract Services: Professional and Contract Services: INKIND PERSONNEL: 1) NICB SPECIAL AGENT: In collaboration with the NICB, a Special Agent will be placed under the Auto Theft Task Force. He will assist in the recovery and tracking of stolen vehicles throughout the state of Texas and the US with his use and knowledge of ISO, Carfax, OCRA. He will assist with 68A's and the research associated with trailers we check. He will be a liaison with other agencies within Texas, the US and other NICB agents to help gather information on current trends and help disseminate information about our current trends. He assists with providing instructors, training materials and presentation for yearly TCOLE certified Auto Theft Training class. He assists our agency on a weekly basis with a total 40% of his time with grant investigations. Supplies and Direct Operating Expenses (DOE): Supplies and Direct Operating Expenses (DOE): A) OFFICE SUPPLIES: ($10,000) - OFFICE SUPPLIES UTLIZED THROUGHOUT THE https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppID=147& 6/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Budget Narrative YEAR TO COVER USE WILL CONSIST OF, BUT NOT LIMITED TO: INK AND TONERS FOR ALL ATTF PRINTERS, PRINTER PART REPLACEMENTS, FAX MACHINE TONER, PENS, PENCILS, MARKERS, BINDERS, SMALL DESK EQUIPMENT, PAPER, FOLDERS, STAPLES, PAPERCLIPS, PADFOLIOS, DIVIDERS, SHEET PROTECTORS, LABELS, ETC. (B) COMMUNICATIONS: ($2,470) - TO COVER CELL PHONE AND AIRCARD CHARGES NEEDED TO UTILIZE PHONES, LAPTOPS AND IPADS AND MAINTENANCE FOR POLE CAM 9 CELL PHONES AT MONTHLY OF $205.83 x 12 MONTHS = $2470 (C) PUBLIC AWARENESS: ($12,236) - PUBLIC AWARENESS FUNDS COVER ADDITIONAL PROMOTIONAL ITEMS NEEDED THROUGHOUT THE YEAR, ADDITIONAL PAMPHLETS, MEDIA BUYS, BOOTH FEES AND PUBLIC AWARENESS SHIRTS. BUS WRAP AND ADVERTISMENT ON BUS BENCHES WILL CONTINUE THROUGH OUT THE CORPUS CHRISTI AND SURROUNDING AREAS AND SIGNAGE IN THE PARKING LOTS OF WHATABURGER FIELD. THE PURCHASE OF SPECIALIZED PARKING LOT SIGNAGE FOR OUR TOURSIT DRIVEN DOWNTOWN DISTRICT WILL ALSO BE PART OF PROGRAM. (D) POSTAGE: ($500) - POSTAGE NEEDED FOR REPORT MAILINGS AS WELL AS FLYER AND PAMPHLET MAILINGS. (E) FUEL: ($13,916) - PROJECTED FUEL COSTS AND INCREASES FOR THE YEAR BETWEEN ALL DETECTIVE VEHICLES, PROMOTIONAL WRAP VEHICLE. 9 VEHICLES AND (1) 12 FT. ENCLOSED TRAILER IN ATTF FLEET. (F) RENTAL SPACE: ($11,030) - INKIND MATCH OF OFFICE SPACE .6128 x 1520 SQFT x 12 MONTHS. BUILDING IS CITY OWNED PROPERTY. CALCULATION IS BASED ON MONETARY VALUE NEEDED TO HOUSE AUTO THEFT TASK FORCE OUTSIDE OF MAIN POLICE STATION. (G) COPIER SUPPLIES: ($2,989) - INKIND MATCH OF COPIER SUPPLIES UTILIZED BY ATTF THROUGHOUT THE YEAR (H) CONFIDENTIAL FUNDS: ($500) - FUNDS TO BE UTILIZED FOR CONFIDENTIAL INFORMANT INFORMATION USED FOR AUTO THEFTAND AUTO BURGLARY CASES. (I) MISC TOOLS: ($3,000) - TOOLS TO BE PURCHASED FOR USE BY DETECTIVES DURING FIELD OPERATIONS, INVESTIGATIONS AND ASSESSMENTS TO INCLUDE BUT NOT LIMITED TO THE FOLLOWING: letter/number stamp sets used in VIN inspections, mirrored sticks to inspect under vehicle, specialized flashlights, night vision scope, rat trap spikes, magnifying self held/clasped glass, vin etching equipment, wire brushes, paint stripper, industrial hand cleaner, rags, tools boxes small and free standing to hold general tools (hammers, screwdrivers, pliers, bolt cutters, etc.), ladders step/extended, vehicle unlock kits, generators, tire inflator, dollies (lightweight/heavy duty), wireless LCD camera to check vehicle tanks for VIN, jack stands. (J) VEHICLE MAINTENANCE: ($18,788) CASH MATCH - CITY OF CORPUS CHRISTI PROVIDES AN ESTIMATED BUDGET OF $2,088 PER VEHICLE TO COVER MAINTENANCE COSTS FOR EVERY VEHICLE IN FLEET (9 VEHICLES ASSIGNED TO AUTO THEFT TASK FORCE) (K) REGISTRATION AND MEMBERSHIP FEES: ($4,700) TAVTI: $150 x 9 = $1350 IAATI: $350 x 9 = $3150 TCPA: $200 x 1 = $200 (L) COVERT TRACKER :($1200) - 2 MAINTENANCE MAPPING AGREEMENT FOR 12 MONTHS. https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppID=147& 7/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Revenue Indicate Source of Cash and In -Kind Matches for the proposed program. Cash Match Source of Cash Match SALARIES Grantee $324,664 FRINGE Grantee $371,783 SUPPLIES Grantee $18,788 Total Cash Match $715,235 In -Kind Match Source of In -Kind Match NICB SPECIAL AGENT NICB $49,708.00 SUPPLIES AND DIRECT OPERATING EXPENSE Grantee $14,019.00 ADJUSTMENT/FRINGE Grantee $30,933.00 Total In -Kind Match $94,660.00 Statistics to Support Grant Problem Statement Use UCR data 2016 2017 2018 Larceny from a motor vehicle 3095 3339 3483 Larceny from a motor vehicle - Parts 141 175 163 Jurisdictions included in totals Statistics for Area of Jurisdiction Theft of a motor vehicle 656 731 916 Recoveries of Motor Vehicles 669 635 870 Jurisdictions included in totals Statistics for Area of Jurisdiction Provide any additional information or limitations about the data provide above Application Narrative Grant Introduction (Executive Summary) 1 1 Briefly describe the organization and program operation. Provide a high level summary to the intent of the application and how it will affect the local community. (500 words or less) Corpus Christi experienced about 3,339 auto burglaries and 731 auto thefts in 2017. Salvage yards continue to be a problem in Corpus Christi as purchasing vehicles without proper titles becomes more popular, more entities have been identified that need to be addressed and monitored. The City of Corpus Christi has over 3,160 employees with an estimated annual budget of $930 million . The Police Department has 446 sworn officers, 204 civilians and an estimated annual budget of $77 million. The Police Department currently is operating 15 grants with all financial paperwork processed by the City of Corpus Christi Finance Office . All aspects of payroll and other expenditures are prepared at the Police Department and forwarded to the Finance Office . The employees hired under the grant are employees of the City of Corpus Christi Police Department. The hiring followed established policies and practices of the City which has an equal employment opportunity police. The officers hired were covered under the collective bargaining agreement between the City of Corpus Christi and the Corpus Christi Police Officers Association. All of the Task Force officers have been deputized to extend searches throughout Nueces County and work continuously throughout the year with Customs, DPS, MVCPA Task Forces, TXDMV and other surrounding law enforcement agencies. The https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppID=147& 8/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Auto Theft Task Force continues to use proactive approaches to monitor vehicle thefts and burglaries. Utilizing the crime analyst information, officers are able to provide proactive enforcement such as field and bait operations . In performing these operations, officers utilize technology made available to them with MVCPA grant funding such as bait softwar, live video streaming and VIN readers. The Public Awareness Campaign makes contact with all demographics present in Corpus Christi. It reaches people of different socio-economic status, cultures, backgrounds, ages, physical abilities, educational backgrounds and geographical backgrounds. Grant Problem Statement 2.1 Provide an assessment of the motor vehicle burglary (including theft of parts) problem in the coverage area of this application. Auto burglaries continue to be one of the most committed crimes in Corpus Christi. As provided by UCR, 3,483 cases of auto burglary were reported to have occurred in 2018 in Corpus Christi, making up 29% of all 2018 UCR crimes reported. The most vulnerable locations to auto burglaries are residential areas, making up 47% of the targeted location types. This is followed by multi -family residential locations (apartments, condos, mobile home parks, etc.), which make up 17.35% of the targeted location types. The main items of target for parts and accessories being reported stolen include license plates, tailgates, and tires/rims. These three items stolen make up 53.77% of all parts and accessories reported stolen. Although 2018 shows an increase from 2017, the number of auto burglaries overall continue to be less since the outset of the MVCPA grant in 2001. A considerable number (70%) of the auto burglaries reported in 2018 were also "victim assisted, " in that the victim left the vehicle unlocked. 2.2 Provide an assessment of the motor vehicle theft problem in the coverage area of this application The city of Corpus Christi is located on the Gulf of Mexico 140 miles east of Laredo and 160 miles of north of Brownsville. Due to this prime location, this metropolitan area serves as a major source for the trafficking of stolen vehicles and parts into Mexico. Of the 916 auto thefts reported in 2018, a significant number (63.53%) were "victim assisted," wherein the victim either leaves the vehicle unlocked, leaves the keys in the vehicle, intentionally or not, or the offender has otherwise gained access to the keys. The past three years have shown an average of 768 auto thefts per year and an average of 725 auto theft recoveries. 2.3 Describe the geographical target area intended for this application. Include information about the taskforce governing and command structure. Include a description of the coverage area(s) and the nature of support and agreements supporting this application. This program covers the City of Corpus Christi which lies in Nueces County. The Corpus Christi Auto Theft Task Force responds to all auto thefts and auto burglaries reported to the City of Corpus Christi Police Department. Our ATTF collaborates with Nueces County Sheriff's Department, Precinct Constables and Port of Corpus Christi Police Department when assistance is requested. Our ATTF officers are deputized to allow officers to conduct investigations throughout Nueces County. The Corpus Christi Auto Theft Task Force will be reporting UCR and analyst numbers for the City of Corpus Christi and any cases generated by our task force in response to out of city limit investigations. 2.4 Will the program described in the application cover the community(ies) at large or will all or any part of this program be directed to serve a specific target population? If No or Both, please describe the problem supporting the need for a special target population. The program described in the application will cover the community (ies) at large. https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 9/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Grant Goals and Activities There are two parts to this section: 1) Functions of Proposed Program and Goals Strategies and Activities (GSA). In the following boxes, describe the functions of the proposed program and then complete a fillable form called GSA. MVCPA programs must completely describe the functions they will perform in implementing the program. If Awarded, funds expended towards activities not described in this section will result in the reimbursement being denied. Part 1 3.1 Functions of the Proposed Program Related to Burglary of a Motor Vehicle With the help of this grant, the Corpus Christi Auto Theft Task Force will conduct field operations, proactive investigations and undercover surveillance operations performed with the assistance of confidential informant information that will lead to apprehension of suspects. Crime analyst data is used to maintain intelligence files and generate reports of repetitive patterns. These reports will be used in suspect linking and will provide an insight to beat officers of auto crimes being committed in their areas. Bait operations will also be conducted and apprehend thieves. The addition of pole cameras used for surveillance have proved successful in detection and apprehension offenders. The public awareness campaign will continue to promote awareness at apartment complexes, fitness facilities, shopping centers, neighborhoods and many other entities. Promotion of prevention techniques is critical to the continuous decrease in auto crime numbers. The program is aimed correctly at fighting auto crimes and educating citizens. Reduce the incident of Theft from a Motor Vehicle. Objective 1: (15) Initiate bait vehicle operations Objective 2: (50) Issue crime analysis bulletins for INTEL sharing with task force and patrol Public Awareness methods used to educate the citizens of Texas and training of qualified personnel in the detection and prevention of auto burglary. Objective 1: Educational outreach events to include (35) trade show exhibits, booths at community events, vehicle displays and brochure drop-offs. Participation in public awareness events to include (25) educational presentations to citizens (10) Trailer VIN Stampings replace VIN etchings (1) Purchase of advertisement via RTA for bus wrap and bus bench wraps (25) postings utilizing social media outlets (Facebook, Twitter, Instagram) (1) Deployment of outdoor public signage (RTA buses and or bus benches) number of deployments per month Conduct media outreach including PSA's, press releases and interviews Objective 2: (1) Conduct 1 day INTEL sharing for officers throughout state. NICB/MVCPA Auto Crime Training (class FY2019 completed with 75 attendees) earing TCOLE credits *Due to Covid-19 and the possibility that it will continue to be a challenge into FY21, our target goals were not minimized. If Covid-19 continues into FY21 our NICB/MVCPA Auto Crime Training class maybe modified as webinar within TCOLE requirements. Objective 3: (5) Conduct auto burglary INTEL and investigative techniques sharing with patrol officers NON-TCOLE The number of persons arrested from auto burglary Objective 1: (15) Conduct bait vehicle operationsObjective 2: (120) Continuously update offender databases The clearance rate of auto burglary cases Objective 1: (300) Clear auto burglary cases Objective 2: (75) File auto burglary cases Objective 3: (12) Multi jurisdictional auto burglary collaborations for case closure *Due to Covid-19 and the possibility that it will continue to be a challenge into FY21, our target https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=147& 10/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 goals were not minimized. If Covid-19 continues into FY21 our public awareness events that require public interaction will be modified with digital marketing. 3.2 Functions of the Proposed Program Related to Theft of a Motor Vehicle The funding by MVCPA will enable the Corpus Christi Auto Theft Task Force to place in motion the following proactive operations to combat the theft of motor vehicles in our city. By conducting salvage yard inspections, the selling of vehicles without proper licenses and titles can be focused upon where many cases have resulted in altered vehicle identification numbers. Field operations, proactive investigations and undercover surveillance operations performed with the assistance of confidential informant information often lead to apprehended suspects. As of July 2019 there has been a decline in theft of a motor vehicle versus this time last year. Crime analyst data is used to maintain intelligence files and generate reports of repetitive patterns. These reports will be used in suspect linking and will provide an insight to beat officers of auto crimes being committed in their areas. The addition of a bait vehicle to our fleet will enable bait operations to detect and apprehend thieves. Public awareness plays a significant role in deterring auto thefts. Public awareness events are planned throughout the year. These events range anywhere from promotional booths, health fairs, city functions, presentations, moving ads on RTA buses, media interviews and placements, VIN trailer stamping events, news letter Initiatives, Neighbors on Watch meetings and miscellaneous meetings with civic groups. The campaign will also coordinate with existing community programs to discuss area problems and possible solutions. Press releases, news conferences, public service announcements and interviews will be scheduled throughout the year as needed. Educating our patrol division is a necessity as they are the first responders on the streets. Classes are planned to educate patrol on auto theft intelligence and investigation techniques. A statewide class is also planned to bring in other task forces to network for intelligence sharing of trends within their perspective areas. Class topics are chosen that are most relevant to the need at the time of the class. Topics range from salvage yards, trailer inspections, VIN identifications, heavy equipment, motorcycles, all terrain vehicles, water craft and also the growing problem with title fraud and purchasing of vehicles with fictitious documentation. Reduce the incident of Motor Vehicle Theft. Objective 1: (15) Initiate bait operations Objective 2: (5) Conduct salvage yard inspections Objective 3: (12) Conduct field operations Public Awareness methods used to educate the citizens of Texas and training of qualified personnel in the detection and prevention of auto theft. Objective 1: (100) Work public awareness events Objective 2: (1) Conduct 1 day INTEL sharing for officers throughout state Objective 3: (4) Conduct auto theft INTEL and investigative techniques sharing with patrol officers Help increase the recovery rate of stolen motor vehicles. Objective 1: (300) Inspect vehicles - 68A inspections, Salvage yards (5)*Due to Covid-19 and the possibility that it will continue to be a challenge into FY21, our target goals will be modified for these target numbers. Objective 2: (12) Utilize License Plate Reader Objective 3: (50) Issue crime analysis bulletins for INTEL sharing with patrol officers The number of persons arrested from motor vehicle theft. Objective 1: (15) Conduct bait vehicle operations Objective 2: (12) Conduct field operations Objective 3: (120) Continuously update offender databases The clearance rate of motor vehicle thefts. Objective 1: (300) Clear auto theft cases Objective 2: (75) File auto theft casesObjective 3: (30) Multi jurisdictional collaborations for case closure Prevent the incident of fraudulent titles and registration of stolen vehicles. Objective 1: (300) https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 11/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Inspect vehicles - 68A inspections, Salvage yards (5) *Due to Covid-19 and the possibility that it will continue to be a challenge into FY21, our target goals will be modified. Objective 2: (100) Work public awareness events Objective 3: (4) Collaborate with TxDot and Nueces County Reduce the incident of automobile insurance fraud. Objective 1: (4) Collaborate with NICB, Objective 2: (4) Investigate suspected insurance fraud/false reports Objective 3: (1) Conduct 1 day intel sharing for officers throughout state (to include class on insurance fraud) *Due to Covid-19 and the possibility that it will continue to be a challenge into FY21,our target goals were not minimized. If Covid-19 continues into FY21 our NICB/MVCPA Auto Crime Training class maybe modified as webinar within TCOLE requirements. 3.3 Functions of the Proposed Program Related to Motor Vehicle Burglary and Theft Prevention The funding by MVCPA will enable the Corpus Christi Auto Theft Task Force to reduce the incidence of theft from motor vehicles through enforcement strategies. Specialized activities will be conducted that result in the arrest, clearance, and recoveries of burglary of motor vehicles and theft of vehicle parts. Conduct bait vehicle operations that target vehicle burglary offenders Objective 1: Measure: Number of bait vehicle burglary deployments Definition: A bait vehicle under this activity will target theft from vehicle offenses. Bait will include, but is not limited to items commonly found in passenger vehicles and pickup trucks for example, laptop computers, cell phones, Yeti coolers, fishing gear, purses. Target= 15 Collaboration may include surrounding agencies and interdepartmental divisions to identify high crime areas and set bait operations. Primary goal is arresting known and unknown vehicle crime thieves thus reducing the number of subsequent thefts. Identify prolific BMV offenders through informants and intelligence Objective 1: Measure: Numbers of offenders identified Definition: The identification and documentation of a burglary from vehicle suspect(s), or groups of burglary from vehicle suspects who are linked to minimum of three or more like crimes. Once offender(s) identified, Crime Analyst will issue crime analysis bulletins for Intel sharing with task force and patrol. Target= 120 Disseminating bulletins helps keep the patrol officer updated on the logistics of vehicle crimes going on in their beat. An updated officer provides for a greater chance of reducing the number of incidents in that beat. . Updating the database is crucial to providing officers with current information. Additionally, information creates (email loop, "South Texas Auto Theft" includes 41 agencies and is distributed 3x during the week with intel) an Intelligence Bulletin to be disseminated among certain law enforcement personnel for Intel. Collaborate with the District Attorney's offices regarding sentencing, case packets or addressing repeat offenders Objective 1: Measure: Number of times collaborated Definition: Collaboration with District Attorney's offices consist of discussion on on-going investigations and receive prosecutor direction on an effective prosecution especially on repeat offenders. Individual meeting will represent a single activity. Case involving multiple offenders will only represent a single collaboration. Cases assigned/investigated represent regardless if case is accepted or rejected. Conduct salvage yard inspections Objective 1: Measure: Number of salvage yards inspected Definition: Site inspection of business(s) that buys or sells salvaged vehicles. Each salvage business will represent one inspection. Investigators will identify vehicles, document and complete Salvage Yard Inspection Form and Salvage Yard Inspection Log. In accordance with the laws and guidelines set forth by the Administrative Rules of the Texas Department of Licensing and Regulation, ATTF officers will recover or identify improperly disposed of vehicles in our local salvage yards and scrap yards thus helping in our recovery rate and identifying and https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 12/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 arresting known/unknown offenders. This activity decreases the opportunity for salvage yards to purchase stolen vehicles from criminals by compelling salvage yards to maintain proper record keeping. Target= 5 BMV related cases presented to prosecutor Objective 1: Measure: Report the total number of BMV related cases presented to prosecutor(s) where there was an incidence of theft from motor vehicle Definition: Any case that the ATTF presents to prosecutor including criminal complaints for BMV, theft, theft of parts or other cases directly tied to MVCPA statue of motor vehicle theft as defined in statue MVCPA. Conduct Collaborative Efforts that Result in the Reduction of Incidents of Theft from a Motor Vehicle Provide Agency Assists Objective 1: Measure: Number of Agency Assists Definition: The ATTF is commonly called to assist other area law enforcement agencies with theft from vehicle related crimes. The ATTF agency assist will include any help, recommendation, contribution or support requested from another agency or offered by the ATTF that aides in the continuance of theft form vehicle investigations. Target= 50 Collaborate with LE agencies and other organizations that assist in the reduction of thefts from a motor vehicle Objective 1: Measure: Number of times collaborated with coverage area agencies or other law enforcement agencies Definition: This activity involves the investigation of thefts from a motor vehicle or other related crimes outside of the ATTF participating agency. The ATTF is directly or indirectly involved in an investigation being conducted by another agency and provides sufficient assistance by a collaborative effort. Target= 12 Collaborate with LE agencies and other organizations that assist in the reduction of thefts from a motor vehicle Objective 1: Measure: Number of times collaborated with coverage area agencies or other law enforcement agencies Definition: This activity involves the investigation of thefts from a motor vehicle or other related crimes outside of the ATTF participating agency. The ATTF is directly or indirectly involved in an investigation being conducted by another agency and provides sufficient assistance by a collaborative effort. Target= 12 Investigate cases regarding stolen parts and other property Objective 1: Measure: Number of cases investigated Definition: Any investigation that the ATTF investigates related to theft from vehicle, vehicle parts or other vehicle property. Educate/Train Citizens and Qualified Personnel in Detection and Prevention of Motor Vehicle ,Burglary of Motor Vehicles and Parts and Accessories. Conduct educational outreach events including trade shows, exhibits, booths at community events, vehicle displays and brochures Objective 1: Measure: Number of outreaches Definition: Outreaches include participation at community awareness fairs, employer wellness fairs, Neighbors on Watch organizations, Homeowner Associations, etc. Outreaches not only include distribution of prevention literature but ATTF personnel directly communicates "one on one" with citizens on vehicle crime prevention. ATTF wrapped Jeep is also part of these events. All necessary activity documentation is completed and filed Target= 35 Conduct educational presentations to citizens Objective 1: Measure: Number of presentations/number of participants Definition: Presentations provide education to citizen groups on the prevention of auto crimes and how not to become a victim of auto crime. Providing knowledge on current crime statistics and new trends also adds to the public's arsenal to not create the opportunity of becoming a victim of gateway auto crimes such as Financial Crimes, Home Burglaries, Frequent Pawners, Robberies, Home Invasions or Murder. All necessary activity documentation is completed and filed. Target= 25 Conduct vehicle identification number Trailer VIN Stampings Objective 1: Measure: Number of https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 13/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 stamping events Definition: Trailer VIN stampings will take place while weekly 68A inspections are being held at the city impound lot. ATTF directly explains the VIN stamping procedure and benefits of tracing stolen trailers and possible auto insurance discounts available at renewal. All necessary documentation is completed and filed. Target= 10 Purchase advertisements in local outlets Objective 1: Measure: Number of advertisements purchased Definition: ATTF has a partnership with the Corpus Christi Hooks Minor League Baseball Club. Corporate partnership includes 2 parking lot signs (prevention tips to not become a victim of auto crimes) visible to all Hooks fans as they approach and enter Whataburger Field. Impressions delivered 483,000 and top ten games average attendance is 7,084. ATTF chooses a game night and a public awareness table is setup on a premier location inside of Whataburger Field. ATTF unit is interacting with fans and giving out promotional items geared towards prevention of auto crimes. Due to present Covid 19 pandemic that our nation is experiencing if the partnership with CC Hooks Minor League Baseball Club is not possible due to public interaction then advertisement will be purchased with RTA and ICONIC in the form of city buses and bus benches being wrapped in MVCPA promotional logo. The last 2 years the unveiling of city buses has taken place in November to kickoff the "Holiday Season" and peak time for auto crimes. Target= 1 Utilize social media outlets (Facebook, Twitter, Instagram, etc.) Objective 1: Measure: Number of postings in social media outlets Definition: Social media is an extremely valuable source of information and stage to communicate in today's society. Social media is an excellent resource that investigators use in investigations but as well a source to reach more citizens with regards to crime trends and prevention information well past our immediate service area population. Target= 24 Deploy outdoor public notification signage Objective 1: Measure: Number of deployments per month (if sign remains several months, count 1 deployment per month) Definition: The ATTF this past year in a collaboration with Regional Transit Authority and ICONIC Sign Group 2 city buses were wrapped to promote citizens not leaving items in the bed of their trucks. In addition to the city buses a total of 10 bus benches were also wrapped and placed in "hot spots" throughout the city. Target= 25 Conduct media outreach, including, public service announcements, press releases, and interviews Objective 1: Measure: Number of outreaches Definition: This activity will not only include public awareness but also crime trends within a particular area. Focusing on crime trends enables our citizens to become more aware and implement the education available in prevention of auto crimes. Our media outreach is readily available in Spanish as well to target our largely represented Spanish speaking public. Conduct law enforcement training (TCOLE) Objective 1: Measure: Number of classes/number of participants Definition: ATTF will conduct an 8 hour classroom training that may include field exercises. The training curriculum will be approved for TCOLE credit for law enforcement personnel only. Training will focus primarily on auto theft/theft from vehicle, identification and recognition. ATTF's goal is to not only provide training related to auto theft investigations but provide officer with networking time to discuss current trends and Intel on organized groups that are affecting throughout the state. All necessary and required documentation will be completed and processed to insure proper receipt of credit. * If Covid-19 continues into FY21 our NICB/MVCPA Auto Crime Training class maybe modified as webinar within TCOLE requirements. Target= 1 Conduct vehicle crimes presentation to law enforcement agencies (non-TCOLE) Objective 1: Measure: Number of classes/number of participants Definition: ATTF will conduct vehicle crime presentation to law enforcement agencies. Presentation will bring awareness of our activities https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 14/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 and services that we can offer. Education will include information that helps law enforcement agencies identify, understand and become more aware of vehicle crime within our area. ATTF presentations on vehicle crime prevention will also include the following groups; police academy, local financial institutions, civic groups and Citizen's Police Academy. Target= 4 MVCPA Task Forces are required to collaborate across judicial boundaries and to develop regional strategies to implement funded activities. Describe how the applicant staff and jurisdiction will coordinate with other agencies and jurisdictions in the implementation of this program. 3.4 Collaboration Effort The officers of the Task Force have been deputized to extend searches throughout Nueces County and work continuously throughout the year with Customs, DPS, MVCPA Task Forces, TxDot, TxDMV and other surrounding law enforcement agencies. With Corpus Christi experiencing about 3,339 auto burglaries and 731 auto thefts in 2017, the ATTF continues to use proactive approaches to monitor vehicle thefts and burglaries. The ATTF investigates all auto burglary and auto theft cases reported to the Corpus Christi Police Department and cases are filed with the District Attorney Office. The ATTF also conducts field operations, bait operations, salvage yard inspections and 68A inspections, all while collaborating with other agencies across the state. Utilizing the crime analyst information, officers are able to provide proactive enforcement such as field and bait operations. In performing these operations, officers utilize technology made available to them with MVCPA grant funding such as bait software, live video streaming and VIN readers. The Public Awareness Campaign makes contact with all demographics represented in Corpus Christi. It reaches people of different socio-economic status, cultures, backgrounds, ages, physical abilities, educational backgrounds and geographical backgrounds by visiting all areas of the city. Due to a large majority of Spanish speaking citizens in Corpus Christi providing Public Awareness in Spanish as well is deemed a necessity to reach that target population. Providing public awareness to the citizens of Corpus Christi is crucial as we continue to battle the surge in auto burglaries due to "victim assisted" wherein the victim either leaves the vehicle unlocked, leaves the keys in the vehicle, intentionally or not and leaving valuables or firearms in sight. 3.5 Functions of the proposed program for other motor vehicle crimes investigations related to motor vehicle burglary or theft such as motor vehicle fraud related crime, insurance fraud, preventing stolen vehicles from entering Mexico, bridge/port crime, cartel or organized criminal enterprises etc... The functions of our program will implement the following proactive approach to prevent and https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 15/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 reduce the incidence of motor vehicle related fraud activities. Collaborate with agencies relating to investigation and enforcement of vehicle insurance fraud Objective 1: Measure: Number of collaborations Definition: Collaboration with insurance industry, In house NICB Special Agent and law enforcement agencies on information to establish if insurance fraud is a factor in an investigation. Target= 4 Conduct 68(A) inspections for TxDMV assignments or reassignment of VIN Objective 1: Measure: Number of vehicles inspected to complete a serialized 68A inspection form per TxDMV (VIN assignment, reassignment, bonded title) Definition: 68A inspection is conducted by ATTF investigator for the purpose of completion of TxDMV form VTR -68-A and represent one inspection regardless if form is issued or not. Scheduled days that ATTF performs public inspections also represent one activity per individual inspection.)*Due to Covid-19 and the possibility that it will continue to be a challenge into FY21, our target goals will be modified for these target numbers. Target= 300 Coordinate with TxDMV/Tax Offices relating to investigation and enforcement of fraudulent titles and registration of stolen vehicles Objective 1: Measure: Number of collaborations Definition: Collaboration with TxDMV/Tax Offices relating to an investigation of fraudulent titles and registration. Communication between agencies reduces the incidents of stolen vehicles being fraudulently titled or registered. Target= 4 Part II Goals, Strategies, and Activities Select Goals, Strategies, and Activity Targets for the proposed program. Click on the link above and select the method by which statutory measures will be collected. Law Enforcement programs must also estimate targets for the MVCPA predetermined activities. The MVCPA board has determined that grants programs must document specific activities that are appropriate under each of the three goals. Applicants are allowed to write a limited number of user defined activities. ID Activity Measure Target Mandatory Motor Vehicle Theft Measures Required for all Grantees. 1.1.15 Increase the recovery rate of stolen Report the number of vehicles Mandatory. motor vehicles recovered Reporting for Combination of TF and Jurisdiction 1.1.16 Increase the clearance rate of motor Report the number of motor vehicle Mandatory. vehicle thefts theft cases cleared Reporting for Combination of TF and Jurisdiction https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 16/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 ID Activity Measure Target 1.1.17 Increase the number of persons Report the number of persons arrested Mandatory. arrested for motor vehicle theft for motor vehicle theft Reporting for Combination of TF and Jurisdiction Mandatory Burglary of a Motor Vehicle Measures Required for all Grantees 2.1.12 Increase the clearance rate of motor Report the number of burglary cases Mandatory. vehicle burglaries cleared Reporting for Combination of TF and Jurisdiction 2.1.13 Increase the number of persons Report the number of persons arrested Mandatory. arrested for motor vehicle burglary for burglary Reporting for Combination of TF and Jurisdiction Measures for Grantees. Add Target values for those that you will measure. 1 Goal 1: Reduce the Incidence of Motor Vehicle Theft through Enforcement Strategies 1.1 Strategy 1: Conduct Activities that Result in the Arrest, Clearance, and Recoveries of Motor Vehicle Theft 1.1.1 Identify groups of auto theft offenders through intelligence gathering, crime analysis and the use of informants 1 1.2 Identify and document/record prolific motor vehicle theft offenders [Prolific is defined as "linked to MVT offenses three or more times"] 1.1.3 Collaborate with the District Attorneys' offices regarding sentencing, case packets or addressing repeat offenders 1.1.5 Conduct inspections of local businesses related to vehicle enterprise (transportation code or occupation code authorized companies such as salvage yard, repair shop, parts recycling center, used car dealership, salvage rebuilder, title service company, other). (see 1.3 for number of vehicles inspected in these businesses) 1 1.6 Conduct bait vehicle operations that target motor vehicle theft offenders 1 1.8 Deploy license plate readers (LPR) 1 1.9 Respond to license plate reader (LPR) alert notifications Number of groups identified Number identified/documented offenders Report the total number of cases where LEOs collaborated with prosecutors Number of businesses inspected Number of bait vehicle deployments Number of times LPR deployed Number of times investigators responded to LPR alert notifications 120 15 12 https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 17/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 ID Activity 1.1.12 Conduct covert operations targeting motor vehicle theft offenders 1.1.13 Conduct warrant "round -up" operations targeting auto crimes offenders, including those wanted for motor vehicle thefts, vehicle burglaries and the theft of vehicle parts Measure Number of covert operations Number of operations Target 12 1.2 Strategy 2: Conduct Collaborative Efforts that Result In Reduction of Incidents of Motor Vehicle Theft 1.2.1 Provide Agency Assists Number of agency assists 1.2.2 Collaborate with other units or divisions (i.e. homicide, vice, narcotics, etc.) where a motor vehicle was used in the commission of the crime (includes identification of vehicle). 1.2.3 Collaborate with LE agencies and other organizations that assist in the reduction of motor vehicle thefts 1.2.4 Collaborate on investigations regarding stolen parts and other property 1.2.5 Conduct intelligence information - sharing 1.2.6 Conduct intelligence information - sharing 1.3 Strategy 3: Prevent and Reduce the Incidence of Motor Vehicle Related Fraud Activities Number of collaborations Number of times collaborated within departments or SOs participating in taskforce Number of times collaborated with coverage area agencies or other law enforcement agencies Number of cases investigated Number of intelligence meetings attended Crime analysis bulletins disseminated 1.3.1 Collaborate with agencies relating to investigation and enforcement of vehicle insurance fraud 1.3.2 Conduct 68(A) inspections (for Number of vehicles inspected to TxDMV assignment or reassignment complete a serialized 68A inspection of VIN) form per TxDMV (VIN assignment, reassignment, bonded title) 1.3.3 Conduct VIN verification inspections. Number of vehicles inspected (All other reasons except bridge or port) 1.3.4 Coordinate with TxDMV/Tax Offices Number of collaborations related to relating to investigation and MVT enforcement of fraudulent titles and registration of stolen vehicles 1.3.5 Persons arrested for Insurance Fraud 1.3.6 Persons arrested for Title Fraud 1.3.7 Persons arrested for Registration Fraud 1.3.8 Persons arrested for Plate Fraud 100 12 20 50 4 300 4 https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 18/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 ID Activity Measure Target 1.3.9 Persons arrested for Salvage or Dealer fraud 1.3.10 Persons arrested for Odometer Fraud 2 Goal 2: Reduce the Incidence of Theft from Motor Vehicles through Enforcement Strategies 2.1 Strategy 1: Conduct Activities that Result in the Arrest, Clearance, and Recoveries of Burglary of Motor Vehicles and Theft of Vehicle Parts and Accessories 2.1.1 Conduct bait vehicle operations that Number of bait vehicle burglary 15 target vehicle burglary offenders deployments 2.1.2 Identify "prolific BMV offenders" Number of offenders identified 120 through informants and intelligence [Prolific is defined as "linked to BMV and theft of vehicle parts and accessories offenses three or more times"] 2.1.3 Collaborate with the District Attorneys' Report the total number of cases offices regarding sentencing, case where LEOs collaborated with packets or addressing repeat prosecutors offenders 2 1.4 Conduct inspections of local Number of businesses inspected (see 5 businesses related to vehicle Goal 5 for number and value of parts enterprise (transportation code or recovered) occupation code authorized companies such as salvage yard, repair shop, parts recycling center, used car dealership, salvage rebuilder, title service company, other). 2 1.5 Conduct warrant "round -up" Number of "round up" operations operations targeting auto crimes offenders, including those wanted for motor vehicle thefts, vehicle burglaries and the theft of vehicle parts 2.1.7 BMV related cases presented to Report the total number of BMV related prosecutor cases presented to prosecutor(s) where there was an incidence of theft from motor vehicles (includes criminal complaints for BMV, Theft, theft of parts or other cases directly tied to ABTPA statute of motor vehicle burglary and economic motor vehicle theft as defined in ABTPA statute) 2.2 Strategy 2: Conduct Collaborative Efforts that Result in the Reduction of Incidents of Theft From a Motor Vehicle 2.2.1 Provide Agency Assists Number of agency assists 25 https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 19/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 ID Activity 2.2.2 Collaborate with other units or divisions (i.e. homicide, vice, narcotics, etc.) where a motor vehicle was used in the commission of the crime (includes identification of vehicle). 2.2.3 Collaborate with LE agencies and other organizations that assist in the reduction of thefts from a motor vehicle Measure Target Number of times collaborated within departments or SOs participating in taskforce Number of times collaborated with coverage area agencies or other law enforcement agencies. 12 2.2.4 Investigate cases regarding stolen Number of cases investigated parts and other property 3 Goal 3: Educate/Train Citizens and Qualified Personnel in Detection and Prevention of Motor Vehicle Theft, Burglary of Motor Vehicles and Theft of Vehicle Parts and Accessories 3.1 Strategy 1: Conduct Public Awareness Related Activities Used to Educate Citizens 3.1.1 Conduct educational outreach events Number of outreaches 35 (include trade show, exhibits, booths at community events, vehicle displays, brochures, etc.) 3.1.2 Conduct educational presentations to Number of presentations citizens 3.1.4 Conduct vehicle identification number Number of etching events 10 (VIN) etchings 3.1.5 Purchase advertisements in local Number of advertisements purchased outlets 3.1.6 Conduct vehicle report card initiatives. Number report cards issued 5 25 3.1.7 Utilize social media outlets (FaceBook, Twitter, Instagram, etc.) 3.1.8 Deploy outdoor public notification signage 3.1.10 Conduct media outreach, including, public service announcements, press releases, and interviews 3.2 Strategy 2: Conduct Law Enforcement Training Activities to Educate Officers on Recognition and Apprehension of Stolen Vehicles and Property Number of postings in social media outlets Number of deployments per month (if sign remains several months, count as 1 deployment per month) Number of outreaches 3.2.1 Conduct law enforcement training Number of classes (TCOLE) 3.2.2 Conduct law enforcement training Number of participants (TCOLE) 3.2.3 Conduct vehicle crimes presentations Number of classes to law enforcement agencies (non TCOLE) 3.2.4 Conduct vehicle crimes presentations Number of participants to law enforcement agencies (non TCOLE) 24 1 4 https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 20/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 ID Activity Measure Target Grant Evaluation 4.1 Describe the method and practice of evaluating the program activities. Including management and staff participation and systems (forms and software) used to ensure reliable and accurate data is collected and reported. We will evaluate our project on a monthly basis to improve its design and assess its effectiveness in reaching our goals and objectives. At the start of the grant term we will conduct a front-end evaluation of the program to determine prior auto theft and auto burglary rates. These rates will be recorded on a monthly basis and will be compared to the same time frame of the previous year. At the conclusion of the grant term we will report the summative impact of this project on the citizens of Corpus Christi. This evaluation will focus on two separate aspects of the project; the program staff - Auto Theft Task Force detectives and team of civilians to fulfill the objectives of the grant and auto crime rates. All the evaluation data collected will be summarized and included in our final report. The information collected to complete the monthly reports is retrieved from our I/Leads reporting management system. Information gathered and reported in I/Leads is based on NIBRS reporting guidelines. Aspect #1 - ATTF detectives and team of civilians * Each objective will be documented to the correlating goal for achievement to ensure all grant goals are met. Aspect #2 - Auto Crime Rate * Documentation will be kept for comparison of all relevant auto crime numbers. Three areas of the highest auto crime rates (Areas A, B, C and D) will be selected during the first three quarters of the grant term, one at each quarter. The target area will be selected at the end of the first month of the quarter. This will allow a time frame of data collection in month one, implementation of a concentrated effort of crime prevention through public awareness and proactive operations in month two and evaluation of implementation in month three. To measure the effectiveness of this project, the following data will be recorded. Aspect #1 - ATTF detectives and team of civilians * (300) Inspect vehicles - 68A inspections, (5) Salvage yards * (300) Clear auto theft cases * (300) Clear auto burglary cases * (100) Work public awareness events * (50) Issue crime analysis bulletins for Intel sharing with patrol officers (auto theft) * (50) Issue crime analysis bulletins for Intel sharing with patrol officers (auto burglary) * (15) Bait vehicle operations (15) * (15) Bait vehicle operations (auto burglary) * (75) File auto theft cases * (12) Conduct field operations (auto theft) * (12) Conduct License Plate Reader operations * (4) Collaborate with agencies relating to investigation and enforcement of vehicle insurance fraud * (5) Conduct salvage yard inspections * (30) Multi jurisdictional auto theft collaborations for case closure * (12) Multi jurisdictional auto burglary collaborations for case closure * (20) INTEL Meeting/Compstat * (120) Update offender database monthly for auto theft * (120) Update for offender database monthly for auto burglary * (4) Collaborate with TxDot and Nueces County * (4) Collaborate with NICB * (4) Conduct auto theft intel and investigative techniques with law enforcement agencies (non-TCOLE) * (1) Conduct 1 day intel sharing for officers throughout state w/ insurance fraud (TCOLE) Aspect #2 - Auto Crime Rate * Number of auto thefts for program area * Number of auto burglaries for program area * Clearance rate of auto thefts for program area * Clearance rate of auto burglaries for program area * Proportion of stolen vehicles recovered * Auto theft arrests * Auto burglary arrests Using crime mapping technology, the effects of the saturation on target areas as well the city as a whole will be evaluated to determine if auto crimes are actually being reduced or displaced to other areas. Data will be analyzed using ArcMap 10-ESRI, ILEADS,Excel and Powerpoint software. Reports will be generated for the Motor Vehicle Crime Prevention Authority, Corpus https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 21/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Christi Police Department, City of Corpus Christi and other entities utilizing in house computer systems and software. 4.2 Provide suggested measures that your think would better reflect the law enforcement or prevention work that your grant will perform. If the suggested measure fits into one of the goals 1-3 in the goals list above please indicate. If the suggested measure is a new kind of goal please suggest what best fits your measure. Current Documents in folder Resolution.pdf (6/11/2020 1:32:15 PM) Certifications The certifying official is the authorized official, Keith Selman, Assistant City Manager. By submitting this application I certify that I have been designated by my jurisdiction as the authorized official to accept the terms and conditions of the grant. The statements herein are true, complete, and accurate to the best of my knowledge. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. By submitting this application I certify that my jurisdiction agrees to comply with all terms and conditions if the grant is awarded and accepted. I further certify that my jurisdiction will comply with all applicable state and federal laws, rules and regulations in the application, acceptance, administration and operation of this grant. https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppI D=1 47& 22/22 AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting of September 8, 2020 Second Reading Ordinance for the City Council Meeting of September 15, 2020 DATE: August 25, 2020 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Public Hearing and Ordinance of the Proposed FY 2020-2021 Budget CAPTION: Ordinance Adopting the City of Corpus Christi Operating Budget and the Capital Improvement Program Budget for the Fiscal Year 2020-2021, Beginning October 1, 2020; Authorizing personnel complements; appropriating funds as provided in the budget. SUMMARY: This item is to adopt the budget as amended by the schedule of adjustments for the upcoming fiscal year with total proposed amended expenditures of $946,283,848 and total proposed amended revenues of $917,596,740 which includes an increase of $755,027 in property tax revenues over the prior year for operating and $259,915,560 for the Capital Improvement Program. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Budget on a yearly basis. The City of Corpus Christi is proposing amended expenditures of $946,283,848 and total proposed amended revenues of $917,596,740 which includes an increase of $755,027 in property tax revenues over the prior year for operating and $259,915,560 for the Capital Improvement Program. This budget will raise more total property taxes than last year's budget by $755,027 (General Fund $451,903, Debt Service Fund $256,392, Residential Street Reconstruction Fund $46,732), or .58%, and of that amount an estimated $608,685 is tax revenue to be raised from new property added to the tax roll this year. ALTERNATIVES: Approval of the budget is required by the City Charter. FISCAL IMPACT: Total proposed expenditures are $946,283,848 and total proposed revenues are $917,596,740 which includes an increase of $755,027 in property tax revenues over the prior year for operating and $259,915,560 for the Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the FY2020-2021 Proposed Budget as amended by the schedule of adjustments with total proposed amended expenditures of $946,283,848 and total proposed amended revenues of $917,596,740 which includes an increase of $755,027 in property tax revenues over the prior year for operating and $259,915,560 for the Capital Improvement Program. LIST OF SUPPORTING DOCUMENTS: FY 2020-2021 Budget Ordinance Schedule of Adjustments ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI OPERATING BUDGET AND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR 2020- 2021 BEGINNING OCTOBER 1, 2020; AUTHORIZING PERSONNEL COMPLEMENTS; PROVIDING FOR COPY TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council an operating budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2020, and ending September 30, 2021, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Operating Budget of the City of Corpus Christi, covering proposed expenditures amounting to $946,283,848 and estimated revenues amounting to $917,596,740 for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Operating Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Operating Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 393* Police Lieutenant - 39 Police Captain - 15 Deputy Chief - 5 Assistant Police Chief - 3 Police Chief - 1 FY20-21 TOTAL 456 * These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 4. Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter I - 98* Firefighter II —EMS — 145 Firefighter II — Engineer - 73 Fire Captain - 79 Battalion Chief - 13 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY20-21 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 5. That the number of City -funded personnel positions (excluding grant funded positions) in all City -funded Departments shall not exceed the total number by indicated fund, as set forth in the FY 2020 -2021 Budget. SECTION 6. That the Fiscal Year 2020 — 2021 Capital Budget and Capital Improvement Planning Guide in the amount of $259,915,560 is hereby approved. A copy of the Fiscal Year 2020 — 2021 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary. SECTION 7. That upon final passage of this budget ordinance, a true certified copy of the budget shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 8. 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 in this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, 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 2020, 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 , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Schedule of Adjustments City of Corpus Christi Amendments to the FY 2020-2021 Proposed Budget TOTAL PROPOSED REVENUES TOTAL PROPOSED EXPENDITURES $ 911,677,209 $ 934,122,612 General Fund 1020 Proposed Revenues $ 264,104,252 Adjustments: Increase City Sales Tax 42,533 After Hour Kid Power 45,000 Total Adjusted Revenues $ 264,191,785 Proposed Expenditures $ 265,304,252 Adjustments: Increase Central Library Books and Periodicals 35,000 Increase Park Operations Professional Services 75,000 Decrease NCAD/NC-Administrative Professional Services (70,000) Increase Transfer to Street Fund 2,400 Increase Transfer to Residential Services 133 After Hour Kid Power 45,000 Total Adjusted Expenditures $ 265,391,785 ENTERPRISE FUNDS Water Fund 4010 Proposed Revenues $ 132,491,408 Adjustments: Increase ICL Residential 4,000,000 Increase ICL Commercial 3,900,000 Increase ICL Large Volume Users 500,000 Total Adjusted Revenues $ 140,891,408 Proposed Expenditures $ 135,283,564 Adjustments: Added for Impact Fee Study 400,000 Increase Transfer to Storm Water Fund 8,483,148 Total Adjusted Expenditures $ 144,166,712 Wastewater Fund 4200 Proposed Expenditures $ 70,032,943 Adiustments: Increase WW Collections Major Maint & Repair 541,946 Decrease Transfer to Utility System Debt Fund (636,686) Added for Impact Fee Study 400,000 Total Adjusted Expenditures $ 70,338,203 Storm Water Fund 4300 Proposed Revenues $ 16,919,861 Adjustments: Removed Storm Water Fees - Residential (5,531,013) Removed Storm Water Fees - Non -Residential (2,952,136) Inrease Transfer from Other Funds 8,483,148 Total Adjusted Revenues $ 16,919,860 Proposed Expenditures $ 17,402,981 Adjustments: Removed WW Collections Major Maint & Repair (541,946) Total Adjusted Expenditures $ 16,861,035 INTERNAL SERVICE FUNDS Engineering Fund 5310 Proposed Revenues Adiustments: Decrease resulting from decrease in expenditures Total Adjusted Revenues Proposed Expenditures Adiustments: Decrease to Salaries & Wages Total Adjusted Expenditures $ 10,604,400 (1,933,848) 8,670,552 $ 11,075,573 (1,896,453) 9,179,120 SPECIAL REVENUE FUNDS Street Maintenance Fund - 1041 34,188,812 2,400 Proposed Revenues Adjustments: $ Increase to Transfer from General Fund 6% Policy Total Adjusted Revenues $ 34,191,212 Residential Street Reconstruction Fund - 1042 9,718,537 133 Proposed Revenues Adjustments: $ Increase to Transfer from General Fund Total Adjusted Revenues $ 9,718,670 Development Services -4670 8,214,622 2,250,000 700,000 Proposed Expenditures Adiustments: $ Added for Renovations to Frost Building and 2 Compliance Inspectors Added for Master Planning & Impact Fee Study Total Adjusted Expenditures $ 11,164,622 DEBT SERVICES FUNDS Water System Debt Fund 4400 Proposed Expenditures Adjustments: Increase to Principal Retired Increase to Interest Total Adjusted Expenditures $ 20,988,179 588,234 86,797 21,663,210 Wastewater System Debt Fund 4410 Proposed Revenues Adiustments: Decrease Transfer to Debt Total Adjusted Revenues Proposed Expenditures Adiustments: Increase to Principal Retired Decrease to Interest Total Adjusted Expenditures $ 19,986,155 (636,686) 19,349,469 $ 19,938,023 1,024,014 (1,660,700) 19,301,337 Storm Water System Fund 4430 Proposed Expenditures Adiustments: Increaase to Principal Retired Increase to Interest Total Adjusted Expenditures $ 14,666,277 1,625,595 709,754 17,001,626 TOTAL PROPOSED AMENDED REVENUES TOTAL PROPOSED AMENDED EXPENDITURES $ 917,596,740 $ 946,283,848 City of Corpus Christi - Budget Summary of Full-time Equivalents Fund/Department 2020 - 2021 UPDATED Original 2018 - 2019 2019 - 2020 FTE FTE Regular Regular SflTTIR7 FTE FTE Total Total Full-time Part-time Change 1=M General Fund Office of the Mayor City Council City Secretary City Auditor City Manager Assistant City Managers Intergovernmental Relations Communication Call Center Legal Finance Office of Management & Budget Office of Strategic Management Human Resources Municipal Court Fire Civilian Sworn Firefighters Police Civilian Sworn Officers Animal Control Code Enforcement Health District Library Parks & Recreation Solid Waste Housing and Community Development Comprehensive Planning General Fund Total Enterprise Funds Water Fund 4010 Gas Fund 4130 Wastewater Fund 4200 Storm Water Fund 4300 Airport Fund 4610 Marina Fund 4700 Enterprise Funds Total Internal Service Funds Contracts and Procurement Fund 5010 Asset Management - Fleet Fund 5110 Asset Management - Facilities Fund 5115 Information Technology Fund 5210 Engineering Services Fund 5310 Risk Management Administration Fund 5613 Health Benefits Administration Fund 5618 Internal Service Funds Total Special Revenue Funds State Hotel Occupancy Tax Fund 1032 Juvenile Case Manager Fund 1037 2.00 2.00 2.00 6.00 6.00 6.00 4.00 4.00 4.00 4.75 6.75 10.00 2.00 - 1.00 1.00 1.00 7.00 7.00 7.00 - 26.00 27.00 27.00 21.00 47.00 47.00 49.00 5.00 8.00 9.00 2.00 2.00 2.00 17.00 17.00 22.00 68.84 68.84 68.84 429.00 430.00 430.00 15.00 16.00 16.00 414.00 414.00 414.00 573.32 580.32 502.97 193.32 195.32 114.97 380.00 385.00 388.00 33.00 35.00 35.00 22.00 23.00 24.00 29.97 29.97 29.50 50.63 53.63 55.13 253.60 263.14 155.62 170.62 2.00 2.00 4.00 4.00 5.00 112.97 264.70 263.14 178.00 179.00 2.00 6.00 4.00 10.00 1.00 7.00 26.00 21.00 49.00 9.00 2.00 22.00 60.00 430.00 16.00 414.00 501.00 113.00 388.00 35.00 24.00 29.00 45.00 167.00 178.00 4.00 5.00 8.84 1.97 1.97 0.50 10.13 97.70 3.25 26.00 (6.00) 2.00 1.00 5.00 (77.35) (80.35) 3.00 1.00 (0.47) 1.50 1.56 7.38 (2.00) 1.00 1,746.73 1,788.27 1,752.14 1,748.58 1,633.00 119.14 (36.13) 260.40 149.00 159.00 82.00 82.00 15.00 302.00 149.00 198.00 92.00 82.00 15.00 295.00 148.00 218.00 100.00 81.00 15.00 98.00 295.00 148.00 218.00 100.00 81.00 15.00 (7.00) (1.00) 20.00 8.00 (1.00) 747.40 838.00 857.00 855.00 857.00 19.00 21.00 59.00 22.00 93.00 67.00 14.00 7.00 28.00 59.00 24.00 93.00 72.00 14.00 7.00 31.00 58.00 53.00 79.00 77.00 13.00 7.00 59.00 31.00 58.00 53.00 79.00 76.00 13.00 7.00 1.00 3.00 (1.00) 29.00 (14.00) 5.00 (1.00) 283.00 297.00 318.00 319.00 317.00 1.00 21.00 15.70 22.02 21.90 2.00 2.00 15.00 2.00 2.00 6.90 (0.12) Street Maintenance Fund 1041 MetroCom Fund 1048 Civilian Sworn Officers Development Services Fund 4670 Visitors Facilities Fund 4710 Local Emergency Planning Fund 6060 Crime Control Fund 9010 Civilian Sworn Officers Special Revenue Funds Total Operating FTE's Grant FTE's Total City FTE's 132.00 137.00 63.50 13.00 1.00 63.00 63.00 65.50 13.00 1.00 63.00 63.00 138.00 81.35 79.35 2.00 62.50 13.00 1.00 63.00 63.00 60.50 138.00 79.00 77.00 2.00 61.00 13.00 1.00 63.00 63.00 - 1.00 2.35 81.35 2.35 79.35 - 2.00 1.50 (3.00) 290.20 303.52 382.75 380.75 372.00 10.75 79.23 3,067.33 3,226.79 91.00 94.48 3,158.33 3,321.27 3,309.89 3,303.33 94.60 93.00 3,179.00 130.89 83.10 94.60 - 0.12 3,404.49 3,394.33 3,273.60 130.89 83.22 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 8, 2020 DATE: August 26, 2020 TO: FROM: Peter Zanoni, City Manager Heather Hurlbert, Director of Finance and Business Analysis HeatherH3@cctexas.com (361) 826-3227 Public Hearing and First Reading on Fiscal Year 2020-2021 Ad Valorem Tax Rate CAPTION: Ordinance setting a property tax rate of $0.646264 per $100 valuation which is effectively a 2.16% increase over the no -new -revenue tax rate. SUMMARY: The section 26.05(d) of the Local Government Code requires that one public hearing be held when a taxing unit proposes a tax rate that exceeds either the no -new -revenue tax rate or the voter -approval tax rate, whichever is lower. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing a tax rate of $0.646264 per $100 valuation for Fiscal Year (FY) 2020-2021. This tax rate is the same as the FY 2019-2020 tax rate. While this rate will produce more tax revenue due to increased appraised values, the tax rate remains the same. As this rate exceeds either the no -new -revenue tax rate (formally the effective tax rate) of $0.632600 per $100 valuation, or the voter -approval tax rate (formally the roll -back tax rate) of $0.654743 per $100 valuation, the Property Tax Code requires that the governing body schedule one public hearing on the proposal. The public hearing for the FY 2020-2021 proposed tax rate, as well as the first reading of the ordinance for adoption of the FY2020-2021 tax rate will be held on September 8, 2020 during the regular City Council meeting beginning at 11:30 am. The vote for the final adoption of the tax rate will be held at the September 15, 2020 City Council meeting. ALTERNATIVES: Per section 26.05(d) of the local government code, a public hearing is required when the proposed tax rate the exceeds the no -new -revenue rate. If the choice is made to not hold a public hearing, the no -new -revenue rate of $0.632600 or a lower rate must be adopted. FISCAL IMPACT: We anticipate generating estimated total tax revenues of $130,949,745 for the City. Of this total amount, $44,467,848 is first allocated for debt service or Interest and Sinking (I&S) and the difference of $86,481,897 is allocated to the General Fund for Maintenance and Operations (M&O). Of the amount allocated to the General Fund, $8,105,031, the equivalent of $.04 of the tax rate, will be transferred from the General Fund to the Streets Fund for Residential Streets. RECOMMENDATION: Staff recommends approval of the FY 2020-2021 Ad Valorem Tax Rate of $0.646264 per $100 valuation on September 15, 2020. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance setting a property tax rate of $0.646264 per $100 valuation which is effectively a 2.16% increase over the no -new -revenue tax rate. WHEREAS, this tax levy is in accordance with the Fiscal Year 2021 operating budget adopted on September 15, 2020; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2020 as follows: $0.426806 for the purpose of maintenance and operation 0.219458 for payment of principal and interest on debt $0.646264 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.48% PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $6.24. SECTION 2. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2020 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.426806 on each one hundred dollar value on all property, real, personal, and mixed, located within the City of Corpus Christi upon which a tax is authorized to be levied by law and upon all franchises of all individuals, partners, and corporations holding franchises in the City for defrayment of current expenses of the government of the City of Corpus Christi. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. Four cents ($0.04) per one hundred dollars ($100.00) shall be dedicated for residential street reconstruction in accordance with Article VIII, Section 1(c) of the City Charter and shall be transferred from the General Fund to a dedicated fund on a monthly basis. SECTION 3. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2020 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.219458 on each one hundred dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: Page 1 of 4 ANNUAL DEBT SERVICE DUE FY 2020-2021 Page 2 of 4 Principal Interest & Fees Total 2010 CO's - Convention Center $150,000 $71,951 $221,951 2012 General Obligation -Streets $2,235,000 $1,457,244 $3,692,244 2012 Public Property Contractual Obligations $645,000 $50,724 $695,724 2012 Combination Tax & Surplus Airport CO's $215,000 $93,788 $308,788 2012A General Obligation - Airport $885,000 $53,244 $938,244 2012B General Obligation (Airport) $55,000 $309,072 $364,072 2012C General Obligation $3,445,000 $288,650 $3,733,650 2012D General Obligation $8,495,000 $996,162 $9,491,162 2013 General Obligation $3,575,000 $1,126,875 $4,701,875 2014 Public Property Financial Obligation $750,000 $109,312 $859,312 2014 Tax Notes $1,215,000 $9,356 $1,224,356 2015 GO Refunding 2007A & 2009 $5,880,000 $2,804,100 $8,684,100 2015 GO's (Funding Bond 2014) $3,570,000 $3,371,800 $6,941,800 2015 Taxable CO's - Landfill $415,000 $298,519 $713,519 2016 CO's (Facilities) $85,000 $57,963 $142,963 2016A GO's Refunding - Streets $405,000 $126,925 $531,925 2016A GO's Refunding - TMPC $730,000 $93,274 $823,274 Page 2 of 4 n addition to the ad valorem tax levy for debt service totaling $43,902,657 the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. All taxes for the tax year 2020 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2021, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of the Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5. 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 Page 3 of 4 Principal Interest & Fees Total 2016 Tax & Limited Pledge CO's - Streets $650,000 $530,300 $1,180,300 2017 Tax & Limited Pledge CO's - Landfill $240,000 $51,899 $291,899 2018 General Obligation $0 $817,750 $817,750 2018A Combination Tax & Limited Pledge CO's $0 $683,400 $683,400 2018B Combination Tax & Limited Pledge CO's - Taxable $275,000 $291,367 $566,367 2019A General Obligation - Parks $750,000 $166,464 $916,464 2019B Combination Tax & Surplus Airport CO's $120,000 $98,304 $218,304 2020A General Obligation $2,015,000 $4,016,673 $6,031,673 2020C General Obligation Refunding Bonds, Taxable $1,000,000 $1,448,739 $2,448,739 Total required for FY 2021 debt service $37,800,000 $19,423,852 $57,223,855 Less: Transfers for self- supporting debt ($10,446,427) ($10,446,427) Less: Amount to be paid from unencumbered fund balance ($2,874,771) Total to be paid from taxes in FY 2021 $43,902,657 n addition to the ad valorem tax levy for debt service totaling $43,902,657 the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. All taxes for the tax year 2020 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2021, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of the Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5. 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 Page 3 of 4 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, 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 2020, 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 , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 4of4 Public Hearing and First Reading of the FY 2021 Tax Rate Ordinance City Council Presentation September 8, 2020 FY 2021 Tax Rate Proposed Tax Rate $O.646264iivaivation This tax rate is the same tax rate adopted for FY 2020 but will produce more revenue due to increased appraised values No New Revenue Rate (formally the effective tax rate) Rate that effectively produces the same revenue as last year $0.63 2600/$100 valuation Voter Approval Rate (formally the roll back rate) Rate that is 3.5% higher than the No New Revenue Rate and requires voter approval if proposed tax rate is above this rate $0.654743/$100 valuation Property Tax Dollar THIS NOTE IS LEGAL TENDER FOR ALL DEBTS, PUBLIC AND PRIVATE G. 3 C 81230251 3 r EersnreraWi lfea'Suetrs. $86,481,897 or 66.05% Maintenance and Operations (M&O) C Residential Streets The equivalent of $.04, or $8.1M, will be allocated from M&O $44,467,848 or 33.95% Interest and Sinking (I&S) Debt Service for existing debt Next Steps September 15, 2020 Second Reading and Adoption of the FY 2021 Property Tax Rate Questions? AGENDA MEMORANDUM Ordinance for the City Council Meeting of September 8, 2020 Second Reading for the City Council Meeting of September 15, 2020 DATE: August 25, 2020 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Ordinance to ratify increase of $755,027 in property tax revenues CAPTION: Ordinance ratifying the property tax increase reflected in the FY 2020-2021 Operating Budget that will require raising more revenue from property taxes than in the FY 2019-2020 Operating Budget in amount of $755,027. SUMMARY: This item is to adopt the budget with the increase of $755,027 in property tax revenues for the upcoming fiscal year as per charter requirement. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. The City of Corpus Christi is proposing a budget with an increase of $755,027 in property tax revenue from last year's operating budget. The $755,027 breakdown is General Fund $451,903, Debt Service Fund $256,392, Residential Street Reconstruction Fund $46,732, or .58%, and of that amount an estimated $608,685 is tax revenue to be raised from new property added to the tax roll this year. Section 102.007(c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget. A vote under 102.007(c) is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Therefore, a separate vote from City Council is required after each vote to adopt the budget. ALTERNATIVES: Approval of the budget is required by the City Charter. FISCAL IMPACT: Total proposed revenues are $917,551,740 which includes an increase of $755,027 in property tax revenues over the prior year. RECOMMENDATION: To adopt budget with the increase of $755,027 in property tax revenues for the upcoming fiscal year as per charter requirement. LIST OF SUPPORTING DOCUMENTS: FY 2020-2021 Ordinance to ratify Ordinance ratifying the property tax increase reflected in the FY 2020- 2021 Operating Budget that will require raising more revenue from property taxes than in the FY 2019-2020 Operating Budget in amount of $755,027. Whereas, the City Council has, on the same date as and prior to its consideration and adoption of this Ordinance, adopted by separate Ordinance the budget of the City of Corpus Christi for the FY 2020 — 2021; and Whereas, the FY 2020 -2021 budget will require raising more revenue from property taxes than in the budget of the City of Corpus Christi for FY 2019- 2020; and Whereas, Section 102.007 (c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget; and that a vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate; and Whereas, in order to comply with that provision, it is necessary for the City Council to adopt this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. In accordance with the requirements of Section 102.007 (c), Texas Local Government Code, the property tax increase reflected in the FY 2020-2021 Operating Budget that will require raising more revenue from property taxes than in the FY 2019- 2020 Operating Budget in the amount of $755,027 is hereby ratified. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, 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 2020, 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 2020. ATTEST: City Secretary Mayor Rebecca Huerta Joe McComb AGENDA MEMORANDUM Action Item for City Council Meeting September 15, 2020 DATE: August 13, 2020 TO: Peter Zanoni, City Manager FROM: Tracey K. Cantu, Interim Director of Parks and Recreation TraceyC@cctexas.com (361) 826-3042 Approval of Fiscal Year 20-21 Parks & Recreation Fee Schedule CAPTION: Resolution approving the Parks and Recreation Department Rental and Recreational Use Fees and Charges for Fiscal Year 2020-21. SUMMARY: Per Ordinance, the Parks and Recreation Department Director must submit the schedule of rental and recreational use fees and charges for fiscal year 2020-21 for review and approval by the City Council annually. BACKGROUND AND FINDINGS: Per City Ordinance, the Parks and Recreation Department Director is required to submit the schedule of rental and recreational use fees and charges annually. The schedule of rental and recreational use fees and charges for Fiscal Year 2020-21 was proposed, in budget, to Council. The FY20-21 Parks and Recreation Fee Schedule, attachment A, does not include changes in rental or recreational use fees and charges from FY19-20. Examples of these fees and charges include athletic facility rentals, swimming pool reservation agreement fees, swimming lessons, community center rentals, After Hour Kid Power program, CCISD fees, cultural services room rentals, festival fees, etc. ALTERNATIVES: Do not approve the FY 20-21 Fee Schedule as is. FISCAL IMPACT: The fiscal impact for FY 21 is an estimated amount of $3.3 million dollars annually to be appropriated to the General and Visitor's Facility Funds. Funding Detail: Fund: 1020 -General Fund; 4710 -Visitor's Facility Fund Organization/Activity: Various Mission Element: 888 Revenue Project # (CIP Only): n/a Account: Various RECOMMENDATION: The staff recommends approval of the FY 20-21 Parks and Recreation Fee Schedule LIST OF SUPPORTING DOCUMENTS: Resolution Attachment A — FY 20-21 Parks and Recreation Fee Schedule Resolution approving Parks and Recreation Department rental and recreational use fees and charges for fiscal year 2020-21. Whereas, Section 36-3 and 36-7 of the Code of Ordinances requires rental and recreational use fees and charges for the Parks & Recreation Department be submitted annually to the City Council for review and approval. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council approves rental and recreational use fees and charges for parks and recreation department as shown in Exhibit A attached, for Fiscal Year 2020- 21. Section 2. This resolution is effective October 1, 2020. Section 3. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. PASSED AND APPROVED on the day of , 2020: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: Rebecca Huerta City Secretary CITY OF CORPUS CHRISTI Joe McComb Mayor Attachment A Parks and Recreation Department FY 21 FEE SCHEDULE DESCRIPTION Fee Unit Section 1. ATHLETICS A. Athletic Leagues: Mini Sports Leagues (Ages 3-5) Mini Dribblers, Mini Soccer, Blastball $ 50.00 per child Youth Sports Leagues (Ages 6-17) Basketball, Indoor Soccer $ 80.00 per child Early Bird Registration $ 65.00 per child Scholarship Fee $ 40.00 per child High School Sports Leagues (Ages 14-18) Volleyball $ 250.00 per team Basketball, Indoor Soccer $ 350.00 per team Baseball $ 550.00 per team Adult Sports Leagues (Ages 18+) Individual Sport Play $ 5.00 per person Team Leagues $ 550.00 per team (Slowpitch Softball, Basketball, Flag Football, Indoor Soccer) Volleyball $ 150.00 per team Late Fees Late Fee Individual Registration $ 25.00 per individual Late Fee Team Registration $ 50.00 per team B. Tournament Events Single/Double Elimination Youth Sports $ 125.00 per team Adult Sports $ 150.00 per team Round Robin (Three Game Gurantee) Youth Sports $ 150.00 per team Adult Sports $ 200.00 per team C. Athletic Facility Rentals Athletics Gymnasiums 1 DESCRIPTION Fee Unit Rental fee per gym $ 45.00 per hour Security Deposit per gym $ 50.00 per gym/ per day Athletics Outdoor Sports' Fields Rental fee per field $ 45.00 per hour Tournament Rental fee per field $ 250.00 Full Day (12hrs) Lights $ 20.00 per hour Security Deposit per field $ 50.00 per field, per day D. Youth Sports Camps (Instructor/City portions) Youth Sports Camps $ 70.00 per child Youth Sport & Splash Camp $ 100.00 per child Late Registration Fee $ 25.00 per child Section 2. AQUATICS A. Rentals Deposit (refundable cleanup deposit) $ 300.00 Additional Hour $ 75.00 Splash Parties - 2 hours 1 - 50 (number of persons) $ 350.00 additional 1 - 50 people $ 60.00 during General Swim (up to 25 people) $ 175.00 Swimming Pool Reservation Agreement Fees (swim teams/instruction) Lane rental 25 yard/meters per lane per hour $ 7.00 50 meters per lane per pool $ 15.00 Special Usage Fee Entire Pool Per Hour $ 100.00 Training Room $ 50.00 Facility set up $ 100.00 per event Lifeguards $ 25.00 per staff Timing System One day $ 450.00 per rental Two Days $ 650.00 per rental Three Days $ 850.00 per rental B. Instruction Group Swim Lessons $ 50.00 per session per child 2 DESCRIPTION Fee Unit Private Swim Lessons $ 100.00 per session per child Scholarship fee $ 50.00 per session per child CPR/First Aid/AED Certification Class $ 65.00 per person Lifeguard or Instructor Certification Class $ 200.00 per person Re -Certification Courses $ 50.00 per person Section 3. Community Centers A. Rentals Deposit for all Facilities $ 150.00 Per Rental - Refundable Additional Hour Rate for all Facilities $ 75.00 Per Hour Non -Profit Organizaitons $ 75.00 Per Hour Emergency Services $ 150.00 2 hours Small Rental $ 325.00 4 hour Garden Senior Center Meeting Room Lindale Senior Center Meeting Room Oak Park Recreation Center Medium Rental $ 375.00 4 hour Broadmoor Social Hall Ethel Eyerly Medium Social Hall Garden Social Hall Joe Garza Recreation Social Hall Lindale Recreation Center Northwest Social Hall Large Rental $ 425.00 4 hour Ethel Eyerly Large Social Hall Greenwood SC Social Hall Lindale Senior Center Social Hall Oso Recreation Center Oveal Williams SC Social Hall B. Leagues Micro Soccer $ 65.00 per child Micro Soccer with Late fee $ 85.00 per child C. Special Events Spring Break Camps $ 30.00 per child D. Class Instruction: Specialist/City - 65/35% split 3 DESCRIPTION Fee Unit E. SPARK Program Summer Recreation Program $ 25.00 per child/week Scholarship $ 10.00 per child/week Late pick up (per 15 minutes) $ 5.00 per family Daily drop-in (when available) $ 10.00 per child Section 4. LATCHKEY Flour Bluff ISD & Calallan ISD A. School Year (from end of school day to 6:00 p.m.) Monthly fee, 1st child $ 99.00 monthly per child Monthly fee, each additional child $ 84.00 monthly per child Prorated months - 1st child $ 87.00 monthly per child Prorated months - additional child $ 77.00 monthly per child Registration involving 10 school days or less $ 50.00 per child Scholarship fee $ 60.00 monthly per child Daily drop in fee $ 15.00 per child Late child pick-up $ 10.00 per 15 minutes per family Late payment fee $ 20.00 per family after the 1st $ 5.00 per day after the 2nd B. Summer Latchkey Program Weekly fee $ 89.00 weekly per child Scholarship $ 60.00 weekly per child Late payment fee (after 1st business day of week) $ 20.00 per family Daily drop in fee $ 20.00 daily per child Vacation Station $ 20.00 daily per child Vacation Station Scholarship $ 15.00 daily per child Corpus Christi ISD C. School Year (from end of school day to 6:00 p.m.) Monthly fee, 1st child $ 109.00 monthly per child Monthly fee, each additional child $ 94.00 monthly per child Prorated months - 1st child $ 97.00 monthly per child Prorated months - additional child $ 87.00 monthly per child Registration involving 10 school days or less $ 60.00 per child Scholarship fee $ 70.00 monthly per child Daily drop in fee $ 25.00 per child Late child pick-up $ 10.00 per 15 minutes per family Late payment fee $ 20.00 per family $ 5.00 per day after the 2nd D. Summer Latchkey Program Weekly fee $ 99.00 weekly per child 4 DESCRIPTION Fee Unit Scholarship $ 70.00 weekly per child Late payment fee (after 1st business day of week) $ 20.00 per family Daily drop in fee $ 30.00 daily per child Vacation Station $ 30.00 daily per child Vacation Station Scholarship $ 25.00 daily per child Section 5. OSO BAY WETLANDS PRESERVE A. Youth Programs Youth Camps (5 Day Summer, 4 Day Winter) $ 99.00 per person School Field Trips (1 - 25 people) $ 75.00 per group of 25 Homeschool Days $ 5.00 per person Growing up Wild $ 7.00 per person Scout Programs $ 10.00 per person Birthday Parties $ 190.00 per group B. Adult Programs Yoga classes $ 10.00 per person/per class 5k Race (Early Bird) $ 20.00 per person 5k Race (Regular Registration) $ 25.00 per person 1-mile Race $ 12.00 per person Wetlands Workshops $ 8.00 per person Section 6. PARK AND FACILITY RENTALS A. Amphitheater, Pavilions, and Watergarden Amphitheater - For profit rate $ 425.00 4 hours Amphitheater - Non-profit rate $ 270.00 4 hours Watergarden $ 220.00 4 hours Parker Pavilion $ 105.00 per rental Salinas Pavilion Rental $ 120.00 per 4 hours West Guth Pavilion $ 160.00 per rental Additional hours (Amphitheater, Watergarden) $ 55.00 per hour Bayfront Park ($1,000 deposit) $ 2,500.00 4 hours Each additional hour $ 250.00 per hour B. Cultural Services Room Rentals Galvan House - First Floor $ 425.00 4 hours Additional Hours for Rental $ 105.00 per hour Full package: (First floor, Courtyard, Rose Garden Plaza & Kitchen) $ 1,500.00 /8 hrs Partial package: (Courtyard, Rose Garden & Kitchen) $ 975.00 /5 hrs Partial package: 5 DESCRIPTION Fee Unit (Courtyard, First Floor & Kitchen) $ 1,100.00 /5 hrs Partial package: (First Floor, Rose Garden & Kitchen) $ 850.00 /5 hrs Non-refundable reservation deposit $ 200.00 per event Run/walk - Heritage Park (Plaza Only) $ 265.00 /4 hrs Each additional hour $ 50.00 per hour C. The Water's Edge McCaughan Park $ 200.00 5 hours Additional hour $ 40.00 per hour McCaughan Park - Parking Lot $ 95.00 5 hours Additional hour $ 20.00 per hour The Great Lawn $ 650.00 5 hours Additional hour $ 130.00 per hour The Great Lawn Parking Lot $ 250.00 5 hours Additional hour $ 50.00 per hour Sherrill Park $ 200.00 5 hours Additional hour $ 40.00 per hour Old Shoreline Road Bed $ 650.00 5 hours Additional hour $ 130.00 per hour McGee Beach $ 250.00 5 hours Additional hour $ 50.00 per hour Entire Park $ 2,000.00 5 hours Additional hour $ 400.00 per hour Old City Hall Park $ 200.00 5 hours Additional hour $ 40.00 per hour **Non-profit rate billed at 20 % discount D. Festival Fees Heritage Park $ 3,000.00 per day Heritage Park [non-profit festivals] $ 1,500.00 per day E. Cooking Demonstrations $ 10.00 per person G. Caterers Food or Alcohol Caterer $ 100.00 yearly Food and Alcohol Caterer (Combined) $ 150.00 yearly Section 7. SPECIAL SERVICES A. Permits and Miscellaneous Special Event Application Fee (non-refundable) $ 50.00 per permit 6 DESCRIPTION Fee Unit Small Special Event Permit (0-500 attendees) $ 100.00 per permit Small Special Event clean-up deposit $ 1,000.00 per event Medium Special Event Permit (500-1000 attendees) $ 200.00 per permit Medium Special Event clean-up deposit $ 2,000.00 per event Large Special Event Permit (greater than 1,000 attendees) $ 400.00 per permit Large Special Event clean-up deposit $ 4,000.00 per event Beach / Park wedding $ 100.00 per event B. Vendor Permits Skatepark $ 350.00 per month Gulf Beach Vendor (Fixed) $ 225.00 per month CC Beach and McGee Beach (Fixed) $ 150.00 per month CC Beach and McGee Beach (Mobile) $ 50.00 per month Inflatable games vendor $ 220.00 Permit Water's Edge Food & Beverage $ 100.00 monthly Booking per pedestol (Monday - Thursday) $ 15.00 per booking 10:30am - 3:30pm; or 4:OOpm - 9:OOpm Booking per pedestol (Friday - Sunday) $ 40.00 per booking 11:OOam - 9:OOpm Water's Edge Rentals $ 200.00 monthly Mar-Oct $ 75.00 monthly Nov-Feb C. Labonte Park 3-day camping permit for designated holidays: $ 28.00 3-day permit Easter, Memorial Day, 4th of July, Labor Day $ 55.00 3-day permit (RV) Only 2 consecutive permits or 6 days / month D. Daily vehicle entry fee $ 3.00 per vehicle / day Entry to community parks for Holiday weekends $ 6.00 per vehicle / weekend or special events Section 8. TENNIS A. Annual and Semi-Annual Fees Adult Annual $ 160.00 per/year Adult Semi-Annual $ 110.00 per/6months Youth Annual $ 75.00 per/year Youth Semi-Annual $ 60.00 per/6months Family Annual $ 300.00 per/year Family Semi-Annual $ 160.00 per/6months Non-Resident (3 Month Pass) $ 60.00 per/3months $ 100.00 per event B. Court Fees 7 DESCRIPTION Fee Unit Outdoor Open Play (per/player) $ 3.00 per/1.5hrs Private Lesson (court fee) $ 1.50 per/hrs Semi-Private/ Group Lesson (court fee) $ 1.50 per/hrs Covered Pavilions (HER) Adult Open Play (per/player) $ 7.00 per/1.5hrs Private Lesson $ 4.50 per/hrs Semi-Private/ Group Lesson (court fee) $ 2.25 per/hrs C. Lesson Fees Director of Tennis PrivateTennis Lessons $ 60.00 (per/hr) PrivateTennis Lessons $ 45.00 (per/45min) PrivateTennis Lessons $ 30.00 (per/30min) Semi-Private Lesson (per/player) (2 player) $ 30.00 (per/hr) Group Lesson (per/player) (3 player) $ 20.00 (per/hr) Group Lesson (per/player) (4+ player) $ 15.00 (per/hr) Head Pro PrivateTennis Lessons $ 50.00 (per/hr) PrivateTennis Lessons $ 25.00 (per/30min) Semi-Private Lesson (per/player) (2 player) $ 25.00 (per/hr) Group Lesson (per/player) (3 player) $ 18.00 (per/hr) Group Lesson (per/player) (4 player) $ 16.00 (per/hr) Group Lesson (per/player) (5+ player) $ 12.00 (per/hr) Assistant Pro PrivateTennis Lessons $ 45.00 (per/hr) PrivateTennis Lessons $ 22.50 (per/30min) Semi-Private Lesson (per/player) (2 player) $ 22.50 (per/hr) Group Lesson (per/player) (3 player) $ 15.00 (per/hr) Group Lesson (per/player) (4 player) $ 12.00 (per/hr) Group Lesson (per/player) (5+ player) $ 10.00 (per/hr) D. League Fees USTA Sanctioned Leagues Adult 18 & Over Leagues (2 singles & 3 doubles) $ 57.00 per/league match Adult 40 & Over Leagues (2 singles & 3 doubles) $ 57.00 per/league match Adult 55 & Over Leagues (3 doubles) $ 43.00 per/league match Mixed 18 & Over Leagues (3 doubles) $ 43.00 per/league match Mixed 40 & Over Leagues (3 doubles) $ 43.00 per/league match 8 DESCRIPTION Fee Unit In -House Leagues Adults 40 & Over (without permit) $ 65.00 per/league match Adults 40 & Over (with permit) $ 35.00 per/league match E. Facility Rental Fees HEB Tennis Center 22max courts (Full day more than 6hrs) $ 600.00 per/rental 22max courts (Half day less than 6hrs) $ 300.00 per/rental 11max courts (Full day more than 6hrs) $ 300.00 per/rental 11max courts (Half day less than 6hrs) $ 150.00 per/rental Al Kruse Tennis Center 10max courts (Full day more than 6hrs) $ 300.00 per/rental 10max courts (Half day less than 6hrs) $ 150.00 per/rental E. Programs, Camps, Workouts HEB Tennis Center High Performance Program - 8 Lessons - juniors $ 132.00 per/session High Performance Program - 12 Lessons - juniors $ 198.00 per/session Drop in Fee - High Performance Program - juniors $ 18.50 each Prep High Performance Program - juniors $ 84.00 per/session Drop in Fee - Prep High Performance Program - juniors $ 11.50 each 10 and under Junior Program $ 54.00 per month Drop in Fee - 10 and under Junior Program $ 8.00 each Mini Munchkins Program - juniors 5-6 $ 5.00 each Adult beginner Program - 18+ $ 11.00 each Cardio Tennis - all ages $ 13.00 each Team Workout - adult $ 13.00 each Hot shots program - 12 and under $ 60.00 per/session URT playday - juniors $ 15.00 each Spring Break Camp - juniors $ 75.00 per/session Drop in Fee - Spring Break Camp - juniors $ 19.00 each Back to School Morning Camp 8-18 $ 100.00 per/session Drop in Fee - Back to School Morning Camp 8-18 $ 30.00 each Al Kruse Tennis Center Adult Social Night - 18+ $ 13.00 each Junior Social - 18 and under $ 13.00 each Men's In House League - without permit - 40+ $ 65.00 per/session Men's In House League - with permit - 40+ $ 35.00 per/session Women' In House League - without permit - 40+ $ 65.00 per/session Women' In House League - with permit - 40+ $ 35.00 per/session Summer Camp Peewee's 4-6 Years Old $ 25.00 per/week 9 DESCRIPTION Fee Unit Summer Camp Chipmunk 7-10 Years Old $ 25.00 per/week Summer Camp Academy Prep 10 and up $ 50.00 per/week Summer Camp Advance Academy 10 and up $ 50.00 per/week Section 9. PILOT PROGRAMS The Parks and Recreation Department is authorized to implement pilot programs based on community requests and trends. Cost recovery will not exceed 40% for youth programs (excluding Latchkey). Section 10. SCHOLARSHIP FEES Scholarships as shown are provided to youth based on financial need for program activities. Eligibility criteria is the same as used by school districts for the free/reduced-cost lunch program. Section 11. REFUND POLICY Refunds for all Parks and Recreation fees will be processed for a period up to thirty (30) days from the date of payment. This schedule of fees and charges has been submitted to the Corpus Christi City Council for review and approval and is effective October 1, 2020. APPROVED: Peter Zanoni, City Manager Date 10 AGENDA MEMORANDUM Action Item for the City Council Meeting September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director for Parks and Recreation TraceyC@cctexas.com (361) 826-3042 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Purchase of Brush Chipper for Parks and Recreation CAPTION: Motion authorizing the purchase of a replacement 15" brush chipper from Vermeer Texas - Louisiana, Corpus Christi, TX, to be utilized to chip/mulch brush collected during maintenance of City parks by the Parks and Recreation Department and serve as replacement equipment for a total amount of $67,440.00, with FY 2020 funding available through the General Fund. SUMMARY: This motion will allow the City to purchase a 15" brush chipper for the Parks and Recreation Department through the Sourcewell Cooperative. This item is a replacement for older equipment. The equipment will be used to chip/mulch brush collected during maintenance of City parks. BACKGROUND AND FINDINGS: The Parks and Recreation Department currently has an operational requirement for the purchase of one Vermeer BC1500 15" brush chipper. Parks and Recreation currently does not have a brush chipper as previous brush chippers were deemed irreparable past their service life by Fleet Maintenance. It will be used to chip/mulch brush collected during maintenance of City parks. The mulch is then used around trees and other landscape areas at the City's parks. This new unit will replace a unit that was has been sold at auction and was 29 years old, past its expected service life of 7 years. This procurement is through the Sourcewell Cooperative. Contracts awarded through the Sourcewell Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. The total amount of $67,440.00 includes a "Freight & Prep" fee for the equipment. 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. FISCAL IMPACT: The fiscal impact in FY 2020 is a total amount of $67,440.00 for the purchase of the brush chipper with funding available from the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12910 Park Operations Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery RECOMMENDATION: Staff recommends approval of this purchase with Vermeer Texas -Louisiana for the purchase of a brush chipper as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Contracts and Procurement Senior Buyer: Cindy Ramos Price Sheet Purchase of Brush Chipper Sourcewell 062117-VRM Vermeer Texas -Louisiana Item Equipment Description Qty UOM Unit Price Total 1 Brush Chipper 1 EA $66,090.00 $ 66,090.00 2 Freight & Prep 1 EA $1,350.00 $ 1,350.00 GRAND TOTAL $ 67,440.00 CORPUS CHRISTI PARKS& RECREATION 15" Brush Chipper Motion authorizing the purchase of a 15" brush chipper from Vermeer Texas - Louisiana, for a total amount of $67,440.00 to be utilized to chip/mulch brush collected during maintenance of City parks by the Parks and Recreation Department as replacement equipment, with FY 2020 funding available through the General Fund. Council Presentation September 15, 2020 Vermeer Brush Chipper CORPUS CHRISTI PA RK SS RECREATION rVermeer Texas-Loui AGENDA MEMORANDUM Action Item for the City Council Meeting September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of Asset Management JimD©cctexas.com (361) 857-1909 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Vehicle Lifts for Fleet Maintenance Department CAPTION: Motion authorizing a one-year service agreement with All -Tex Capital Equipment Leasing Corporation, dba Northstar Equipment Solutions, in an amount not to exceed $82,142.00 for the purchase and Installation of six replacement vehicle lifts for the Asset Management Department, with funding requested in the FY 2021 Proposed Budget. SUMMARY: This motion authorizes a one-year service agreement for the purchase and installation of six replacement vehicle lifts. These vehicle lifts allow mechanics to safely work under vehicles and allow access to vehicle systems that, without lifts, mechanics would not have. BACKGROUND AND FINDINGS: The purchase and installation of these six vehicle lifts will modernize Fleet's capability in this area by replacing outdated equipment. This modernization will, in turn, allow City mechanics to be more productive, have better access to vehicle systems, and consequently speed repair of vitally needed vehicles for the City's fleet. The lifts are used six days per week, and, over time, they will wear out. The lifts currently in place have are in excess of twenty years' service. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for the replacement lifts. The City has received three bids however, two were deemed nonresponsive and staff is recommending the award to the lowest responsive, responsible bidder All -Tex Capital Equipment Leasing Corporation, dba Northstar Equipment Solutions. ALTERNATIVES: The alternative is to continue utilizing the aging, existing lifts, and in cases where these lifts are inoperable, utilize an assortment of jacks to elevate the vehicles for needed repairs. FISCAL IMPACT: There is no fiscal impact in FY 2020. The entire cost of $82,142.00 will be funded in the FY 2021 operating budget. FUNDING DETAIL: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends the approval of this agreement with All -Tex Capital Equipment Leasing Corporation, dba Northstar Equipment Solutions for Vehicle Lifts for Fleet Maintenance Department as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi Contracts and Procurement Department Buyer : Marco Lozano Bid Tabulation RFB # 3093 Asset Management * Failure to submit proper documentation ** Incorrect product submitted for bid All -Tex Capital Equipment Leasing Corporation, dba Northstar Equipment Solutions - Grapevine, Tx. * South Texas Shop Equipment- Corpus Christi, Tx ** Mohawk Lifts- Amsterdam, NY ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 SP -W515 Whip Lift 15k capacity 174" tall ** Drive thru clearance of 113.25" — 114" Ea. 4 $ 11,662.00 $ 46,648.00 $ - $ - 2 SP-WS20-24 Whip Lift 20k capacity 198" tall. ** Drive thru clearance MUST be 118" Ea. 2 $ 17,747.00 $ 35,494.00 $ - $ - $ 82,142.00 $ - $ - * Failure to submit proper documentation ** Incorrect product submitted for bid DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 /.mus C 60 4CORPO R PAO' 1852, SERVICE AGREEMENT NO. 3093 Vehicle Lifts for Fleet Maintenance THIS Vehicle Lifts for Fleet Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and All -Tex Capital Equipment Leasing Corporation, dba Northstar Equipment Solutions ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Vehicle Lifts for Fleet Maintenance in response to Request for Bid/Proposal No. 3093 ("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 Vehicle Lifts for Fleet Maintenance ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for one year, 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 -year 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 $82,142.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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 1 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Francisco Olvera Jr. Department: General Services - Fleet Management Phone: 361-826-1917 Email: FranciscoO©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 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 3 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: Solutions IF TO CITY: City of Corpus Christi Attn: Francisco Olvera Jr. Title: Vehicle & Equipment Admin Inspector Address: 5353 Ayers, Bldg 3-B, Coprus Christi, Texas 78415 Phone: 361-826-1917 Fax: FranciscoO@cctexas.com IF TO CONTRACTOR: All -Tex Capital Equipment Leasing Corporation, dba Northstar Equipment Attn: Eric Dickinson Title: Owner Address: 113 E. Hudgins St. Phone: 817-424-1925 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 Fax: 817-424-1629 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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. 23. 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). 24. 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. 25. 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. CONTRACTOR Signature: DocuSigned/� by: 'Eric P J &,Sbin, 764A0AF873B841C..• Eric Dickinson Printed Name: Title: Date: OWNER 8/21/2020 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. 3093 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 ATTACHMENT A: SCOPE OF WORK 1. General Requirements The Contractor shall provide specified vehicle lifts for the Corpus Christi Asset Management Department as specified in the scope of work. 2. Scope of Work: A. Contractor shall provide, deliver, and install qty. of 4 - SP-WS15 Whip Lift and qty of 2 - SPWS20-24 Whip Lift 1. Lift requirements for WS15: a. 15,000 pound lift capacity b. Overall height of 174.0" and width of 153.75" c. Rise height of 73.75" d. Floor to shut off height of 167.0" e. Drive thru clearance of 113.25" f. Symmetric Arm Configuration g. h. Front arm reach 62.0"" Rear arm reach 62.0" i. Lifting pad height of 4.75" j. Width inside columns of 126.0" k. First lock height of 16.5" I. Locking increments of 4.0" m. Speed of rise - 80 seconds n. Motor -3 HP o. Voltage - 208/230 Single Phase p. Amps - 30 q. Ceiling height requirement - 176.0" r. Floor installation requirement - Concrete, 3,000 PSI, 5" thick, steel reinforced. DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 2. Lift requirements for WS20: a. 20,000 pound lift capacity b. Overall height of 198.75" and width of 159.37" c. Rise height of 73.75" d. Floor to shut off height of 191.75" e. Drive thru clearance of 118.0" **(very important customization) f. Symmetric Arm Configuration g. Front arm reach 63.62"" h. Rear arm reach 63.62" i. Lifting pad height of 5.25" j. Width inside columns of 126.12" k. First lock height of 19.75" I. Locking increments of 4.0" m. Speed of rise - 90 seconds n. Motor - 3 HP o. Voltage - 208/230 Single Phase p. Amps - 30 q. Ceiling height requirement - 204.0" r. Floor installation requirement - Concrete, 3,000 PSI, 5" thick, steel reinforced. B. Service requirements: 1. The Contractor shall install/erect these vehicle lifts to a point where they are turnkey ready. Fleet will take care of the last hook up to the electrical portion of this installation. 2. The Contractor shall coordinate with Fleet Maintenance when the installation will be performed. 3. The Contractor shall return once the power source to the lifts are available. The Contractor will certify the installation and, ensure that everything is working properly. 4. The Contractor shall include a 5 year manufacture warranty. 5. The Contractor shall also have a 1 year workmanship warranty. DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 C. Delivery 1. The Contractor shall deliver these vehicle lifts. 2. Delivery date will be determined by Corpus Christi Asset Management department. 3. Lifts will be delivered to 5352 Ayers BLDG 3B Corpus Christi Tx. 78415 4.3 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.4 Special Instructions Preventative Maintenance Tracking - In order to properly install, operate, and maintain all new equipment for maximum reliability, minimum lifecycle costs, and maximum life; the City requires equipment vendors to provide the following sets of information for input into the City's Preventative Maintenance system (Maximo): 1. Name plate data for each equipment package or package component as applicable. 2. Installation instructions, diagrams, and specifications including tolerances for items such as alignment, balancing, and running vibration. 3. Operation start, run, and stop instructions; operating ranges, operator monitoring parameters, and operator inspection instruction and schedule. 4. Planned Maintenance schedule, including time -based preventive, meter - based preventative, and predictive monitoring tasks. Job plans, logout-tagout instructions, and required parts lists should be included for all planned maintenance tasks. 5. Parts lists with quantities for all planned maintenance. Recommended spare parts list and quantity for breakdown maintenance. The City will provide formats and forms to submit the above information. DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 Date: 8/21/2020 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM RFB No. 3093 RFB: Vehicle Lifts for Fleet Maintenance All -Tex Capital Equipment Leasing Corporation, dba Northstar Equipment Solutions Authorized Bidder: Signature: DocuSigned/� by: l 7o4Aonro73Do41C... PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1 SP-WS15 Whip Lift 15k capacity 174" tall ** Drive thru clearance of 113.25" - 114" Ea 4 $ 11,662.00 $ 46,648.00 2 SP-WS20-24 Whip Lift 20k capacity 198" tall. ** Drive thru clearance MUST be 118" Ea 2 $ 17,747.00 $ 35,494.00 Total $ 82,142.00 DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 Attachment C: Insurance and Bond 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: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A - VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 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. BOND REQUIREMENTS: No Bonds are required, therefore, Service Agreement 3093, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 02/07/2020 Risk Management - Legal Dept. DocuSign Envelope ID: 612FE475-FA0E-439E-8E78-AD4B7D2064E8 ATTACHMENT D: WARRANTY REQUIREMENTS All Whip Industries (Whip) automotive lifts are guaranteed to the original owner for five (5) years from date of invoice. Excluded from the five (5) year period are cylinders, power units and all hydraulic or pneumatic components, which will be covered for a period of two (2) years. Accessories such as radius turn plates, rolling bridge jacks, and rolling oil pans will be covered for a period of one (1) year only. The Contractor shall have a workmanship warranty of one year. Page 1 of 1 Purchase of Six Vehicle Lifts Asset Management - Fleet Maintenance Council Presentation 9/15/2020 Vehicle Lifts AGENDA MEMORANDUM Action Item for the City Council Meeting of September 15, 2020 DATE: TO: September 15, 2020 Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Kim Baker, Director of Contracts and Procurement Kim B2(c�cctexas.com (361) 826-3169 CNG Preventative Maintenance and Service for City's CNG Pumping Station CAPTION: Motion authorizing a five-year service agreement with ZeitEnergy, LLC in an amount not to exceed $90,125.00 for Compressed Natural Gas (CNG) Pumping Station Preventative Maintenance & Service for Gas Department, with FY 2020 funding in the amount of $1,502.08 available through the Gas Fund. SUMMARY: This motion authorizes a five-year service agreement for CNG Fuel Pumping Station Preventative Maintenance and Service with ZeitEnergy LLC from Irving, Texas. The City of Corpus Christi operates a public CNG station with two fast -fill island fueling stations that serve the demands of City fleet, commercial fleet, and private fleet customers. This service has not previously been under contract. The department would like to establish a long-term service agreement to reduce the inefficiency of obtaining quotes and to realize economy of scale pricing. BACKGROUND AND FINDINGS: The Gas Department operates the Ayers CNG Fuel Station, which has two fueling dispensers with the capacity to fuel four vehicles at a time, two Angi 300 compressors and a standalone generator. The Station also feeds the Solid Waste Time Fill, which contains nine 4 -hose fueling posts and four dual -hose fueling posts capable of fueling 44 vehicles after hours. The City operates over 200 compressed natural gas vehicles, which includes 60 dedicated CNG utility dump trucks and solid waste refuse/brush trucks. The station also services private customers and commercial fleet customers, such as Republic Waste Management, AT&T, Central Freight Lines, Building Product Transport. The Contracts and Procurement Department conducted a competitive Request for Bid process. The City received three bids and is recommending award to the lowest, responsive, responsible bidder, ZeitEnergy LLC. ALTERNATIVES: An alternative is to not enter into a service agreement allowing the possibility of longer down time during equipment break down, resulting in reduced revenue and service to City customers. FISCAL IMPACT: The fiscal impact in FY 2020 is $1,502.08 for CNG Fuel Station preventative maintenance and service funded through the Gas Fund. The remaining cost of $88,622.92 will be funded through the annual budget process. FUNDING DETAIL: Fund: 4130 Gas Organization/Activity: 34105 Compressed Natural Gas Mission Element: 021 Gas Supplies Project # (CIP Only): N/A Account: 520130 Maintenance and Repairs RECOMMENDATION: Staff recommends the approval of this agreement with ZeitEnergy LLC for CNG Pumping Station Preventative Maintenance and Service as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Contracts and Procurement Department Buyer : Marco Lozano FIRST AND SECOND YEAR Bid Tabulation RFB # 3105 Zeit Energy LLC - Irving, Texas Cleaan Energy - DBA Califoria Clean Energy, Inc - Irving Texas Trillium Transportation Fuels, LLC - DBA Trillium - Houston, Texas ITEM Description Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 2 3 4 4 Preventative Maintenance Service - Quarterly Includes: 1 -day (8 hours) site visit each quarter Technician Labor - Service Calls Regular Hours: M -F 8:00AM - 5:O0PM Technician Labor - Emergency Service Calls Outside Regular Hours, including weekends and holidays 24/7/365 Phone Technical Support with Senior Service Technician Parts/Materials - For PM & Service Calls SUBTOTAL 8 EA $ 1,200.00 $ 9,600.00 $ 760.00 $ 6,080.00 $ 1,438.00 $ 11,504.00 120 HR $ 90.00 $ 10,800.00 $ 95.00 $ 11,400.00 $ 95.00 $ 11,400.00 80 HR $ 90.00 $ 7,200.00 $ 160.00 $ 12,800.00 $ 142.50 $ 11,400.00 30 HR $ 90.00 $ 2,700.00 $5,000.00 EA 15% $ 5,750.00 30% $ 6,500.00 10% $ 5,500.00 1 2 3 4 Third YEAR Preventative Maintenance Service - Quarterly Includes: 1 -day (8 hours) site visit each quarter Technician Labor - Service Calls Regular Hours: M -F 8:OOAM - 5:OOPM Technician Labor - Emergency Service Calls Outside Regular Hours, including weekends and holidays 24/7/365 Phone Technical Support with Senior Service Technician $ 36,050.00 $ 36,780.00 $ 39,804.00 4 EA $ 1,200.00 $ 4,800.00 $ 800.00 $ 3,200.00 $ 1,438.00 $ 5,752.00 60 HR $ 90.00 $ 5,400.00 $ 100.00 $ 6,000.00 $ 95.00 $ 5,700.00 40 HR $ 90.00 $ 3,600.00 $ 160.00 $ 6,400.00 $ 142.50 $ 5,700.00 15 HR $ 90.00 $ 1,350.00 4 Parts/Materials - For PM & Service Calls SUBTOTAL $2,500.00 EA 15% $ 2,875.00 30% $ 3,250.00 10% $ 2,750.00 $ 18,025.00 $ 18,850.00 $ 19,902.00 Fourth YEAR 1 2 3 4 4 Preventative Maintenance Service - Quarterly Includes: 1 -day (8 hours) site visit each quarter Technician Labor - Service Calls Regular Hours: M -F 8:OOAM - 5:OOPM Technician Labor - Emergency Service Calls Outside Regular Hours, including weekends and holidays 24/7/365 Phone Technical Support with Senior Service Technician Parts/Materials - For PM & Service Calls SUBTOTAL 4 EA $ 1,200.00 $ 4,800.00 $ 840.00 $ 3,360.00 $ 1,438.00 $ 5,752.00 60 HR $ 90.00 $ 5,400.00 $ 105.00 $ 6,300.00 $ 95.00 $ 5,700.00 40 HR $ 90.00 $ 3,600.00 $ 160.00 $ 6,400.00 $ 142.50 $ 5,700.00 15 HR $ 90.00 $ 1,350.00 $ $ $ $ $2,500.00 EA 15% $ 2,875.00 30% $ 3,250.00 10% $ 2,750.00 $ 18,025.00 $ 19,310.00 $ 19,902.00 1 2 3 4 4 Fifth YEAR Preventative Maintenance Service - Quarterly Includes: 1 -day (8 hours) site visit each quarter Technician Labor - Service Calls Regular Hours: M -F 8:OOAM - 5:OOPM Technician Labor - Emergency Service Calls Outside Regular Hours, including weekends and holidays 24/7/365 Phone Technical Support with Senior Service Technician Parts/Materials - For PM & Service Calls SUBTOTAL 5 Year Total 4 EA $ 1,200.00 $ 4,800.00 $ 880.00 $ 3,520.00 $ 1,438.00 $ 5,752.00 60 HR $ 90.00 $ 5,400.00 $ 110.00 $ 6,600.00 $ 95.00 $ 5,700.00 40 HR $ 90.00 $ 3,600.00 $ 160.00 $ 6,400.00 $ 142.50 $ 5,700.00 15 HR $ 90.00 $ 1,350.00 $ $ $ $ $2,500.00 EA 15% $ 2,875.00 30% $ 3,250.00 10% $ 2,750.00 $ 18,025.00 $ 19,770.00 $ 19,902.00 $ 90,125.00 $ 94,710.00 $ 99,510.00 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 /. uSC 60 4CORPO R PAO' 1852, SERVICE AGREEMENT NO. 3105 CNG Preventative Maintenance & Service THIS CNG Preventative Maintenance & Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and ZeitEnergy, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide CNG Preventative Maintenance & Service in response to Request for Bid/Proposal No. 3105 ("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 CNG Preventative Maintenance & Service ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for five years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero -year periods ("Option Period(s)"), provided, the parties do so 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 $90,125.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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 1 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Department Phone: 361-826-1649 Email: JoannaM©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 2 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 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 3 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contract / Funds Administrator Address: 2726 Holly Rd. , Corpus Christi, Texas 78415 Phone: 361-826-1649 Fax: 361-826-1715 IF TO CONTRACTOR: ZeitEnergy, LLC Attn: Younes Rouissi Title: Chief Operatng Officer Address: 1024 Luke St., Irving, Texas 75061 Phone: 214-773-5394 Fax: N/A Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 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 5 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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. 23. 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). 24. 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. 25. 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. CONTRACTOR Signature: �DocuSigned by: g0lAn t,S 1`OSSi "-6059740F44D4491... Printed Name: Younes Roui ssi Title: coo Date: 8/19/2020 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. 3105 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 ATTACHMENT A: SCOPE OF WORK 1. General Requirements The City of Corpus Christi operates a public CNG Station with two fast -fill island fueling stations that serve the demands of City fleet, commercial fleet, and private customers. A. The Contractor shall provide preventative maintenance and service, including emergency service, for the City's CNG Fueling Station. B. For emergency service, the Contractor shall provide service technicians on a twenty-four hour, seven days a week basis. C. The Contractor is responsible for providing labor, supervision, tools, parts/materials, and equipment necessary to perform the services. 2. Scope of Work A. The Contractor will provide preventative maintenance and service, including emergency service as needed, for its CNG Fueling Station. 1. Each fueling station will require a complete quarterly preventative maintenance service. The City will schedule preventative maintenance service visits. 2. The quarterly service shall include one site visit 8 -hour day each quarter. B. Preventative maintenance and regular service work will be performed during regular working hours, Monday to Friday, from 8:00 AM to 5:00 PM. The Contractor will check in and check out with onsite staff before and after all authorized work is performed. C. For emergency service, the Contractor shall provide service technicians on a twenty-four hour, seven days a week basis. D. The Contractor is responsible for providing labor, supervision, tools, parts/materials, and equipment necessary to perform these services. E. The Contractor shall ensure that service is provided by certified CNG technicians. F. The preventative maintenance service shall include the following: Compressor & Controls Inspection 1. Inspect skid and enclosure for damage and leaking water 2. Check fault logs and active codes Page 1 of 5 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 3. Verify cooler is free of dirt/debris 4. Compare transducer reading to gauge 5. Visually inspect and leak check all piping, tubing, and hoses for leaks, abrasions, or vibration 6. Verify methane detector is within tolerance 7. Visually inspect PRV's and vent stacks for venting 8. Check vent stack to ensure free of moisture (remove drain cap) 9. Verify skid is free of rust and panel is free of corrosion (inside and outside of panel) Compressor Readings pressure and temperature readings for both units 1. Suction 2. Final 3. Oil 4. Receiver 5. Stage 1 6. Stage 2 7. Stage 3 8. Stage 4 9. Pre -lube oil 10. Frame site glass 11. Day tank site glass 12. FFL pump site glass 13.Inlet drain 14. Receiver drain 15. Accumulator drain 16. Methane 17. Lube rate Dispenser, Time Fill Post 1. Inspect hoses, nozzles, valves, and breakaways for leaks and damage 2. Visually inspect and snoop all piping, tubing, and hoses for leaks, abrasion, or vibration 3. Observe operation of the dispenser/refueling system 4. Visually inspect PRV's and vent stacks for venting Page 2 of 5 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 Priority Panel and Gas Storage Inspection 1. Observe operation of the priority panels and controls 2. Check fault logs and active faults 3. Visually inspect and snoop all piping, tubing, and hoses for leaks, abrasion, or vibration 4. Visually inspect PRV's and vent stacks for venting 5. Ensure cabinet is free of moisture and free of rust 6. Check storage vessels for leaks 7. Check storage vessel PRV's Gas Dryer Inspection 1. Check for alarm and notification 2. Dew point reading 3. Exercise dryer 4. Check filter differential gauge while running 5. Check for gas leaks 6. Check for damage 7. Check filter for condensate 8. Visually inspect PRV's and vent stack for venting 9. Check proper valve position per dryer manufacture 10. Verify skid is free of rust and panel is free of corrosion (inside and outside of panel) 1 1. Verify temperature and pressure readings match conditions Site 1. Verify each ESD device activates and ESD alarm on each control 2. Check yard lights 3. Check canopy lights G. The Contractor's senior technician shall respond to service calls, i.e. troubleshooting, onsite/remote, as needed. H. The Contractor shall not make changes to optimize the fueling process and set points of the station without City Staff approval. Page 3 of 5 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 4.3 Work Site and Conditions The work shall be performed at 5352 Ayers St., Building #20, Corpus Christi, TX. 78415 4.4 Emergency Service Repairs A. The Contractor will receive emergency repair requests via telephone or email and must respond within 30 minutes of call being placed by the Gas Department. B. The Contractor shall provide a repair estimate based on the contract pricing and obtain City approval prior to performing the work. C. Emergency repairs shall be completed within 24 hours of arrival onsite. The Contractor shall communicate to onsite staff any conditions that may delay work completion within the 24-hour period. 4.5 Parts A. The City stocks some parts and may provide the part(s) if inventory is adequate. B. In some cases, the Contractor may be required to provide parts. The Contractor must obtain City approval prior to Contractor purchase of part(s). 4.6 Training and Support A. The Contractor shall provide field training to the City's personnel on CNG equipment, as needed. B. The Contractor shall provide 24/7/365 phone support. 4.7 Warranty A. The Contractor shall provide a 30 -day warranty on all service work. B. The Contractor shall provide the standard manufacturer warranty on Contractor - supplied parts. 4.8 Invoicing A. The Contractor must submit an itemized invoice for payment, which shall contain the following information: 1. Purchase Order (PO) Number and Service Agreement Number 2. Service Address 3. Description of Service Work 4. Total hours billed at the rates provided for in the contract; Overtime hours must be pre -approved by City 5. Itemized list of parts 6. Copy of Invoices for parts which will be paid at cost plus contract allowed markup Page 4 of 5 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 4.9 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 5 of 5 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 Date: 7/15/2020 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM RFB No. 3105 - CNG Preventative Maintenance & Service Bidder: ZeitEnergy LLC Authorized Signature: PAGE 1 OF 3 1. Refer to "Instructions to Bidders" and Contract Terms nd Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. FIRST AND SECOND YEAR Item DESCRIPTION QTY UNIT PUNCT TOTAL PRICE 1 Preventative Maintenance Service - Quarterly Includes: 1 -day (8 hours) site visit each quarter 8 EA $ 1,200 $ 9,600 2 Technician Labor - Service Calls Regular Hours: M -F 8:OOAM - 5:OOPM 120 HR $ 90 $ 10,800 3 Technician Labor - Emergency Service Calls 80 HR $ 90 $ 7,200 Outside Regular Hours, including weekends and holidays 4 24/7/365 Phone Technical Support with Senior Service Technician 30 HR $90 $ 2,700 5 Parts/Materials - For PM 8, Service Calls $5,000 EA % Mark-up 15 $--750-- $5,750 SUBTOTAL $-3-1-70-5O- - $36,050.00 0� 0� DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 THIRD YEAR Item DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE Preventative Maintenance Service - Quarterly Includes: 1 -day (8 hours) site visit each quarter 4 EA $ 1,200 $ 4,800 2 Technician Labor - Service Calls Regular Hours: M -F 8:OOAM - 5:OOPM 60 HR $ 90 $ 5,400 3 Technician Labor - Emergency Service Calls 40 HR $ 90 $ 3,600 Outside Regular Hours, including weekends and holidays 4 24/7/365 Phone Technical Support with Senior Service Technician 15 HR $ 90 $ 1,350 5 Parts/Materials - For PM & Service Calls $2,500 EA % Mark-up 15 $ -375-- $2,875.00 SUBTOTAL $ -1-5,525 $18,025. FOURTH YEAR Item DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1 Preventative Maintenance Service - Quarterly Includes: 1 -day (8 hours) site visit each quarter 4 EA $ 1,200 $ 4,800 2 Technician Labor - Service Calls Regular Hours: M -F 8:OOAM - 5:OOPM 60 HR $ 90 $ 5,400 3 Technician Labor - Emergency Service Calls 40 HR $ 90 $ 3,600 Outside Regular Hours, including weekends and holidays 4 24/7/365 Phone Technical Support with Senior Service Technician 15 HR $ 90 $ 1,350 5 Parts/Materials - For PM & Service Calls $2,500 EA % Mark-up 15 $7--37-5- $2,875.00 SUBTOTAL $ 1-5=5-25`- $18,025, 2 ,2 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 FIFTH YEAR Item DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE Preventative Maintenance Service - Quarterly Includes: 1 -day (8 hours) site visit each quarter 4 EA $ 1,200 $ 4,800 2 Technician Labor - Service Calls Regular Hours: M -F 8:OOAM - 5:OOPM 60 HR $ 90 $ 5,400 3 Technician Labor - Emergency Service Calls 40 HR $ 90 $ 3,600 Outside Regular Hours, including weekends and holidays 4 24/7/365 Phone Technical Support with Senior Service Technician 15 HR $ 90 $ 1,350 5 Parts/Materials - For PM & Service Calls $2,500 EA % Mark-up 15 $ -375-- $2,875.00 SUBTOTAL $ 45,5225- $18,025 5 YEAR TOTAL t $--7.,-623-- $90,125. 00, 00 DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 Attachment C: Insurance and Bond 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: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 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. DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A - VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 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. BOND REQUIREMENTS: No Bonds are required, therefore, Service Agreement 3105, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 02/07/2020 Risk Management - Legal Dept. DocuSign Envelope ID: 724DE286-D164-4BA6-BB40-DB14C47EA480 ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide a 30 -day warranty on all service work. The Contractor shall provide the standard manufacturer warranty on Contractor -supplied parts. Page 1 of 1 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 15, 2020 DATE: September 15, 2020 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 Purchase of One Wheel Loader for Utilities Department CAPTION: Motion authorizing the purchase of one replacement 2020 444L John Deere wheel loader from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas in an amount of $167,605.00, to be used by the Utilities Department with funding available through the FY 2020 Water Fund. SUMMARY: This motion authorizes the purchase of one wheel loader for the Utilities Department through the BuyBoard Cooperative. This equipment will be utilized to load materials into dump trucks. BACKGROUND AND FINDINGS: The Utilities Department currently has an operational requirement for the purchase of one 2020 John Deere 444L wheel loader, which will be used to load material into dump trucks. This unit will be a replacement unit. This replacement unit is 11 years old with approximately 1,500 hours and has met its expected service life of 10 years. This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. The percentage of savings on the BuyBoard Cooperative quote is 37% less than the list price. In view of these savings through the BuyBoard Cooperative, it is the recommended method of purchase for the City. ALTERNATIVES: An alternative is to rent the wheel loader as needed. However, this may result in less construction work and a slower response to emergency repairs, therefore creating a loss of service to City customers if the equipment is not readily available. FISCAL IMPACT: The fiscal impact for the Utilities Department in FY 2020 is an amount of $167,605.00 for the purchase of the wheel loader. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: 4010 Water Fund 31520 Treated Water Delivery System 041 Distribute Water N/A 550020 Vehicles and Machinery Staff recommends approval of this motion authorizing the purchase of one -wheel loader from Doggett Heavy Machinery as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Contracts and Procurement Purchase of One John Deere 444L Wheel Loader Senior Buyer: Cynthia Perez for the Utilities Department Buy Board Contract 597-19 Doggett Heavy Machinery Services, LLC Corpus Christi, TX ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL 1 2020 - 444L John Deere Wheel Loader 1 each $167,605.00 $167,605.00 TOTAL $167,605.00 SERVICES Solid Waste Services Lease Purchase of 10 Replacement Side Loading Refuse Trucks Council Presentation September 15, 2020 Wheel Loader SERVICES AGENDA MEMORANDUM Action Item for the City Council Meeting September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM David S. Lehfeldt, Director of Solid Waste Services DavidL3@cctexas.com (361) 826-1966 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Lease -Purchase of 10 Replacement Side Loading Refuse Trucks for Solid Waste Services CAPTION: Motion authorizing a lease -purchase of 10 replacement side loading refuse trucks from Grande Ford Truck Sales, Inc. for a total amount of $3,536,856.59 to be utilized by the Solid Waste Services in the Refuse Collections Division, to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget. SUMMARY: This motion will authorize a lease purchase of 10 side loading refuse trucks through the Houston -Galveston Area Council (H -GAC Cooperative) to replace units that have met their expected service life of 7 to 10 years old. BACKGROUND AND FINDINGS: The reliability of the Solid Waste Services collection fleet is imperative to the department's mission to effectively collect, dispose and recycle solid waste. The cyclical replacement of collection trucks helps assure that sufficient quantity of safe and operable equipment is available to meet the workload, provide spare units that are usable when front line units are downed for repairs and scheduled maintenance, and helps level out the annual financial impact on the General Fund. The trucks may be used interchangeably to collect recycling or garbage as needed. The 10 units being replaced range from 7 to 10 years old and have experienced excessive maintenance costs totaling over $3.88 million in aggregate, since their purchase dates. The table below has information related to the replacement units. Unit # Age Hours 1769 10.4 13,259 1770 10.4 18,641 1771 8.8 13,624 1773 7.7 10,932 1774 7.7 13,315 Unit# Age Hours 1775 7.7 10,454 1776 7.7 11,761 1777 7.3 12,729 1778 7.2 12,729 1779 7.2 11,052 Depending on manufacturing and production schedules, refuse trucks typically take 9 to 12 months to receive from the date of order. Funding is available and programmed into the FY 2021 Proposed Budget. The procurement is through the H -GAC Cooperative. Contracts awarded through the H - GAC Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. ALTERNATIVES: An alternative is to continue using the older refuse trucks and struggle to meet mission requirements due to the increasing age, and increased maintenance requirements. FISCAL IMPACT: There will be no fiscal impact for Solid Waste Services in FY 2020 for the lease -purchase of 10 side loading refuse trucks to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget. The remaining balance will be budgeted in future years through the annual budget process. Financing for the lease -purchase of 10 side loading refuse trucks is based on a sixty - month term with an estimated interest rate of 2.00% for an annual estimated payment of $707,371.32. The total estimated cost over the five-year period, including principal of $3,363,100.00 and interest of $173,756.59 is $3,536,856.59. Total Lease -Purchase Price: $3,363,100.00 Total estimated allowable interest for Lease: $ 173,756.59 Grand Total: $3,536,856.59 FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12510 Refuse Collection Mission Element: 031 Waste & Brush Collection Project # (CIP Only): N/A Account: 530190 Lease -Purchase RECOMMENDATION: Staff recommends approval of this motion authorizing the lease purchase of 10 side loading refuse trucks from Grande Ford Truck Sales, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Chrsti Contracts and Procurement Senior Buyer: Cindy Ramos Price Sheet Lease Pruchase of Ten Side Loading Refuse Trucks HGAC HT06-20 Grande Ford Truck Sales, Inc. Description Qty Unit Price Extended Total Side Loading Refuse Truck 10 $ 336,160.00 $ 3,361,600.00 HGAC Fee 1 $ 1,500.00 $ 1,500.00 Grand Total $ 3,363,100.00 SERVICES Solid Waste Services Lease Purchase of 10 Replacement Side Loading Refuse Trucks Council Presentation September 15, 2020 Side Loading Refuse Truck SERVICES AGENDA MEMORANDUM Action Item for the City Council Meeting September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste Services DavidL3@cctexas.com (361) 826-1966 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Lease -Purchase of Two Brush Container Trucks CAPTION: Motion authorizing the lease -purchase of two replacement brush container trucks from Houston Freightliner, Inc., for a total amount of $314,700.42 to be utilized by Solid Waste Services for brush and bulky items collections to be lease -purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget through the General Fund. SUMMARY: This motion is to authorize the lease -purchase of two brush container trucks for Solid Waste Services through the Houston -Galveston Area Council (H -GAC Cooperative). This equipment will be used in support of the department's brush and bulky items collection requirements. BACKGROUND AND FINDINGS: Solid Waste Services has a need for two brush container trucks to meet the department's brush and bulky items collection requirements that also support post storm clean-up efforts. The units will be funded through the lease purchase program. The replacements are for units that have met their 7 -year (8,400 hour) expected service life. Replaced units are an eight (8) year old 2012 FREIGHTLINER with 14,356 hours and over $109,000 in maintenance cost and an 11 -year-old 2009 FORD F-750 with 16,465 hours and over $100,000 in maintenance cost. Depending on manufacturing and production schedules, equipment typically takes six to nine months to receive from the date of order. Funding has been requested in the FY 2021 Proposed Budget. This procurement is through the HGAC Cooperative. Contracts awarded through the HGAC Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: The alternative of continuing to use the older brush container trucks would increase the maintenance costs due to the increasing age of the vehicles being replaced and trigger an increased struggle to meet mission requirements. FISCAL IMPACT: There will be no fiscal impact for Solid Waste Services FY 2020 for the lease -purchase of two brush container trucks. The balance will be budgeted in future years through the annual budget process. Financing for the lease -purchase of two brush container trucks is based on a 60 -month term with an estimated interest rate of 2.00% for an annual estimated payment of $62,940.08. The total estimated cost over the five-year period, including principal of $299,240.00 and interest of $15,460.42 is $314,700.42. Total Lease -Purchase Price: Total estimated allowable interest for Lease: Grand Total: Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: 1020 12511 031 N/A 530190 $299,240.00 $ 15,460.42 $314,700.42 General Fund Brush Collection Waste & Brush Collection Lease -Purchase Staff recommends approval of this motion authorizing the lease -purchase of two brush trucks from Houston Freightliner as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Contracts and Procurement Senior Buyer: Cindy Ramos Price Sheet Lease Purchase of Two Brush Trucks HGAC Contract - HT06-20 Houston Freightliner Item Equipment Description Qty UOM Unit Price Total 1 Brush Truck 2 EA 148,220.00 $ 296,440.00 2 HGAC Order Processing Charge 1 EA 1000.00 $ 1,000.00 3 Delivery 1 EA 1800.00 $ 1,800.00 GRAND TOTAL $ 299,240.00 Solid Waste Services Lease Purchase of Two Brush Container Trucks SERVICES Council Presentation September 15, 2020 Brush Container Truck AGENDA MEMORANDUM Action Item for the City Council Meeting September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste Services DavidL3@cctexas.com (361) 826-1966 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Lease -Purchase of One Tractor Truck and One Roll -Off Truck CAPTION: Motion authorizing replacement lease -purchases of one tractor truck and one roll -off truck from Lone Star Truck Company for a total amount of $357,664.11. The tractor truck will be utilized by Solid Waste Services to haul refuse from the J.C. Elliot Transfer Station to the Cefe Valenzuela landfill. The roll -off truck will be used to haul sludge containers from the Wastewater Plants to the Cefe Valenzuela landfill. Both units are to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget through the General Fund. SUMMARY: This motion will authorize a lease -purchase of one tractor truck and one roll -off truck through the BuyBoard Cooperative. The trucks will be utilized by Solid Waste Services to haul refuse and sludge from the J.C. Elliot Transfer Station or Wastewater Plants to the Cefe Valenzuela landfill. These items are replacements to the fleet. BACKGROUND AND FINDINGS: Solid Waste Services currently has a need for one tractor truck and one roll -off truck. The tractor truck will be used to pull a transfer trailer that hauls refuse from the J.C. Elliot transfer station to the Cefe Valenzuela landfill. This unit is a replacement unit. The Tractor Truck being replaced is beyond its service life of 10 years, or 10,000 Hrs. It is 10 years old with 15,208 hours. The roll -off truck will be used to haul sludge containers form Wastewater Plants to the Cefe Valenzuela landfill. This unit is a replacement unit. The roll -off truck being replaced was involved in an auto accident and declared a total loss. Depending on manufacturing and production schedules, it typically take six to nine months to receive these vehicles from the date of order. Funding has been requested in the FY 2021 Proposed Budget. The procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings on the BuyBoard Cooperative is 41.2% less than the manufacturer's suggested retail price (MSRP). In view of these savings through the BuyBoard Cooperative, it is the recommended method of purchase for the City. ALTERNATIVES: An alternative is to do without the roll -off truck and continue using the older tractor truck, struggling to meet mission requirements due to the increasing age, and increased maintenance requirements. FISCAL IMPACT: There will be no fiscal impact for Solid Waste Services FY 2020 for the lease -purchase of one tractor truck and one roll -off truck. The remaining balance will be budgeted in future years through the annual budget process. Financing for the lease -purchase of one tractor truck and one roll -off truck is based on a sixty -month term with an estimated interest rate of 2.00% for an annual estimated payment of $71,532.82. The total estimated cost over the five-year period, including principal of $340,093.00 and interest of $17,571.11 is $357,664.11. Total Lease -Purchase Price: Total estimated allowable interest for Lease: Grand Total: FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: Cost: Fund: Organization/Activity: Mission Element Project # (CIP Only): Account:530190 Cost: 1020 General Fund 12504 JC Elliott Transfer Station 031 Waste & Brush Collection N/A 530190 Lease -Purchase $143,141.15 1020 General Fund 12514 Compliance 031 Waste & Brush Collection N/A Lease -Purchase $214,522.96 $340,093.00 $ 17,571.11 $357,664.11 RECOMMENDATION: Staff recommends approval of this motion authorizing the lease -purchase of one tractor truck and one roll -off truck from Lone Star Truck Company as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Chrsti Contracts and Procurement Senior Buyer: Cindy Ramos Price Sheet Lease Pruchase of One Tractor Truck and One Roll -Off Truck BuyBoard Contract #601-19 Lone Star Truck Company Description Qty Unit Price Extended Total Tractor Truck 1 $ 136,109.00 $ 136,109.00 Roll -Off Truck 1 $ 203,984.00 $ 203,984.00 Grand Total $ 340,093.00 SERVICES Solid Waste Services Replacement Lease -Purchases of One Tractor Truck and One Roll -off Truck Council Presentation September 15, 2020 Tractor Truck SERVICES Roll -off Truck SERVICES AGENDA MEMORANDUM Action Item for the City Council Meeting September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste Services DavidL3@cctexas.com (361) 826-1966 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Purchase of Rear Steer Truck CAPTION: Motion authorizing the purchase of a replacement rear steer truck from Houston Freightliner, Inc., for a total amount of $199,750.00 to be utilized to meet Brush and Bulky collection requirements by Solid Waste Services with FY2020 funding available through the Fleet Maintenance Services Fund. SUMMARY: This motion will allow the City to purchase a rear steer truck for Solid Waste Services to be utilized to meet brush and bulky collection requirements through the Houston - Galveston Area Council (H -GAC Cooperative). This item is a replacement to the fleet. BACKGROUND AND FINDINGS: Solid Waste Services has a need for one rear steer brush loading truck to meet the department's brush and bulky collection requirements and to support post storm clean- up efforts. This replacement unit will be funded through the future replacement program. The replacement is for a unit that has met its 8 -year (8,400 hour) expected service life. The replaced unit is an eight (8) year old 2012 FREIGHTLINER with 9,698 hours and over $146,000 in maintenance cost. This procurement is through the H -GAC Cooperative. Contracts awarded through the H - GAC Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative would be for the department to rent the equipment. However, this will not be cost effective for the Tong -term, and the equipment may not be readily available when needed. FISCAL IMPACT: The fiscal impact for Solid Waste Operations is a total amount of $199,750.00 for the purchase of the rear steer truck. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 5110 Fleet Maint Svc 40120 Equipment Purchases -Fleet 202 Maintain the Fleet N/A 550020 Vehicles & Machinery RECOMMENDATION: Staff recommends approval of this purchase with Houston Freightliner for the purchase of a rear steer truck as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Rear Steer Brush Loading Truck City of Corpus Christi Contracts and Procurement Senior Buyer: Cindy Ramos Price Sheet Purchase of Rear Steer Truck HGAC Contract - HT06-20 Houston Freightliner Item Equipment Description Qty UOM Unit Price Total 1 Rear Steer Truck 1 EA 190,300.00 $ 190,300.00 2 HGAC Order Processing 1 EA 1,500.00 $ 1,500.00 3 Multivac Installation w/parts 1 EA 5,750.00 $ 5,750.00 4 Destination Charge 1 EA 2,200.00 S 2,200.00 GRAND TOTAL $ 199,750.00 SERVICES Solid Waste Services Purchase of Rear Steer Truck Council Presentation September 15, 2020 Rear Steer Truck %\-\S 114x, eptiSc% e- SERVIGES AGENDA MEMORANDUM Action Item for the City Council Meeting of September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement Kim B2(a�cctexas.com (361) 826-3169 Purchase of Two Combination Rollers for Public Works CAPTION: Motion authorizing the purchase of two replacement 2021 Hamm HD 14VT combo rollers, from Nueces Farm Center, Inc., dba Nueces Power Equipment, for a total amount of $146,549.94, which will be used to compact asphalt laid on the new pavement surfaces throughout the City for the Public Works Department, with FY 2020 funding available through the Streets Fund. SUMMARY: This motion authorizes the purchase of two Hamm HD 14VT combo rollers as replacements to the fleet for the Public Works Department through the Houston - Galveston (H -GAC) Cooperative. This new equipment will be utilized by the Public Works Department to compact asphalt laid on the new pavement surface. These machines are vital to maintaining and extending the lives of the streets. BACKGROUND AND FINDINGS: Public Works currently has an operational requirement for the purchase of two combo rollers. These units will be used to compact asphalt on the new pavement surfaces throughout the City. These units will be replacement units for two 2007 model rollers with 2,633 and 1,432 hours respectively. These units have exceeded their expected service life of 10 years. Additionally, due to the way these units have been used historically, relatively few hours have been accumulated. This procurement is through the H -GAC Cooperative. Contracts awarded through H -GAC Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. The percentage of savings on the H -GAC Cooperative quote is 17% less than list price. In view of these savings through the H -GAC Cooperative, it is the recommended method of purchase for the City. ALTERNATIVES: An alternative is not to purchase this equipment. This would result in less in-house capability to execute maintenance and emergency response work; therefore, creating a loss of service to City customers. FISCAL IMPACT: The fiscal impact in FY 2020 for Public Works is a total amount of $146,549.94 for the purchase of two Hamm HD 14VT combo rollers. FUNDING DETAIL: Fund: 1041 Streets Fund Organization/Activity: 12430 Surface Preservation Mission Element: 051 Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of two Hamm HD 14VT combo rollers from Nueces Power Equipment as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Contracts and Procurement Senior Buyer: Cynthia Perez Price Sheet Purchase of Two Combo Rollers for Public Works HGACBuy Contract SM10-18 ITEM DESCRIPTION QTY. UNIT Nueces Power Equipment Corpus Christi, TX Unit Price Extended Price 1 Hamm HD 14 VT Combo Roller 2 EA. $73,274.97 $146,549.94 TOTAL: $146,549.94 Public Works Department FY 2020 Equipment Replacement & Purchases Council Presentation September 15, 2020 Agenda • Purchase of two (2) combination rollers • Replacement of two (2) Aerial -Lift Bucket Trucks • Lease -purchase of new asphalt paver (5' to 10' width) • Lease -purchase of Curb & Gutter Machine Combination Roller 20-1007 • Utilized by In-house Pavement Repair Program • Unit is 54.3" static flat wheel drum on front combined with 50.2" pneumatic wheels on rear • Smaller unit can be utilized in alleys and base and pavement repairs on arterials • Replaces four (4) identical double drum flat rollers; one (1) is 26 years old, two (2) are 13 years old and one (1) is 9 years old • Life Expectancy 10 years Aerial Lift Truck 20-1008 • Traffic Signal Maintenance Program • Current units: 1st unit is 21 years old with 11,714 Hours; 2nd Unit is 19 years old with 18,140 hours. Lifecycle expectancy is 7 years with 8,400 hours • Replaces Units 1425 & 1419, which have been sold 4 Asphalt Paver 20-1026 • Lease -purchase asphalt paver • Width capacity of 5' to 11' • Used for the Pavement Repair Program • full depth pavement on arterials • large pavement failures on narrow residential streets • utility restoration pavement cuts • alley maintenance • Allows for the addition of a second paving crew 5 Concrete Curb Machine (20-1030) • Lease -purchase of a curb machine • Utilized In -House Mill & Overlay Program • Promotes positive drainage Public Works Department Questions? AGENDA MEMORANDUM Action Item for the City Council Meeting of September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement Kim B2(a�cctexas.com (361) 826-3169 Purchase of Two Aerial Lift Trucks for Public Works CAPTION: Motion authorizing the purchase of two replacement Ford F550 aerial lift trucks, from Grande Truck Center in an amount of $248,704.00 that will be utilized in the maintenance of the City's traffic control signals throughout the City for the Public Works Department, with FY 2020 funding available through the Streets Fund. SUMMARY: This motion authorizes the purchase of two Ford F550 aerial lift trucks for Public Works through the BuyBoard Cooperative as replacements to the fleet. This new equipment will be utilized in the maintenance of the City's traffic control signals throughout the City. BACKGROUND AND FINDINGS: Public Works currently has an operational requirement for the purchase of two Ford F550 aerial lift trucks. These trucks will be used in the maintenance of the City's traffic control signals throughout the City. These units will be replacing units that are no longer in service. They are a 1999 F350 with 11,714 hours and a 2001 F450 with 18,140 hours which have exceeded their expected service life of 10 years. This procurement is through the Buyboard Cooperative. Contracts awarded through this Buyboard Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. The percentage of savings on the cooperative quote is 20% less than MSRP. In view of these savings through the Buyboard Cooperative, it is the recommended method of purchase for the City. ALTERNATIVES: An alternative is not to purchase this equipment. This would result in less in-house capability to execute maintenance and emergency response work; therefore, creating a loss of service to City customers. FISCAL IMPACT: The fiscal impact for Public Works in FY 2020 is a total amount of $248,704.00 for the purchase of two Ford F550 aerial lift trucks. FUNDING DETAIL: Fund: 1041 Streets Fund Organization/Activity: 12430 Surface Preservation Mission Element: 051 Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of two Ford F550 aerial lift trucks from Grande Truck Center as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Contracts and Procurement Senior Buyer: Cynthia Perez Price Sheet Purchase of Two Ford F550 Aerial Lift Trucks for Public Works BuyBoard Contract 571-18 ITEM DESCRIPTION QTY. UNIT Grande Truck Center San Antonio, TX Unit Price Extended Price 1 Ford F550 Aerial Lift Trucks 2 EA. $124,152.00 $248,304.00 2 BuyBoard Fee 1 EA. $400.00 $400.00 TOTAL: $248,704.00 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Lease -Purchase of One Asphalt Paver for Public Works CAPTION: Motion authorizing a lease -purchase of one Cat AP300F asphalt paver from HOLT Texas, Ltd., dba HOLT CAT, in an amount of $196,228.87 to be utilized by Public Works as an addition to the fleet in support of the City's street maintenance and repairs, to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget through the Streets Fund. SUMMARY: This motion is to authorize the lease -purchase of one Cat AP300F asphalt paver for Public Works through the BuyBoard Cooperative. This equipment will be used in support of the City's street maintenance and repairs, as an addition to the fleet. BACKGROUND AND FINDINGS: Public Works has an operational need for one asphalt paver, which will be utilized by in- house crews in support of the City's street maintenance and repairs. This unit will be an addition to the fleet. This procurement is through the Buyboard Cooperative. The contracts awarded through the Buyboard Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. The percentage of savings on the Buyboard Cooperative quote is 8% less than list price. In view of these savings through the BuyBoard Cooperative, it is the recommended method of purchase for the City. Funding has been requested in the FY 2021 Proposed Budget. ALTERNATIVES: An alternative not to lease -purchase this equipment would be to contract this type of service, which would be much more expensive. This would result in a delay in construction work related to street maintenance; therefore, creating a loss of productivity. FISCAL IMPACT: There will be no fiscal impact for Public Works in FY 2020 for the lease -purchase of one asphalt paver. The remaining balance will be budgeted in future years through the annual budget process. Financing for the lease -purchase of one asphalt paver is based on a sixty -month term with an estimated interest rate of 2.00% for an annual estimated payment of $39,245.77. The total estimated cost over the five-year period, including principal of $186,588.65 and interest of $9,640.22 is $196,228.87. Total Lease -Purchase Price: Total estimated allowable interest for Lease: Grand Total: FUNDING DETAIL: $186,588.65 $ 9,640.22 $196,228.87 Fund: 1041 Streets Fund Organization/Activity: 12430 Surface Preservation Mission Element: 051 Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account: 530190 Lease -Purchase RECOMMENDATION: Staff recommends approval of this lease -purchase with Holt Cat for one asphalt paver as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Contracts and Procurement Senior Buyer: Cynthia Perez Price Sheet Lease Purchase of One Asphalt Paver for Public Works BuyBoard Contract 597-19 ITEM DESCRIPTION QTY. UNIT HOLT Cat Corpus Christi, TX Unit Price Extended Price 1 CAT AP300F Asphalt Paver 1 EA. $186,588.65 $186,588.65 TOTAL: $186,588.65 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Lease -Purchase of One Curb Machine for Public Works CAPTION: Motion authorizing a lease -purchase of one Gomaco GT3200 curb machine from Closner Equipment Company, Inc., for a total amount of $248,990.25 to be utilized by the Public Works Department in support of the City's street maintenance and repairs as an addition to the fleet, to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget. SUMMARY: This motion is to authorize the lease -purchase of one Gomaco GT3200 curb machine for the Public Works Department through the BuyBoard Cooperative. This equipment will be used in support of City street maintenance and repairs. This unit will be an addition to the fleet. BACKGROUND AND FINDINGS: Public Works has an operational need for one curb machine, which will be utilized by in- house crews in support of the City's street maintenance and repairs. This unit will be an addition to the fleet. This purchase is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas local and state procurement requirements. The percentage of savings on the BuyBoard Cooperative quote is 5% less than list price. In view of these savings through the BuyBoard Cooperative, it is the recommended method of purchase for the City. ALTERNATIVES: An alternative would be not to purchase this equipment for in-house use and secure an agreement to contract this type of service which would be much more expensive. This would result in a delay in construction work related to street maintenance; therefore, creating a loss of productivity. FISCAL IMPACT: There will be no fiscal impact for Public Works in FY 2020 for the lease -purchase of this curb machine. The item will be budgeted in future years through the annual budget process. Financing for the lease -purchase of one curb machine is based on a sixty -month term with an estimated interest rate of 2.00% for an annual estimated payment of $49,798.05. The total estimated cost over the five-year period, including principal of $236,758.00 and interest of $12,232.25 is $248,990.25. Total Lease -Purchase Price: Total estimated allowable interest for Lease: Grand Total: FUNDING DETAIL: $236,758.00 $ 12,232.25 $248,990.25 Fund: 1041 Streets Fund Organization/Activity: 12430 Surface Preservation Mission Element: 051 Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account: 530190 Lease -Purchase RECOMMENDATION: Staff recommends approval of this lease -purchase with Closner Equipment for one curb machine as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Contracts and Procurement Senior Buyer: Cynthia Perez Price Sheet Lease Purchase of One Curb Machine for Public Works BuyBoard Contract 597-19 ITEM DESCRIPTION QTY. UNIT Closner Equipment Company, Inc. San Antonio, TX Unit Extended Price Price 1 Gomaco GT3200 Curb Machine 1 EA. $236,758.00J $236,758.00 TOTAL: $236,758.00 AGENDA MEMORANDUM Action Item for the City Council Meeting September 15, 2020 DATE: August 28, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works richardm5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 Professional Services Contract North Lexington Blvd. (Leopard St. to Hopkins Rd.) CAPTION: Motion authorizing a professional services agreement with Hanson Professional Services, Inc., to provide design, bid and construction administration phase services for roadway and utility improvements on North Lexington Boulevard from Leopard Street to Hopkins Road in an amount of $401,838.00, located in City Council District 1, with funds available from the Bond 2018 Street Fund and FY 2020 Storm Water, Wastewater, Water and Gas Funds. SUMMARY: This motion authorizes a professional services contract with Hanson Professional Services, Inc., to provide design, bid, and construction administration phase services for North Lexington Boulevard from Hopkins Road to Leopard Street. The project design improvements include roadway widening, pavement markings, drainage ditch improvements with new storm water culverts and utility improvements. BACKGROUND AND FINDINGS: North Lexington Boulevard from Hopkins Road to Leopard Street is an existing asphalt pavement two-lane roadway that serves industrial businesses. The project is a Bond 2018 project approved by city voters in November 2018. The roadway is experiencing continuous pavement distress and failures due to the age of the pavement and the heavy industrial truck traffic. The roadway is drained by large ditches on either side with parallel storm water culverts under each business driveway. Existing underground utilities are approximately 65 years old and require improvements. This contract provides for design and construction plan preparation for the reconstruction and widening of the existing roadway with a proposed pavement surface of 26 feet, approximately 37 concrete driveways within the City's right-of-way, signage, and pavement markings. Utility improvements include upgrades to water and wastewater systems. The total construction cost of the project is estimated to be at $4,900,000 including street, stormwater and utilities. PROJECT TIMELINE: 2020 2021 2022 0 N D J F M A M Design -M J J A Bid/ Award S 0 N D J F M A M J J A Construction Project schedule reflects City Council award of the design services in September 2020 with anticipated completion in May 2021. Upon completion of the design, construction work will be bid. COMPETITIVE SOLICITATION PROCESS Hanson Professional Services, Inc., was selected for the Group A -Transportation Projects under RFQ 2018-10 in February 2019. Fifteen firms submitted under the Group A -Transportation Category and thirteen firms were selected. Hanson Professional Services, Inc., was among one of the thirteen qualified firms selected in the Transportation Category. 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 this contract to Hanson Professional Services, Inc., will delay construction of the project and impede Council goals of completing Bond 2018 street projects in a timely manner and within budget. FISCAL IMPACT: The fiscal impact for FY 2020 is an amount of $401,838.00 with funding available from the Bond 2018 Street Proposition B Fund and FY 2020 Storm Water, Wastewater, Water and Gas Funds. Funding Detail: Fund: Mission Elem: Project No.: Account: Activity: Amount: Street Bond 2018, Proposition B (Fund 3557) Street Pavement Maintenance (ME 051) N. Lexington Boulevard - Leopard St. to Hopkins Rd. (18028A) Design (Account #550950) 18028 -A -3557 -EXP $200,930.52 Fund: Storm Water (Fund 4532) Mission Elem: Storm Water Drainage (ME 043) Project No.: N. Lexington Boulevard - Leopard St. to Hopkins Rd. (18028A) Account: Design (Account #550950) Activity: 18028 -A -4532 -EXP Amount: $90,408.37 Fund: Wastewater (Fund 4254) Mission Elem: Wastewater Collection System (ME 042) Project No.: N. Lexington Boulevard - Leopard St. to Hopkins Rd. (18028A) Account: Design (Account #550950) Activity: 18028 -A -4254 -EXP Amount: $50,226.87 Fund: Water (Fund 4099) Mission Elem: Water Distribution System (ME 041) Project No.: N. Lexington Boulevard - Leopard St. to Hopkins Rd. (18028A) Account: Design (Account #550950) Activity: 18028 -A -4099 -EXP Amount: $50,226.87 Fund: Gas (Fund 4560) Mission Elem: Gas Distribution System (ME 022) Project No.: N. Lexington Boulevard - Leopard St. to Hopkins Rd. (18028A) Account: Design (Account #550950) Activity: 18028 -A -4560 -EXP Amount: $10,045.37 RECOMMENDATION: Staff recommends award of the professional services contract to Hanson Professional Services, Inc., in the amount of $401,838.00. The design phase will start in October 2020 with completion planned in May 2021. Construction is planned to start in August 2021 with completion in August of 2022. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Contract Project Location Location Map North Lexington Blvd Leopard St to Hopkins Rd (Bond 2018) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 SERVICE AGREEMENT NO. 3237 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT: 18028A N. LEXINGTON BLVD. (LEOPARD ST. TO HOPKINS RD.) 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 Rd., 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 11 — 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 Contract for Professional Services Page 1 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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. Consultant will perform the Services in accordance with Exhibit A and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 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 2 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 $401,838.00. 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. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act. Contract for Professional Services Page 3 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. Consultant shall indemnify and hold City harmless from any liens, claims, security interests or encumbrances filed by anyone claiming by, through or under the items covered by payments made by City to Consultant. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). Contract for Professional Services Page 4 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 4.2 The term of this Agreement will be for a period of six years, beginning on the effective date, unless extended by authority of the City Manager or designee. 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 Contract for Professional Services Page 5 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE 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. Contract for Professional Services Page 6 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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. 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 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. Contract for Professional Services Page 7 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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. 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 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 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 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for Contract for Professional Services Page 8 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 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 30 or more than 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 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 Contract for Professional Services Page 9 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement 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 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 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. Contract for Professional Services Page 10 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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-d isclosure/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, the Consultant's response to the Request for Qualifications related to this project, or 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. Contract for Professional Services Page 11 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 CITY OF CORPUS CHRISTI HANSON PROFESSIONAL SERVICES, INC. DocuSigned by: ,iawtt,S AWSwtbrt, D90701 F6F17045D... 8/31/2020 Michael Rodriguez Date James Messmore Chief of Staff Senior Vice President 4501 Gollihar Rd. Corpus Christi, TX 78411 (361) 814-9900 Office JMessmore@hanson-inc.com APPROVED AS TO LEGAL FORM: Assistant City Attorney Date ATTEST City Secretary Date BY COUNCIL Date AUTHORIZED Contract for Professional Services Page 12 of 12 Revised February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 HANSON Engineering 1 Planning !Allied Services August 4, 2020 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 North Lexington Boulevard — Hopkins R. to Leopard St. City Project No. 18028A Dear Mr. Edmonds, Hanson Professional Services Inc. 4501 Gallihar Road Corpus Christi, TX 78411 (361) 814-9900 Fax: (361) 814-4401 www.hansan-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 of North Lexington Boulevard from the intersection of Hopkins Rd. to the intersection of Leopard Street, approximately 4,700LF. Re- construction will include the evaluation of the existing utility infrastructure. Infrastructure will be upgraded as recommended in available City master plans or to meet current City design standards. The pavement section will be designed to meet the City's design requirements. Funding for the project was approved by the voters as part of the Bond 2018 election. Currently the roadway section is indicated to be an A2 secondary arterial in the City of Corpus Christi Urban Transportation plan. The project construction budget provided by the City is as follows: Streets $ 1,745,400 Storm Water $ 785,400 Water $ 436,300 Wastewater $ 436,300 Gas $ 87,200 TOTAL $ 3,490,600 The feasibility report dated June 15, 2018 developed for the City indicates that that the total construction cost for roadway and utilities is estimated to be around $3,709,200 utilizing a Modified C3 roadway configuration and $4,604,600 utilizing an A2 Secondary Arterial. The effort outlined in this scope/fee proposal is based on the modified C3 configuration consisting of a 26' wide pavement with roadside drainage ditches and utility upgrades. We propose to complete the design of the project at a fee of $401,838.00. Attached is Exhibit A which summarizes the scope of work, schedule and breakdown of fees for the effort. We thank you for this opportunity and look forward to working with you on this project. Sincerely, HA SON RROF TONAL SERVICES INC Wilfredo Rive Vice -President P.E. DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS "NORTH LEXINGTON BLVD" PROJECT NO. 18028A BOND ISSUE 2018 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this Contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural/Engineering services. 1. Preliminary Phase. The Architect/Engineer (NE), also referred to as Consultant, will: a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within five working days of the meeting. b) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. c) Develop preliminary requirements for utility relocations, replacements or upgrades. Coordinate with the City's Project Manager and identify Operating Departments potential Project needs. d) Develop preliminary typical street sections and pavement sections, incorporating the City's Geotechnical Consultant's recommendations. All streets shall be designed with flexible and rigid pavements. e) Prepare preliminary opinions of probable construction costs for the recommended improvements. f) Develop a Drainage Area Map showing the existing and proposed drainage basins served by the Project storm system. g) Conduct preliminary hydraulic analysis to quantify the storm water design of existing and proposed systems. h) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Submit a list of identified companies to the City. i) Conduct preliminary analysis of lighting, including existing equipment, above/below ground electrical service. Provide recommendations for improvements/upgrades. j) The AE will participate in discussions with the Operating Department; Development Services and other agencies (such as the Texas Department of Transportation (TXDOT) and Texas Commission of Environmental Quality (TCEQ) as required to satisfactorily complete the Project. Any directions or changes to scope provided by the Operating Department or other agencies shall be reviewed with the City Engineering Department PM prior to including/excluding from the scope of work. k) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, coordinate with agencies such as RTA, USPS, affected school districts (CCISD, FBISD, etc.), community groups, etc. EXHIBIT "A" Page 1 of 10 Revised 27 February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 I) Identify and recommend public outreach and community stakeholder requirements. m) Request and review traffic counts from the City PM. n) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards (CPPS). The Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, sealed survey including topographic, right-of-way and utilities location information (per scope in Topographic and Right -of -Way (ROW) Survey services), right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, existing electric and communication utility companies and private pipeline companies, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos with location key map. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as TCEQ, RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Summary of Geotechnical Report findings and criteria for pavement design, including the projected growth rate, 30 -year ESAL estimate and SN value, 30 -year pavement recommendation, etc. a. Analyze proposed pavement options and provide recommendation for most cost-effective pavement section that accommodates traffic requirements, budget constraints, utility needs, etc. 6. Provide preliminary index of anticipated drawings and specifications. 7. Provide a preliminary summary table of anticipated required ROW parcels o) Submit one (1) copy in an approved electronic format, and three (3) hard copies of the Draft Engineering Letter Report. p) Initiate ELR submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of ELR submittal. q) Participate in Project review meeting with City staff and others on the Draft Engineering Letter Report as scheduled by City Project Manager. r) Address review comments and questions and provide written responses to the City PM. s) Assimilate all City review comments into the Final Engineering Letter Report (ELR). Provide one (1) electronic and one (1) hard copy using City Standards as applicable and suitable for reproduction. City staff will provide electronic copies of the following information (as applicable and requested through the City PM): EXHIBIT "A" Page 2 of 10 Revised 27 February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 a) Electronic index and database of City's Record Drawing and record information. b) Record Drawings and record information as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans (as available from City Engineering files). d) Copy of Geotechnical Investigation Report. g) Traffic counts. Note: Applicable Master Plans and GIS mapping are available on the City's website. The records provided for A/E's use under this Contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this Contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed from the City Project Manager, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Inform private utility and pipeline owners whose facilities fall within the project limits of the proposed improvements. Identify areas of potential conflicts. Coordinate with private utility and pipeline owners to obtain needed locations of their respective utility/pipeline, including Level A SUE by private utility/pipeline owner as necessary. Coordinate necessary adjustments and provide a project schedule to utility/pipeline owner. Provide utility/pipeline relocation schedule to the City and update monthly. b) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting. c) Identify the approximate locations and areas of existing utilities and pipelines that may have a significant potential impact on the proposed features or utilities and for which the existing location(s) cannot be adequately determined by the SUE investigation up to and including Level B, and which require a Level A exploratory excavation during the design phase. These critical locations and their basis of potential impact are to be clearly provided on a layout for the City PM. d) Provide assistance to identify potential needs for testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). e) Prepare Construction Documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the street, storm water, water, wastewater, gas, IT, signal, and lighting systems within the Project limits, per the Project scope. Include standard City of Corpus Christi detail sheets and specifications as applicable to the Project. 1. Prepare construction plans in compliance with CPPS using English units on full-size (22" x 34"). Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. EXHIBIT "A" Page 3 of 10 Revised 27 February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 2. Provide pollution control measures and BMP layout for the Contractor's Storm Water Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as applicable. 3. Include computer model results and calculations used to analyze drainage. f) Submit three (3) sets of the interim plans (60% submittal) in electronic and half- size (11" x 17") hard copies using City Standards as applicable to City staff for review and approval purposes with 60% estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities and stakeholders. 1. Required with the interim plans is: a. Design Submittal Packet Checklist b. Executive Summary of the 60% submittal," which will identify and briefly summarize the Project by distinguishing key elements of the Project, decisions made, outstanding issues, items TBD, Opinion of Probable Construction Costs (OPCC) compared to construction budget and the schedule with changes identified. c. Project Submittal Checklist d. Drawing Review Checklist e. OPCC f. Drawings g. Draft Table of Contents with specification list 2. Initiate 60% submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of 60% submittal. g) Participate in Project 60% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and upon confirmation from the City PM proceed to the 90% design. h) Submit three (3) sets of the pre -final plans and bid documents (90% submittal) in electronic and half-size hard copies using City Standards as applicable to City staff for review and approval purposes. Include the 90% estimate of probable construction costs, 90% submittal Executive Summary, Submittal Packet, Project, and Drawing Checklists, responses to previous review comments and the Contract Document Book with in-line Track Changes in red to identify all proposed edits to the City Construction Contracts. i) Participate in Project 90% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and proceed to the pre -ATA submittal. j) Provide one (1) set of the pre -ATA plans (100% unsealed and unstamped) in electronic and half-size hard copy using City Standards as applicable for City's Pre -ATA review. Include the pre -ATA OPCC and written responses to previous review comments. The pre -ATA (100%) submittal will not include a full distribution and review unless in the opinion of the City Project Manager the questions from the previous review have not been adequately addressed or resolved in the pre - ATA submittal. If this occurs, the PM may request additional distribution, meeting, review and related revisions at no additional cost to the City. See item (I) below. k) Assimilate all pre -ATA comments, as appropriate, and provide one (1) set of the final plans and contract documents (signed and sealed, electronic and half-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the EXHIBIT "A" Page 4 of 10 Revised 27 February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. I) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this Contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards. m) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's Standard Specifications, Standard Detail sheets, Front End Contract Documents, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference to discuss scope of work and to answer scope questions. b) Review all questions concerning the bid documents and prepare any revisions to the plans, specifications, and bid form that are necessary. c) Assist with the evaluation of bids. d) Assist with the review of the Contractor's Statement of Experience and confirm it meets Contract requirements. e) For bids over budget, the A/E will confer with City staff and provide and, if necessary, make such revisions to the bid documents as the City staff deems necessary to re -advertise the Project for bids. f) Provide two (2) hard copy sets and one (1) electronic set of conformed drawings and conformed Contract Documents (PDF and original format [CAD/Word/etc.]) to the City. The City staff will: a) Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda, prepare bid tabulation, and conduct the bid opening. b) Coordinate the review of the bids with the A/E. c) Prepare agenda materials for the City Council concerning bid awards. d) Prepare, review, and provide copies of the Contract for execution between the City and the Contractor. 4. Construction Administration Phase. The NE will perform contract administration to include the following: EXHIBIT "A" Page 5 of 10 Revised 27 February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. c) If requested by the City, review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the Contract Documents for the Contractor and authorize required changes, which do not affect the Contractor's price and are not contrary to the general interest of the City under the Contract as requested by the Owner's Authorized Representative (OAR). e) Make periodic visits to the site of the Project to confer with the City Project Inspector and Contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the Contract Documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Provide interpretations and clarifications of the plans and specifications for the Contractor and recommendations to the City for minor changes which do not affect the Contractor's price and are not contrary to the general interest of the City under the Contract as requested by the OAR g) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for Contractor completion, and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. h) Review Contractor -provided construction "red -line" drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later) within one (1) month of receiving the Contractor's red -line drawings. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings should incorporate the Contractor's red -lines and identify all changes made during construction. The Drawing Cover and each sheet should be clearly identified as the Record Drawing and should indicate the basis and date. i) When requested by the OAR, assist in addressing Request for Information (RFI) submitted by the Contractor. The City staff will: a) Prepare applications/estimates for payments to Contractor. b) Conduct the final inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. NE may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE shall, with written authorization by the Director of Engineering Services, perform the following: 1. Topographic and Right -of -Way (ROW) Survey. EXHIBIT "A" Page 6 of 10 Revised 27 February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 NAVD 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 included in Topographic and ROW Survey services. 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 Tots, 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. Environmental Issues. EXHIBIT "A" Page 7 of 10 Revised 27 February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 3. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Significant revisions based on public meeting feedback may be negotiated for an additional fee. 4. Construction Observation Services. To Be Determined. 5. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activity October 2020 Notice to Proceed November 2020 Draft ELR Submittal December 2020 City Draft ELR Review Complete December 2020 Final ELR submitted to City February 2021 60% Plan Submittal February 2021 City 60% Plan Review Complete March 2021 90% Plan Submittal April 2021 City 90% Plan Review Complete April 2021 100% Pre -ATA Submittal May 2021 Final Sealed Bid Package May 2021 Advertise for Bids May 2021 Pre-bid Conference June 2021 Receive Bids July 2021 Contract Award August 2021 Begin Construction August 2022 Complete Construction EXHIBIT "A" Page 8 of 10 Revised 27 February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon NE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services", the City will pay the NE a not -to -exceed fee as per the table below: EXHIBIT "A" Page 9 of 10 Revised 27 February 2020 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 Summary of Fees Basic Services Fees Street Storm Water Water Waste Water Gas Total 1 Preliminary Phase $ 29,209.17 $ 13,142.62 $ 7,301.46 $ 7,301.46 $ 1,460.29 $ 58,415.00 2 Design Phase $ 115,660.13 $ 52,041.09 $ 28,911.72 $ 28,911.72 $ 5,782.34 $ 231,307.00 3 Bid Phase $ 6,490.87 $ 2,920.56 $ 1,622.53 $ 1,622.53 $ 324.51 $ 12,981.00 4 Construction Administration Phase $ 23,955.37 $ 10,778.68 $ 5,988.16 $ 5,988.16 $ 1,197.63 $ 47,908.00 Subtotal Basic Services Fee $ 175,315.54 $ 78,882.95 $ 43,823.87 $ 43,823.87 $ 8,764.77 $ 350,611.00 Additional Services Fees (Allowance) 1 Topographic Survey * $ 20,177.16 $ 9,078.68 $ 5,043.71 $ 5,043.71 $ 1,008.74 $ 40,352.00 2 Environmental Issues * $ - $ - $ - $ - $ - $ - 3 Public Involvement * $ 2,280.38 $ 1,026.05 $ 570.03 $ 570.03 $ 114.01 $ 4,560.50 4 Construction Observation Services * $ - $ - $ - $ - $ - $ - 5 Warranty Phase * $ 1,206.82 $ 543.01 $ 301.67 $ 301.67 $ 60.33 $ 2,413.50 SUE Level A Coordination * $ 975.31 $ 438.83 $ 243.80 $ 243.80 $ 48.76 $ 1,950.50 Televising Utility Line Coordination * $ 975.31 $ 438.83 $ 243.80 $ 243.80 $ 48.76 $ 1,950.50 Subtotal Additional Services Fees $ 25,614.98 $ 11,525.40 $ 6,403.01 $ 6,403.01 $ 1,280.60 $ 51,227.00 Total Fee $ 200,930.52 $ 90,408.35 $ 50,226.88 $ 50,226.88 $ 10,045.37 $ 401,838.00 *Additional Services authorized in coordination with the notice to proceed for Basic Services. EXHIBIT "A" Page 10 of 10 Revised 27 February 2020 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. X If applicable, refer to the contract for information on what to include with time and materials (T&M). cQ � CD o W 9Vtd££3Z6893-0L08-90d17-i3 6-ldbd9l08:01 edoieAu3 u6!Snooa DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 EXHIBIT C Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (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 3 -year 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, with the exception of professional liability, which may be on a per claims made 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 Rev 01/20 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 1.5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 01/20 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. 1. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 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 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and S. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 — MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 CITY OF CORPUS CHRISTI City of DISCLOSURE OF INTEREST Corpus Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Hanson Professional Services Inc. P. O. BOX: STREET ADDRESS: 4501 Gollihar Road CITY: Corpus Chrisiti STATE: Texas ZIP: 78411 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Depot intent (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A DocuSign Envelope ID: 8C16F4A1-91 C4-4FC6-8C7C-E5892C33F4A5 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Wilfredo Rivera, Jr., P.E. Assistant Vice -President Certifying Pepoq (Type or Print) Title: Signature ofertifying Person DEFINITIONS 04-14-2020 Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM Action Item for the City Council Meeting of September 15, 2020 DATE: TO: August 20, 2020 Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works richardm5@cctexas.com (361) 826-3419 Construction Change Order Park Road 22 Bridge CAPTION: Motion authorizing the execution of Change Order No. 1 for ground improvements on the Park Road 22 Bridge project with Haas -Anderson Construction, Corpus Christi, Texas in an amount of $575,700.00 for a total not to exceed amount of $14,519,236.00, located in Council District 4, with funding available from the Street Bonds 2004 and 2008. SUMMARY: This Change Order authorizes the additional funding required for the required ground improvements needed to construct the Park Road 22 Bridge project with Haas -Anderson Construction in an amount of $575,700.00 for a total not to exceed amount of $14,519,236.00. BACKGROUND AND FINDINGS: Park Road 22 Bridge construction contract was awarded to Haas -Anderson Construction, Corpus Christi, Texas on January 14, 2020. The contractor has been working on the preliminary activities like value engineering and resolving issues like ground improvements. The construction will begin the second week of October. While requesting the construction bids for the project, ground improvements for the project were budgeted in an amount of $500,000 as an allowance based on the engineer's estimate. Ground improvement is a method used to stabilize soil during a trenchless construction of a project. Ground Improvement improves the engineering properties of the treated soil such as shear strength, stiffness, and permeability. During the construction process, soil can become unstable because of the groundwater and hence the soil must be reinforced for safety and engineering reasons. Ground improvements are needed to meet design requirement for the load associated with the bridge. After the construction contract was awarded, proposals for ground improvements were requested by Haas -Anderson Construction from a third party to begin the construction work. Haas -Anderson Construction received two proposals. The first proposal was from Menard Group USA, in an amount of $406,267, with no change of time. The estimate for the ground improvements were within the allocated allowance but the proposal did not address several technical issues. The second proposal was from Geopier/Peterson Contractors Inc. The Geopier/Peterson Contractors Inc estimate for the ground improvements is an amount of $1,075,700.00 and will add two additional months of time to the construction contract, extending completion to May 2022. Urban Engineering is the Engineer of record for this project. Urban Engineer recommended the City proceed with Geopier/Peterson Contractors Inc based on the contractor's knowledge and experience. An allowance in the amount of $500,000 is available from the previously approved construction contract. This Change Order No. 1 authorizes additional funding needed in an amount of $575,700.00 for the ground improvements. If approved, Haas -Anderson Construction will be authorized to continue construction for the Park Road 22 Bridge project up to the additional proposed contract amount. After completion Park Road 22 Bridge will be a fully reconstructed 4 -lane roadway with safe pedestrian walkways and golf cart access under the bridge connecting east and west sides of the Park Road 22. PROJECT TIMELINE WITH CHANGE ORDER: The Change Order No. 1 will authorize additional 60 calendar days to the construction contract. The anticipated construction completion date of the project will be extended from March 2022 to May 2022. ALTERNATIVES: The City could defer this work until a future date, but this would prevent the bridge from being constructed and likely result in in additional construction cost since the contractor is already mobilized on site. FISCAL IMPACT: The fiscal impact for FY 2020 is a total amount not to exceed $575,700, with funding available from the Street Bonds 2004 and 2008. Funding Detail: The funding for the project is available through the project cost savings from the Hogan Terra Mar Developer Agreement (Street Bonds 2004) in an amount of $344,000.00, Traffic Signal - New and Synchronization (Street Bond 2008) in the amount of $182,150.00 and Reserves (Street Bond 2008) in the amount of $49,550.00. Fund: Street Bond 2004 (Fund #3541) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Park Road 22 Bridge (Project #6281) reference previous project number 170062 Account: Construction (Account #550910) Activity: 170062 -01 -3541 -EXP Amount: $344,000.00 Fund: Street Bond 2008 (Fund #3546) Mission Elem: Project No.: Account: Activity: Amount: Fund: Mission Elem: Project No.: Account: Activity: Amount: Street Pavement Maintenance (ME 051) Park Road 22 Bridge (Project #6281) reference previous project number 170062 Construction (Account #550910) 170062 -01 -3546 -EXP $182,150.00 Street Bond 2008 (Fund #3548) Street Pavement Maintenance (ME 051) Park Road 22 Bridge (Project #6281) reference previous project number 170062 Construction (Account #550910) 170062 -01 -3548 -EXP $49,550.00 RECOMMENDATION: Staff recommends approval of this Change Order number 1 in an amount of $575,700, with Haas - Anderson Construction for the ground improvements on the Park Road 22 Bridge project for a total not to exceed amount of $14,519,236.00. Construction is anticipated to be completed by May 2022. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Change Order No. 1 vc1 SCALE: N.T.S. CORKS PM Bff Project Location L= v VICINITY MAP NOT TO SCALE \A ADRE wra 0 N /3\CEE..Y EL Project Location WHITECAP LOCATION MAP NOT TO SCALE GJ_F OF v-XICO Project Number: 6281 PARK ROAD 22 BRIDGE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES N SCALE: N.T.S. cc AERIAL MAP NOT TO SCALE E', Project Number: 6281 PARK ROAD 22 BRIDGE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES REVIEWED By am/aw at 1:37 pm, Aug 27, 2020 CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER • CHANGE ORDER NO: PROJECT: CONTRACTOR: ENGINEER: 1 CHANGE ORDER DATE: 8/27/2020 (RE -BID) Park Road 22 Lift Bridge (Bond 2008) PROJECT NUMBER: 6281 Haas -Anderson Construction ORIGINAL CONTRACT TIME: 639 CD's Urban Engineering Make the following additions, modifications or deletions to the work described in the Contract Documents: ADDITIONS Quantity Unit Unit Price Total Part B - Street Improvements B30 -A Ground Improvements (Geopier/Peterson Contractors) 1 FPP $ 1,075,700.00 $ 1,075,700.00 Added Time on Contract: due to Change of Scope 60 DAYS $ - $ Scope includes the following: Additional Mobilization/General Conditions, Geopiers - Subcontractor, Dozer Assistance, Flag for Trucks, Add Alternate for Additional Modulus Test Additions Total: $ 1,075,700.00 DELETIONS Allowance B30 ALLOWANCE: Ground Improvements Additional Calendar Days requested 60 -1 LS $ 500,000.00 $ (500,000.00) Deletions Total: $ (500,000.00) NET TOTAL OF THIS CHANGE ORDER: $ 575,700.00 Why was this Change necessary: Urban Engineering and team identified ground improvements as a requirement for this project. Due to the uniqueness of this scope the design team and the City determined that adding a perfonnance specification to the bid documents in lieu of designing around a single solution was the best option. An allowance of $500K was added to the bid documents to cover the anticipated cost for the ground improvements. After award, HAAS -Anderson Construction provided two ground improvement proposals for consideration, but only one (Geopier/Peterson Contractors Inc) met the bearing capacity, global stability and anticipated settlement of 3" — 6" specified in the performance specification. Geopier/Peterson Contractors Inc proposal was for $1,075,700 ($1,059,700 +$16K Add Alternate) and 60 additional calendar days. The base bid included $500,000 Ground Improvements Allowance which leaves a balance of $575,700. The change order will add $575,700 to the project to supplement the existing Ground Improvements Allowance and 60 calendar days to the contract time. The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cosh or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount Maximum Change Order Contingency Amount (25%) $ 3,485,884.00 Remaining Available Contingency Amount (including this CO) $ 2,910,184.00 $ 13,943,536.00 Previously Approved Change Order Amount Proposed Change Order Amount Revised Contract Amount Percent of Total Change Orders (including this CO) Original Contract Time for Substantial Completion Notice to Proceed Date Original Substantial Completion Date Previously Approved Change Order Time Additional Time on This Change Order Revised Contract Time for Substantial Completion Revised Substantial Completion Date $ 575,700.00 $ 14,519,236.00 4.13% 639 CD's 6/29/2020 3/30/2022 0 CD's 60 CD's 699 CD's 5/29/2022 REVIEWED BY: Eng. Proj. Specialist Constr. Supervisor Constr. Inspector Constr. Sr. Project Mgr. Karissa O'Neill Arnie Wojtasczyk Jim Jennings Ruben Barrera Initial Date KLO 8/19/2020 ADW 8/27/2020 JJ 8/19/2020 RB 8/19/2020 REQUESTED BY: Haas -Anderson Construction Scot! Kelly Project Manager gy /Z-113 Date RECOMMENDED BY: RECOMMENDED BY: RECOMMENDED BY: Brett Van Hazel CITY OF CORPUS CHRISTI FUND: ACCOUNT: Digitally sigj to Ty: Brett Van HatMOUNT: Date: 2020.08.27 15:37:52 -05'00' 3541-051 3546-051 3548-051 550910 550910 550910 170062 -3541 -EXP 170062 -3546 -EXP 170062 -3548 -EXP $344,000.00 $182,150.00 $49,550.00 Brett Van Hazel Construction Engineer Date Jeff H. Edmonds Director of Engineering Services APPROVED BY: Date Michael Rodriguez Chief of Staff APPROVED AS TO FORM: Date Eddie Houlihan, Director Date Kent Mcilyar Date Management and Budget Assistant City Attorney August 11, 2020 City of Corpus Christi C/O Jeff Edmonds Director of Engineering Service 1201 Leopard Street Corpus Christi, TX 78401 Subject: Park Road 22 Bridge — Ground Improvements Recommendation Dear Mr. Edmonds: Urban Engineering has received two proposals from the general contractor, Haas Anderson Construction, for the proposed ground improvements. We worked diligently with a third group to ensure they could meet the project requirements, but ultimately did not receive a proposal from them. Each of the submissions were from qualified contractors experienced in providing these services. I reviewed each of the proposals and discussed them with the general contractor. Per the performance specification, the proposals were to address improving the soil conditions to meet the necessary bearing capacity, global stability and an anticipated settlement of between 3" and 6". The first proposal was from Menard Group USA using the Rapid Impact Compaction (RIC) method. Although this proposal was the lower of the two, there were serious concerns that left too much doubt to consider it as a possibility. First, their proposal only specifically addresses improving the bearing capacity of the soil. It did not address global stability or reduction of the settlement. This is likely because their proposal calls to only improve the top 10' of soil. Most of the settlement is expected to happen in the top 30'. The general contractor also requested one additional month to the contract since Menard's proposal was for three months instead of the anticipated two months. The general contractor also had concerns about using this method with the high water table. RIC will liquify the sandy soil when saturated with water. The ground water in this location is only about 1.5' to 2.5' below the surface. In addition the sub -contractor was only able to list three projects using RIC. None were in Texas and none were in sandy soil conditions. The second proposal was from Geopier/Peterson Contractors Inc. Their proposal uses multiple aggregate driven piers penetrating deep into the soil. We were satisfied that their proposal adequately addressed bearing capacity, global stability and reduced settlement enough that the structural design to compensate for the remaining settlement. The Geopier/Peterson Contractors Inc proposal would require adding two more months to the contract. The price for using this method would be $1,075,700. This is a little over double the allowance of $500,000. All though this contractor is the more expensive of the two, they are the only one that we consider to have fully addressed the project requirements. Therefore, Urban Engineering recommends engaging Geopier/Peterson Contractors Inc and amending Haas Anderson's contract accordingly. (361)854-3101 2725 aWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www urboneng com TBPE Firm 0145 rBPI S firm #10032400 FAX (.361)854-6001 The design geotechnical firm, Raba Kistner, identified the need for ground improvements during the design phase of the project. The three critical items that needed to be addressed were defined and considered by the design team and discussed with city staff. Part of the thinking was that every contractor does the ground improvements differently and it can be as much of an art as it is a science. Also, many methods are proprietary and designing around one solution could inhibit competitive bidding. Therefore, a performance specification was added to the bid documents that would define the conditions the contractor would need to achieve. This would allow a competitive design of the ground improvements by a subcontractor prior to the start of construction. The allowance was provided as a place holder at the time not knowing the means and methods that would be employed or the extent to which those methods would extend. The $500,000 was an estimate that was decided upon with the concurrence of the design team and staff at the time. The two bids that were submitted are attached for reference. Please let me now if you have any questions concerning this recommendation. Sincerely, URBAN ENGINEERING Rhodes "Chip" Urban, P.E., R.P.L.S. RCU/ Cc: Jim Parish — Haas Anderson Const Larijia Francis — Engineering Services Brett Van Hazel — Engineering Services File I_IAr- • HAAS -ANDERSON CONSTRUCT 0 `, June 24, 2020 Brett Van Hazel City of Corpus Christi - Engineering Services Assistant Director cf Construction Management 4917 Holly Rd., Bldg. 5 Corpus Christi, TX 78411 Re! Park Road 22 Bridge -- Bond 2004 City Project No. 6281 Proposal for Ground Improvements — GeopieriPeterson Contractors, Inc, Brett! Attached is our Ground Improvement proposal utilizing Geopiers via Peterson Contractors, Inc. (PCI). All supporting documentation is also attached. PCI has approximately 4 months to complete the work in total. We had figured 2 months total to complete the work in the original bid. So, the Project Overhead/Supervision will increase accordingly 2 additional months which you will see in the additional mobilization item. The surveying support for PCI is also included in this additional mobilization item. With the additional mobilization cost we would also rewire that the contract time be increased an additional 60 calendar days to accommodate this method. Total Lump Sum Price $1,059,700 Additive Alternate for Additional Modulus Testing (if desired) $16,000 Drew P. Curler, P.E. Haas -Anderson Construction, LTD 1402 Molly Rd. • P:0. Box 7692 • Corpus Christi, Texas 78467 • 361/853-2535 • FAX 361!853-5564 HAAS -ANDERSON CONSTRUCTION, LTD. P.O. BOX 7692 CORPUS CHRISTI, TX Phone: 3618532535 HAC1343GEOPR Ground Improvements - Geopier/PCI BID PROPOSAL Drew Cullen Biditem Description Quantity Units Unit Price Bid Total 10 ADDITIONAL MOBILIZATION/GENERAL CONDITIONS 1.000 LS 90,300.00 90,300.00 20 GEOPIERS - SUBCONTRACTOR 1.000 LS 915,000.00 915,000.00 30 DOZER ASSISTANCE 1.000 LS 38,100.00 38,100.00 40 FLAG FOR TRUCKS 1.000 LS 16,300.00 16,300.00 100 ADD ALTERNATE FOR ADDITIONAL MODULUS TEST 1.000 EA 16,000.00 16,000.00 Bid Total $1,059,700.00 ** Items in italics are Non -Additive. 1 Haas -Anderson Construction Ltd. 06/23/2020 16:15 HAC1343GEOPR Ground Improvements - Geopier/PCI Page: 1 Bid Summary Totals Report Standard Markup Instructions Previous Run Summary: 06/23/2020 4:10 PM Cost Basis Markup % Markup Spread: 06/23/2020 4:10 PM Labor: 79,532 15.00 11,930 Summary run on Takeoff Quan and Adjusted to Bid Qu Burden: 11,017 15.00 1,653 Perm Mati: 0 15.00 0 Standard Spreads Const Matl: 18,200 15.00 2,730 Indirect Spread: Total less Sub Sub: 861,328 5.00 43,066 Markup Spread: Markup % Eq. Op. Exp: 8,017 15.00 1,203 Addon/Bond Spread: Total Co. Equip: 7,801 15.00 1,170 Rented Eq.: 0 15.00 0 Totals as of Last Spread Hauling: 0 15.00 0 Cost: Markup: Total: HAC Int. #: 0 15.00 0 Direct: 985,896 61,752 1,047,648 Plug #'s: 0 15.00 0 Indirect: 0 0 0 Overrides: 0 0 Addons: 2,649 0 2,649 Total: 985,895 6.26 61,752 Bond: 9,418 9,418 Subtotal: 997,963 61,752 1,059,715 Selected Bond Table: RC Pass Through: 0 0 Total: 997,963 61,752 1,059,715 20C Additional Mobilization for Geopier Sub =' Haas -Anderson Construction Ltd. HAC1343GEOPR Ground Improvements - Geopier/PCI Drew Cullen Activity Resource Desc Direct Cost Report Quantity Pcs Unit MH/Unit Unit Cost Page 1 06/23/2020 16:14 Perm Constr Equip Sub - Labor Material Matl/Exp Ment Contract Total BID ITEM = 10 Description = ADDITIONAL MOBILIZATION/GENERAL CONDITIO Unit = LS Takeoff Quan: 1.000 Engr Quan: 1.000 9999 eneral Conditions Quan: 2.00 MO Hrs/Shft: 8.00 CaI: SAL WC: TX0001 3ZEQMOVE 3ZFIELD 3ZMISC 3ZPOPICE 3ZWATER 3ZYDRNT ZGS ZPM ZSUPT ZSURVEY $77,700.00 Equipment Moves 1.00 Field Office and Utilities 1.00 Miscellaneous Costs 1.00 POP/Ice 1.00 Construction Water 1.00 Yard Rent 1.00 ==> General Superintend 1.00 ==> Project Manager 1.00 ==> Superintendent 1.00 ==> Survey Crew 1.00 > Item Totals: 10 $77,700.00 77,700.000 1 LS 1.00 EA 2.00 MO 2.00 MO 2.00 MO 2.00 MO 2.00 MO 2.00 MO 2.00 MO 2.00 MO 32.50 DAY 200.000 1,500.000 5,000.000 500.000 500.000 1,500.000 1,000.000 3,000.000 9,500.000 1,000.000 [l 2,000 6,000 19,000 32,500 59,500 200 3,000 10,000 1,000 1,000 3,000 18,200 **Unreviewed 200 3,000 10,000 1,000 1,000 3,000 2,000 6,000 19,000 32,500 77,700 - ADDITIONAL MOBILIZATION/GENERAL CONDITIO [ l 59,500 59,500.00 18,200 18,200.00 77,700 77,700.00 BID ITEM = 20 Description = GEOPIERS - SUBCONTRACTOR Unit = LS Takeoff Quan: 1.000 Engr Quan: 1.000 20A GEOPIERS - Sl !TI 1.00 LS `' Hrs!Shft: 9.00 Cal: STD WC: TX0001 4GEOPIERS Geopier - Subcontractor 1.00 .* ond`forGeopier 4GEOPIERS Geopier - Subcontractor 1.00 1.00 LS 1.00 LS 817,800.000 8,528.000 **Unreviewed 817,800 817,800 rslShft: 9.00 Cal: STD WC: TX00 **Unreviewed 8,528 8,528 .00 LS ' Hrs/Shft: 9.00 CaI: STD 4GEOPIERS Geopier - Subcontractor 1.00 1.00 LS 35,000.000 > Item Totals: 20 - GEOPIERS - SUBCONTRACTOR $861,328.00 861,328.000 1 LS **Unreviewed 35,000 35,000 861,328 861,328 861,328.00 861,328.00 BID ITEM = 30 Description = DOZER ASSISTANCE Unit = LS Takeoff Quan: 1.000 Engr Quan: 1.000 firs/Stift: 9.00 Cal: STD WC: TX0001 ZCREW 8DZD6 8TRWAT LC LU OMGF $32,797.22 (Mod) Crew on the Fly CAT D6 Dozer 1.00 Water Truck 3000gal 1.00 Laborer Common 1.00 Laborer Utility 1.00 Operator Motor Grader Fi 1.00 540.0000 MH/LS 180.00 CH 180.00 HR 180.00 HR 180.00 MH 180.00 MH 180.00 MH 540.00 MH > Item Totals: 30 - DOZER ASSISTANCE $32,797.22 540.0000 MH/LS 540.00 MH 32,797.220 1 LS Prod: 20.0000 S 61.680 26.201 12.600 3,711 14.700 4,329 30.350 8,938 [ 10953.96 ] 16,979 Lab Pcs: 3.00 11,102 4,716 15,819 **Unreviewed Eqp Pcs: 2.00 11,102 4,716 3,711 4,329 8,938 32,797 [ 10953.96 ] 16,979 16, 978.64 15,819 32,797 15,818.58 32,797.22 Haas -Anderson Construction Ltd. HAC1343GEOPR Ground Improvements - Geopier/PCI Drew Cullen Activity Resource Desc Page 2 06/23/2020 16:14 Direct Cost Report Quantity Unit Perm Constr Equip Sub- Pcs Unit MH/Unit Cost Labor Material Matl/Exp Ment Contract Total BID ITEM = 40 Description = FLAG FOR TRUCKS Unit = LS Takeoff Quan: 1.000 Engr Quan: 1.000 40A FLAG FOR TRUCKS Quan: 1.00 LS Hrs/Stift:. 9.00 Cal: STD WC: TX0001 **Unreviewed ZCREW (Mod) Crew on the Fly 585.00 CH Prod: 65.0000 S Lab Pcs: 1.00 Eqp Pcs: 0.00 LU Laborer Utility 1.00 585.00 MH 14.700 14,070 14,070 $14,070.33 585.0000 MH/LS 585.00 MH [ 9077.63 ] 14,070 14,070 > Item Totals: 40 - FLAG FOR TRUCKS $14,070.33 585.0000 MH/LS 585.00 MH 14,070.330 1 LS [ 9077.63 ] 14,070 14,070.33 14,070 14,070.33 BID ITEM = 100 Description = ADD ALTERNATE FOR ADDITIONAL MODULUS TES Unit = 'ADD ALTERNATE FOR ADDITIONAL MODUL' 4GEOPIERS Geopier- Subcontractor 1.00 1.00 LS 100E ' Additional Bond for Add Alternate 4GEOPIERS Geopier - Subcontractor 1.00 1.00 LS EA Takeoff Quan: 1.000 Engr Quan: 1.000 al:STD WCN 15, 000.000 Quan: 1.00 EA 'H 150.000 **Unreviewed 15,000 15,000 **Unreviewed 150 150 > Item Totals: 100 - ######### NON -ADDITIVE BIDITEM ######## $15,150.00 [ 15,150.000 1 EA 15,150 15,150 15,150.00 15,150.00 $985,895.55 *** Report Totals *** 1,125.00 MH 90,549 18,200 15,819 861,328 985,896 »> indicates Non Additive Activity Report Notes: The estimate was prepared with TAKEOFF Quantities. This report shows TAKEOFF Quantities with the resources. 'Unreviewed' Activities are marked. Bid Date: 06/26/20 Owner: Engineering Firm: Estimator -in -Charge: JOB NOTES Estimate created on: 06/23/2020 by User#: 1 - Drew Cullen Source estimate used: R:\HEAVYBID\EST\ESTMAST * on units of MH indicate average labor unit cost was used rather than base rate. [ ] in the Unit Cost Column = Labor Unit Cost Without Labor Burdens In equipment resources, rent % and EOE % not = 100% are represented as XXX%YYY where XXX=Rents and YYY=EOE% Calendar Codes 508 5 Eight Hour Days 510 5 Ten Hour Days 512 5 Twelve Hour Days 609 6 Nine Hour Days 610 6 Ten Hour Days 612 6 Twelve Hour Days SAL Salary Employees STD Standard HAC Workweek 509 (Default Calendar) GEOPIER Tensar To: Drew Cullen From: Dustin Douglas, P.E. Geopier Foundation Company 11479 Chasewood Drive Tyler, Texas 75703 Tel. 903-513-3524 ddouglas@geopier.com Company: Haas -Anderson Pages: 32 Re: Proposal for Installing a Geopiee System Park Road 22 Bridge Corpus Christi, Texas GFC Project No.: PTX -739 Date: June 19, 2020 CC: In combination with Peterson Contractors, Inc. (PCI), Geopier Foundation Company, Inc. is pleased to present this proposal for installing a Geopier° system for the above referenced project. Attached and included herein is a proposal for a scope of work based upon our review of the project bid documents and information provided. This proposal includes the following: • Installation of piers below retaining walls and embankments, • Mobilization and demobilization from the site, and • Geopier testing (modulus load test options included in PCI proposal). • See PCI proposal for list of full inclusions. Items not included in this proposal are: • Spoils removal, and • Surveying/layout of the piers in the field. • See PCI proposal for list of full exclusions. Technical Comments: • This proposal is based on a scope of work determined from our review of the structural drawing sheets included in Park Road 22 Bridge (Bond 2004) Rebid Revision 1 Addenda Changes Incorporated and Issued for Construction dated 1/2020, and geotechnical information from Raba Kistner dated 3/27/12, 5/9/12, 9/20/13, 1/13/14, and 10/25/16. • The project consists of providing embankment support, settlement control, bearing capacity, sliding coefficient and slope stability for embankments and retaining walls associated with construction of Park Road 22 Bridge. Project Description Emb. & MSE Wall STA. No. Borings Elev. (ft) Emb. Width (ft) Emb. Height (n) RW Height (ft) Max' Allowable Bearing Pressure' Service Bearing Pressure** (PO NB Emb. (SE Wingwall) 23+36 to 28+86 B-101, B-2, g 9, B-10 BTM of RW +0.67 115 (including NB and SB) 4.93 to 16.33 4.33 to 15.65 3,650 616 to 2,041 NB Emb. (NE Wingwall) 30+14 to 35+64 8-1. B-3, B 5 to B-7, B-11 5.33 to 16.33 4.49 to 15.65 3,650 666 to 2,041 SB Emb. (SW Wingwall) 25+86 to 28+86 B-101, B-2. B-4 B-8 B-9, B-10 BTM of RW: +0.67 10.53 to 16.33 10.04 to 15.65 3,650 1.316 to 2,041 SB Emb. (NW Wingwall) 30+14 to 33+74 B-1. B-3. B-5 to B-7. B-11 8.73 to 16.33 8.38 to 15.65 3.650 1 091 to 2,041 Used for bearing capacity evaluation " Used for settlement evaluation. Estimated by multiplying embankment height by fill unit weight of 125 pcf. geopier.com Park Road 22 Bridge Corpus Christi, Texas June 19, 2020 Page 2 of 2 • Based on our understanding of these documents, our scope of work is based on the following: o Global Stability: FOS >= 1.5 (Drained, Long Term) o Bearing Capacity: FOS >= 3 with allowable bearing pressure of 3,650 psf o Sliding Coefficient: 0.6 (Ultimate), 0.4 (Allowable) o Settlement (Post -Construction): Total: 1", Differential: 1" over 200' (in a direction parallel to the wall face) • Geopier is not responsible for differential settlement between Geopier supported structures and non-Geopier supported structures. • Site grading should take place prior to Geopier installations. Geopier installations should occur after the site has been stripped and grubbed, and prior to the beginning of fill placement. Geopier construction can begin after the geotechnical engineer of record has determined that site settlements due to the weight of any new grade -raise fill have achieved desired results. • Embankment fill should be placed and compacted as recommended by the project geotechnical engineer (assumed to be 95% of the maximum dry unit weight as per ASTM D-1557). Please provided a copy of the QC compaction test results for our files when available. • Fill materials should be clean and cohesive, placed and compacted per the project geotechnical engineer's recommendations for structural fill. Shot rock, rounded gravel, or clean sand should not be used. • If changes are made to the construction drawings, we will review our scope of work and proposal costs. Your contract will be with PCI, the licensed installer for this area. Please call Mr. Matt Van Heiden at PCI (319-345-2713 ext. 239) to determine the project start date and schedule. We look forward to working with you on this project. Please contact this office if you have any questions. Attachments: Proposal from Peterson Contractors, Inc. Geopier/PCI SOQ PETERSON CONTRACTORS, INC. ADDRESS REPLY TO: 104 BLACKHAWK STREET PHONE: (319) 345-2713 P.O. Box A REINBECK, IOWA 50669:` FAX: (319) 345-2658 HEAVY & HIGHWAY CONTRACTORS June 23, 2020 Drew Cullen Haas -Anderson Construction Inc 6367 Hopkins Rd Corpus Christi, TX 78409 Re: Geopier® Foundation System Park Road 22 Bridge - TX, Corpus Christi Dear Mr. Cullen, Peterson Contractors, Inc. (PCI) proposes to install Geopier® soil reinforcing elements for the above referenced project. This proposal is based on information presented in the geotechnical investigation report as well as the Geopier® design as performed by Geopier Foundation Company, Inc of Davidson, NC. The Geopier® design is based on the dated project information, provided by others, as indicated in the GFC cover letter included with this proposal. PCI is a licensed installer for the Geopier® system. This proposal is based on PCI providing all supervision, labor, equipment and materials to construct the Geopier® elements. It is assumed that the maximum over burden distance to the top of the pier will be two feet. One mobilization is included in this proposal, no meetings or onsite visits are included. One Geopier® modulus test is included in this quotation to verify design parameter values. This test is to be monitored by an approved geotechnical firm. Survey and layout for the Geopier® elements are to be provided by others. Spoils handling and removal from drilling operations is also by others. This proposal assumes soil drilling only. Soils that are not drillable for whatever reason are to be made drillable by others. Prevailing wages included. Permits, existing structure monitoring or protection, SWPPP, erosion controls, street sweeping, traffic control, utility relocations, and environmental restrictions are excluded. See Exhibit A for further terms and conditions. PCI has not included any COVID-19 contingencies, costs or schedule in our bid. Therefore, any costs, delays or impacts resulting from the same are not the responsibility of PCI. PCI does not provide professional liability insurance or design services. However, PCI has a contractual relationship with GFC for this design work and professional liability insurance can be provided by Geopier Foundation Company upon request. The aggregate used for this project will be as approved by the Geopier Foundation Company. This proposal is based on work to be performed during regular business hours, Monday through Friday with the understanding that PCI is an open shop company. As part of the general conditions, the Owner or General Contractor will furnish the items and agree to conditions as listed on the attached Exhibit A of this proposal at no charge to PCI. An insurance certificate will be furnished by PCI upon request. Terms of this proposal will remain firm until July 19, 2020. PCI requires at least 14 working days for contract review. Upon receipt of a signed Project: Park Road 22 Bridge - TX, Corpus Christi Geopier® Foundation System June 23, 2020 Page 2 of 3 and executed contract, PCI will arrange a schedule for this work. Notwithstanding any provision to the contrary, PCI's acceptance of any indemnity or insurance provision is specifically conditioned on the understanding that PCI's liability is limited to property damages and bodily injury losses to the extent caused by PCI during performance of its work, but not to the extent such losses are caused by others. Under no circumstances does PCI accept responsibility for consequential or incidental damages. PCI reserves the right to refuse to sign any agreement not in its best interest. This proposal is not to be construed as acceptance of any example or preliminary contract form that may have been included in the bidding documents. If selected, PCI will negotiate the terms of the contract for the work at a later time but before commencing with any work on the project. PCI can include additional insured forms upon request. A copy of these endorsements can be provided by emailing connie@pcius.com Peterson Contractors, Inc. proposes to perform the above mentioned work for the lump sum consideration of: Embankment / Retaining Wal Footing Support $ 817,800.00 /Lump Sum Add Alternate: Additional Modulus Testing $ 15,000.00 /Each Add Alternate: Additional Mobilization $ 35,000.00 /Each Add 1% to the above Lump Sum amount if PCI is to provide a performance and payment bond with standard language, such as an AIA, AGC, or similar format. If financials are requested in lieu of a bond, PCI will provide only if GC provides the same. No credit will be allowed for reduction in the stated quantity. The above pricing is considered a lump sum conditional upon acceptance of terms in Exhibit A. This pricing is based on the project design and bid documents available at bid time. If the project is modified or unforeseen conditions occur, PCI reserves the right to adjust its pricing. The opportunity to be considered for this work is appreciated and we look forward to being of service to you in the construction of this project. Please do not hesitate to contact us with questions regarding this proposal. Sincerely, PETERSON CONTRACTORS, INC. Matt Van Heiden, Project Manager Enclosures Project: Park Road 22 Bridge - TX, Corpus Christi Geopier® Foundation System June 23, 2020 Page 3 of 3 PETERSON CONTRACTORS, INC. EXHIBIT A 1. General Contractor shall provide all site grades within six inches of fmish subgrade elevations prior to aggregate pier installation work. 2. General Contractor shall provide access to site for wheeled and track aggregate pier equipment and shall keep site and access ramps (if any) trafficable for equipment. 3. General Contractor shall locate the center of all Geopier® elements with a wooden hub. The top of the hub should be 1" above the pad grade, painted with a neon color, and marked with the pier number on the top. In addition, a bottom of footing elevation must be provided at these locations for Geopier® construction as well as the pad elevation. 4. Completion of the project is anticipated within the durations provided by PCI. If PCI is delayed in the performance of their work, by an act or omission of the Contractor or Owner or other causes outside the control of PCI, the completion date will be extended accordingly and PCI will be compensated for all reasonable costs incurred due to such delays. Regardless of the reason, PCI shall not be liable for any indirect, incidental or consequential losses or damages suffered by owner or general contractor caused or resulting from delays in completion or otherwise. 5. In the event of any legal actions, the prevailing party will be entitled to attorney's fees. 6. General Contractor shall provide aggregate stockpile areas within 100 feet of installation areas and within excavations requiring Geopiers® elements (if any). Stockpile areas shall be large enough to hold at least six tandem dump truck loads of aggregate. 7. General Contractor/C.M. shall move and dispose of spoils from drilling operation. General Contractor/C.M. shall be responsible for site work, street sweeping, dust control, SWPPP, flaggers and traffic control. 8. General Contractor shall insure that excavations have safe wall slopes and working conditions in accordance with OSHA requirements. 9. General Contractor shall insure that site is properly drained (dewatered), maintained, and accessible to allow movement of wheeled and tracked construction equipment needed for Geopier® installation work, and to allow proper installation of Geopiers. 10. A stable working pad with a maximum slope of 2.5% is to be provided by others. 11. General Contractor shall remove any underground or above ground obstructions or unsuitable materials, and replace with suitable materials compacted to required or approved densities. This includes, but is not limited to, existing or new buried concrete, pipes, utilities, and etc. PCI is not responsible for, and shall be held harmless from, any liability from damage to subsurface structures, services and utilities where the exact location has not been previously established and physically shown to us in the field by excavation or other means acceptable to us. The GC or others will be responsible to determine if any below ground or above ground conflicts exist with our system. Modifications to these conflicts are required by others to remove the interference with the installation and performance of the Geopier® system prior to our project mobilization to avoid safety concerns, delays, or standby costs. 12. General Contractor shall compact exposed footing bottoms and exposed aggregate pier surfaces with hand -operated, mechanical compaction equipment after each footing excavation is completed and prior to placing steel or concrete. 13. Payment terms are net 30 days. PCI includes no excise, gross receipts or other special taxes. 14. Retainage for this project, if any, is not to exceed the General Contractors rate or a maximum of 10% of the value of the completed work, whichever is lower. Such retainage shall be reduced to 5% at completion of our work and total release no later than 6 months after our personnel leave the job site. If the contract amount is equal to or less than $200,000.00, PCI requires payment in full in 30 days from the date of our personnel leaving the jobsite. 15. General Contractor to provide adequate source or supply of water, within 200 feet of the aggregate stockpiles, for moisture control of graded aggregate. Garden hose supply volume is acceptable. 16. General Contractor/Owner shall provide geotechnical testing and any additional Geotechnical soil borings, if required, to delineate areas of questionable soils. General Contractor/Owner shall also provide observation services as a quality assurance (QA) overview for all Geopier installations as required. Project quality control (QC), as required by GFC, is included in our work. 17. its price. PCI assumes that the drilled holes will stand open without caving. If casing becomes necessary or is required, PCI reserves the right to adjust 18. General Contractor to furnish portable toilet facilities on site for PCI employees. 19. General Contractor acknowledges that PCI does not provide professional liability insurance or design services. However, PCI has a contractual relationship with GFC for this design work and professional liability insurance can be provided by Geopier® Foundation Company upon request. 20. If the soil conditions differ from those indicated in the project geotechnical report/information, a change of conditions price increase shall apply if the project soils require additional reinforcement beyond the scope of this proposal. This change of conditions increase shall also apply if these changes require different equipment, materials, or procedures as defined by us. June 19, 2020 Attn: Drew Cullen Haas -Anderson Construction Inc 6367 Hopkins Rd Corpus Christi, Texas 78409 RE: Park Road 22 Bridge Project, Corpus Christi, Texas Dear Mr. Cullen, GEOPIER® Tensar. Geopier Foundation Company, a leader in ground improvement is interested in working with you on the new Park Road 22 Bridge project, located in Corpus Christi, Texas. Geopier ground improvement technologies, such as Geopier° Rammed Aggregate Pier®, can be an efficient and cost-effective Intermediate Foundation° solution for the support of your structure. Over 10,000 structures worldwide have been supported on Geopier technologies. The enclosed documents will provide insight into our company history, available technologies, supported applications and display our large array of our ground improvement expertise. We look forward to hearing from you. Sincerely, Dustin Douglas, P.E. Geopier Foundation Company 903.513.3524 1 ddouglas@geopier.com 130 Harbour Place Drive, Suite 2801 Davidson, NC 28036 1(800) 371-74701 geopier.com GEOPIER Tensar Geopier is Ground Improvement° Geopier Foundation Company, a subsidiary of Tensar Corporation, developed the first Rammed Aggregate Pier° (RAP) in 1989. Now, Geopier is the industry leader in providing efficient, cost-effective Intermediate Foundation° solutions for the support of structures. Our systems have become effective replacements for massive over -excavation and replacement of deep foundation, including driven piles, drilled shafts or augured cast -in-place piles. Thousands of structures around the world are currently supported by Geopier technologies (see page 5 for a list of key projects). Geopier's goal is to bring you advanced, innovative ground improvement technology in a way that is easy to use every day. Geopier Rammed Aggregate Piers (RAPS), Rigid Inclusion and Slope Reinforcement products enable you to: - Improve variable fill soils in place - Replace deep foundations - Control settlement - Increase soil bearing capacities (800) 371-74701 geopier.com 2 GEOPIER Tensar Geopier Technologies With multiple systems available, Geopier is able to engineer support for virtually any soil type and ground water condition across many applications. Geopier Rammed Aggregate Pier systems are constructed by applying direct vertical ramming energy to densely compact successive thin lifts of high quality crushed rock to form high stiffness engineered elements. The vertical ramming action also increases the lateral stress and improves the soils surrounding the cavity, which results in foundation settlement control and greater bearing pressures for design. - GP3® system — The GP3 system uses replacement (drilled) Rammed Aggregate Pier elements to reinforce good to poor soils, including soft to stiff clay and silt, loose to dense sand, organic silt and peat, and variable, uncontrolled fill. - Impact® system — Using a displacement mandrel for loose sand, soft silt and clay, mixed soil layers, uncontrolled fill, contaminated soils and soils below the ground water table. - Rampact® system — Recommended for installation in soils subject to caving because construction is facilitated using a patented tamper displacement mandrel, eliminating casing risks and increasing installation productivity. (800) 371-74701 geopier.com 3 GEOPIER X1® system — A combination of both replacement and displacement methods, which allows for construction flexibility and the ability to build through caving zones that are encountered during drilling operations. Geopier Applications Geopier ground improvement systems have become preferred alternatives to massive overexcavation and replacement of deep foundations, including driven piles, drilled shafts or augured cast -in-place piles. With multiple systems that provide solutions for a wide range of soil conditions, Geopier provides engineered solutions for virtually any application. Foundations Floor Slabs Industrial Facilities & Storage Tanks MSE Walls & Embankment Support Slope Stabilization Uplift & Lateral Load Resistance (800) 371-74701 geopier.com Liquefaction Mitigation Wind and Energy 4 Transportation Applications Constructing MSE walls and embankments on weak or soft foundation soils can result in excessive settlement or inadequate factors of safety for global stability or bearing capacity. Geopier° systems increase the composite stiffness of the soft foundation soils and provide additional shear reinforcement that increases the factors of safety for bearing capacity and global stability. The high-strength of Geopier systems can also allow for heavy retaining wall loads to be efficiently transferred to an underlying stronger bearing stratum. The improved stiffness coupled with high strength of the Geopier foundation elements significantly reduces embankment and retaining wall settlement. The reduction in settlement magnitude can eliminate the need for staged embankment construction and reduces overall construction schedules while delivering superior performance. Geopier Experience GEOPIER Over 10,000 structures around the world are currently supported by Geopier technologies. Below is a list of MSE/Retaining wall projects that are supported on Geopier throughout Texas. PCI has been a licensed installer for Geopier for over 25 years. A more comprehensive list for the last five years can be found in the appendix. elements were installed to Westpark Tollway MSE Wall Support — Houston, TX Construction of a Mechanically Stabilized Earth (MSE) wall along the Westpark Tollway with maximum wall height of 23 feet. Medium stiff to stiff clay fill soils underlain by stiff clay and medium dense to dense sand. Average SPT N -values in the clay fill were seven blows per foot. The Geopier GP3° system was selected as a cost effective alternate to over excavation and replacement. Three rows of 16 foot long Geopier° elements were installed at spacings ranging from 7 to 11 feet on -center beneath the perimeter of the MSE wall to increase the factor of safety against global instability to 1.3 and to increase the allowable bearing pressure to 6,000 psf with a factor of safety of two beneath the wall. Additional Geopier met stringent construction and post -construction settlement magnitude criteria of less than two inches. Key Project Team: - Geotechnical Engineer: Tolunay-Wong Engineers, Inc. - General Contractor: MChampagne-Webber, Inc. (800) 371-74701 geopier.com 5 - Construction Manager: Turner, Collie & Braden, Inc. was GEOPIER Sienna Parkway MSE Wall — Missouri City, TX Construction of of a 31 foot tall Mechanically Stabilized Earth (MSE) wall to support the Sienna Parkway Bridge. Stiff to very stiff brown and gray clay with slit pockets to a depth of 11 feet. Below the upper clay layer, loose brown sandy silt with clay pockets. The Geopier GP3° system was selected to increase the global factor of safety to 1.3 and reduce long term embankment settlements from 15 inches to less than the project criteria of two inches. A 17 foot width zone Rammed Aggregate Pier° (RAP) system installed along the edge of the MSE wall to increase shearing resistance, while additional RAP elements were installed ten feet on -center beneath the midpoint of the wall to reduce settlement. A total of 490 Geopier° elements were installed on the project. Key Project Team: - Geotechnical Engineer: Tolunay-Wong Engineers, Inc. - General Contractor: Sienna/Johnson Development, L.P. - Structural Engineer: LJA Engineering & Surveying, Inc. 1.3, respectively. The modulus Loop 363 South Interchange — Temple, TX This project involved reconstruction of portions of Loop 363 to create a new highway interchange along Interstate 35, as well as widening nearby portions of Loop 363 to accommodate the traffic demand. A total of 905 Rammed Aggregate Pier° (RAP) elements with spacings that ranged from 4.75 to 8.5 feet on -center were installed beneath wall heights of 16 feet or greater. The factors of safety for bearing capacity and global stability were increased to greater than 2.0 and test results showed a total movement of 0.69 inches at a stress of more than 22,000 psf, indicating a pier stiffness greater than twice the assumed design value. Key Project Team: - Geotechnical Engineer: Tolunay-Wong Engineers, Inc. - General Contractor: Sienna/Johnson Development, L.P. - Structural Engineer: LJA Engineering & Surveying, Inc. (800) 371-74701 geopier.com 6 GEOPIER US 90 at SH 6 — Sugarland, TX This project consisted of the construction of providing support for several MSE walls located at the US90 and SH6 interchange. The Geopier GP3® system provided a cost-effective solution for this MSE wall project. A total of 1,411 Rammed Aggregate Pier® (RAP) elements with spacing that ranged from four to nine feet on -center were installed beneath wall heights of 14 feet or greater. As a result, the factors of safety for bearing capacity instability and global stability were increased to greater than 2.0 and 1.3, respectively as well as allowing rapid pore water pressure dissipation by radial drainage into RAP elements. Horizontal displacement at the base of the walls was measured to be less than one and a half inches. The modulus test results showed a total movement of 0.69 inches at a stress of more than 22,000 psf, indicating a pier stiffness greater than twice the assumed design value. Key Project Team: - Geotechnical Engineer: HVJ Associates - General Contractor: W.W. Webber, Inc. - Structural Engineer: Chiang Patel & Yerby (800) 371-74701 geopier.com 7 GEOPIER Key Personnel The Geopier leadership team for this project will design and construct a Geopier system for the Park Road 22 Bridge project that will exceed Haas -Anderson's and the owner's expectations for quality, safety, value, and performance. Our combined engineering and construction experience is unsurpassed in the industry. 116 Kord J. Wissmann, Ph.D., P.E., D.GE is president and chief engineer of Geopier Foundation Company. Since 1998, he has led the company to proving multiple innovative ground improvement technologies now deployed worldwide. He earned his BS and Doctorate degrees in civil engineering from Virginia Tech and a MS in civil engineering from the University of California, Berkeley. Resume attached to end of document. Brian C. Metcalfe, P.E. currently serves as vice president of engineering and has over 20 years of experience in the geotechnical engineering industry. Brian joined Geopier Foundation Company in 2005 and holds MS and BS degrees in civil engineering from Virginia Tech. Resume attached to end of document. Rupesh Kadam, P.E. is the area manager for the southern U.S. division and has over 10 years of experience in the geotechnical engineering industry. He is responsible for southern U.S. projects and responsible for technical training of region engineers and external training seminars for GFC. Rupesh completed his BS in Civil Engineering from Mumbai University in India and MS in Geotechnical Engineering at the University of Texas at Arlington. Dustin Douglas, P.E. is a Region Engineer for Geopier Foundation Company with over 12 years of experience in the geotechnical engineering industry. Dustin facilitates engineering design and marketing for Geopier Foundation Company in the states of Texas and Louisiana. He received his Bachelor of Science in Civil Engineering from the University of Texas in Tyler, Texas. Doug Clark, P.E. is a Geopier and structures division manager at Foundation Service Corporation (FSC) and is responsible for overseeing construction methods and development of new technologies. Doug joined FSC in 1990 and graduated from Iowa State University with a BS in construction engineering Matt Van Heiden is a senior project manager at Peterson Contractors, Inc (PCI). Matt joined PCI in 2013 and graduated from Iowa State University with a BS in Construction Engineering. (800) 371-74701 geopier.com 8 Appendix (800) 371-7470 I geopier.com GEOPIER 9 Tensar GEOPIER Tensar Below is a list of MSE/Embankment ground improvement projects that Geopier has completed over the last five years. Name City State/Province Campus Crest MSE Wall Tuscaloosa AL ALDOT 31 Street Bridge Birmingham AL F L Shuttlesworth Drive MSE Walls Birmingham AL ALDOT SR 21 Talladega AL ALDOT I-59 MSE Walls Birmingham AL 1-30 at Red River MSE Wall Fulton AR Towne Center Bridge Lathrop CA Laurel Creek MSE Walls Vista CA Crown Valley Community Park Tier 2 Laguna Niguel CA A1A Kings Road Improvements Jacksonville FL A1A Kings Road Improvements Jacksonville FL A1A Kings Road Improvements Jacksonville FL Cook Park Restroom Atlanta GA Cook Park Retaining Walls Atlanta GA Gateway Decatur Wall Decatur GA Home Depot Backyard Atlanta GA IADOT MSE Wall 5272 Extension Woodbury County IA IADOT BO 29 MSE Wall 5240 Sioux City IA IADOT I-29 Special Letting Woodbury Co IA IADOT BO#6 MSE Walls Linn County IA IADOT BO#6 MSE Walls Linn County IA IADOT B0102 Abutment Support Dubuque IA IADOT BO 15 Embankment Warren County IA IADOT BO #4 MSE Walls Johnson Co IA IADOT BO 25 MSE Walls Woodbury Co IA IADOT B09 MSE Walls Polk Co IA MSE Retaining Wall, Meacham Rd at 1-90 Cook Co IL NE Retaining Wall US34 over CNRR DuPage Co IL MLK Bridge MSE Wall: Design Fee East St Louis IL 1-90 Barrington Rd Retaining Walls Cook Co IL Longmeadow Parkway Widening Kane Co IL 1-90 Roadway Location 7 4206 Cook County IL Sunrise On The Monon Carmel IN Buffalo Street Boardwalk RW Warsaw IN Turner Diagonal West Ramps Retaining Wall Kansas City KS (800) 371-7470 geopier.com 10 Cambridge Turnpike Ph I -A Riverside Industries Bridge Replacement Washington Street Parking RW Principio Retaining Wall Repair Principio Retaining Wall Repair Old Harford Rd Retaining Walls 1-695 Widening Maryland 5 Branch Avenue Metro Access Purple Line Morse HS MSE TRU by Hilton Retaining Wall Cayuga Bridge 62610: Impact Canadian National Railway Slope Failure 144 MSE Walls Thurman Ave Farmington Retaining Wall 144 MSE Walls Kingshighway Blvd 1-93 SB Over Lowell Road Sunrise Senior Living RediRock Wall Mount Laurel Walmart Wall Tappan Zee Liquefaction -East Bound Jacksons Store TDOT SR 14 RW No 11 TDOT 1 24/1 124 Retaining Walls FastC Gabion Wall Along Bridge C 300 Blackwater Bridge Replacement Blackwater Bridge Replacement 1-66 & Rte 15 Interchange Reconstruction Millennium Arch Bridge No 2 Millennium Arch Bridge No 1 BNSF Kelso RR Task 5: Ph 1 Seaway Center Sheridan Slope Stabilization Sheridan -Buffalo Slide Repair GEOPIER Concord Easthampton Newton Perryville Perryville Baltimore Prince Georges Co Prince Georges Co Bath Novi Minneapolis Duluth St Louis Farmington St Louis Windham Summit Mt Laurel Rockland and Winchester Co Milwaukie Memphis Jackson Chattanooga Blackstone Rocky Mount Rocky Mount Haymarket Arlington Arlington Kelso Everett Sheridan Sheridan (800) 371-7470 geopier.com MA MA MA MD MD MD MD MD ME MI MN MN MO MO MO NH NJ NJ NY OR TN TN TN VA VA VA VA VA VA WA WA WY WY 11 Tensar AGENDA MEMORANDUM Action Item for the City Council Meeting of September 8, 2020 DATE: August 19, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 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 Construction Contract Award Park Road 22 Lift Station and Force Main (Bond 2004/2008) CAPTION: Motion awarding a construction contract to Bridges Specialties, Inc., of Robstown, Texas for the construction of the Park Road 22 Force Main and Lift Station in an amount of $3,405,572, located in City Council District 4, with funding available from the FY 2020 Wastewater Capital Reserve. SUMMARY: This motion approves a construction contract with Bridges Specialties, Inc., of Robstown, Texas for construction of the Park Road 22 Force Main and Lift Station. The construction project includes Installation of a new lift station and force main to replace a gravity sewer main that will be removed for constructing a canal. BACKGROUND AND FINDINGS: Park Rd 22 Bridge and Park Road 22 Lift Station and Force Main are approved Bond 2004 and2008 projects. Park Road 22 Bridge construction contract was approved by City Council on January 14, 2020. Prior to the construction of the bridge, there is an existing wastewater gravity main that lies along the Park Road 22 that needs to be removed. The scope of this construction contract is to install 5,260 linear feet of 16 -inches diameter plastic force main, 120 linear feet of 18 -inch diameter plastic gravity wastewater main, 90 linear feet of 8 -inch diameter plastic gravity wastewater main, a lift station, biofilter order control facility, 540 linear feet by 18 -foot wide asphalt pavement access road, a 934 linear feet of 15 -inch to 20 -inch diameter plastic gravity wastewater main by pipe bursting and a 125-killo watt emergency generator. The proposed lift station will be located on the northwest side of the canal which will extend east to connect with Lake Padre water body which is approximately 300ft. from the canal. The proposed force main will cross the golf course west/southwest to Dasmarinas Drive, then will along Dasmarinas Drive to connect to the collection system on Whitecap Boulevard. PROJECT TIMELINE: 2020 2021 J J AIS 0 ND J F M A Bid/ Award Construction Project schedule reflects City Council award in September 2020 with anticipated completion by April 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department and Engineering Services issued a Request for Bids. On September 4, 2019, the City received bids from six bidders. The City analyzed the bids in accordance with the contract documents and determined Bridges Specialties, Inc. is the lowest responsive and responsible bidder. Bridges Specialties, Inc. has successfully completed numerous City utility projects. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Bridges Specialties, Inc. $3,405,572.00 J.S. Haren Company $3,577,000.00 Persons Services Co, LLC. $3,618,933.00 Associated Construction Partners, Ltd. $3,732,094.00 Clark Pipeline Services, LLC. $3,771,970.90 Jhabores Construction Co, Inc. $4,201,979.40 Engineer's Opinion of Probable Construction Cost $3,664,000.00 The project was on -hold due to the uncertainty of Park Road 22 Bridge construction project happening and the delays caused by securing the easements required for the construction of the force main and lift station. Those issues have been resolved. The construction of the Park Road 22 Bridge will begin the second week of September and the required easement for the construction of the force main and the lift station have been secured. ALTERNATIVES: The alternative is not to award the construction contract to the low -bidder, Bridges Specialties, Inc. This would delay the developer project and the Park Road 22 Bridge project. FISCAL IMPACT: The fiscal impact in FY2020 is an amount of $3,405,572 for the award of this construction contract with funding available through the FY 2020 Wastewater Capital Reserve. This item proposes to award a construction contract to Bridges Specialties, Inc., in the amount of $3,405,572 for the construction of the Park Road 22 Force Main and Lift Station project. Project funds are approved and available through the FY 2020 Wastewater Capital Reserve. FUNDING DETAIL: Fund: Wastewater Capital Reserve (Fund 4510) Mission Elem: Wastewater Collection System (042) Project: Park Road 22 Lift Station and Force Main (Project No. 21002 - reference previous project number 6281) Account: Construction (Account #550910) Activity: 21002 -4510 -EXP Amount: $3,405,572 RECOMMENDATION: Staff recommends awarding the construction contract for the Park Road 22 Force Main and Lift Station project to Bridges Specialties, Inc., in the amount of $3,405,572. The construction duration is planned for 6 months from issuance of the Notice to Proceed to begin construction in October 2020. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Contract Q LOCATION VICINITY MAP NOT TO SCALE SCALE: N.T.S. PROJECT LOCATION _e 0 358 O LAGUNA v1ADRE PACK HA WHI'EC•P LOCATION MAP NOT TO SCALE 1 / Y EL GULF OF N EXICO PROJECT NUMBER: 6281 Park Road 22 Lift Station and Force Main CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Park Road 22 Lift Station and Force Main CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES # CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT PARK RD 22 LIFT STATION AND FORCE MAIN REBID PROJ. NO. 21002 CONTRACT NO. 3127 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 20 0840 Park Rd 22 Lift Sta Force Main DocuSign Envelope ID: DBD27391-1564-46E2-B331-3BA7E763B65C 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Bridges Specialties, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Park Road 22 Lift Station and Force Main (Bond 2004/2008) ReBid Project No. 6281 ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: J. Douglas McMullan, P.E. Urban Engineering 2725 Swantner Corpus Christi, Texas 78404 dougm@urganeng.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP — Asst. Director of Construction City of Corpus Christi — Engineering Services 4917 Holly Rd., Bldg. #5 Corpus Christi, TX 78411 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 180 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed Agreement [Insert Project Name and Number] 005223-1 Rev 7/2020 DocuSign Envelope ID: DBD27391-1564-46E2-B331-3BA7E763B65C and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 210 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 3,405,572.00 Agreement [Insert Project Name and Number] 005223-2 Rev 7/2020 DocuSign Envelope ID: DBD27391-1564-46E2-B331-3BA7E763B65C ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement [Insert Project Name and Number] 005223-3 Rev 7/2020 DocuSign Envelope ID: DBD27391-1564-46E2-B331-3BA7E763B65C ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement [Insert Project Name and Number] 005223-4 Rev 7/2020 DocuSign Envelope ID: DBD27391-1564-46E2-B331-3BA7E763B65C Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. b. List as necessary. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response, which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement [Insert Project Name and Number] 005223-5 Rev 7/2020 DocuSign Envelope ID: DBD27391-1564-46E2-B331-3BA7E763B65C ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES ATTEST Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Assistant City Attorney ATTEST (IF CORPORATION) (Seal Below) Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Agreement [Insert Project Name and Number] CITY OF CORPUS CHRISTI Michael Rodriguez Chief of Staff BY COUNCIL AUTHORIZED CONTRACTOR Bridges Sptaatj, ,a)nc. By: Title: vtuA,1 8/11/2020 �A34F7FA85DDB4A8... President 4233 FM 624 Address Robstown, TX 78380 City 361/387-2743 Phone Brian @bsitx.cc State Zip Fax EMail END OF SECTION 005223-6 Rev 7/2020 ARTICLE 12 — BID SUBMITTAL 12.01 This Bid is submitted by: Bidder: By: Bridges Specialties, Inc. (typ cqr printed full (le2}p! name of Bidder) i f l (individuals signature) Name: Brian Bridges (typed or printed) Title: President (typed or pted) Attest: (individual's signally State of Residency: ' Texas Federal Tax Id. No. 26-2666341 Address for giving notices: 4233 FM 624 Robstown, TX 78380 Phone: 361-387-2743 Email: Jason@bsitx.cc (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form Park Road 22 Lift Station and Force Main (Bond 2004/2008) REBID — Project No. 6281 003000-6 Rev 10/2018 00 30 01 BID FORM Project Name: Park Road 22 Lift Station and Force Main (Bond 2004/2008) REBID Project Number: 6281 Owner: City of Corpus Christi Bidder: gZID( S , edit}- /E5 LNC-. OAR: Moblilization Designer: Urban Engineering Basis of Bid Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid Part A - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Moblilization LS 1 ,3 c'0 3 / CX.D c A2 Bonds and Insurance LS 1 5,/ 00 �0 co0 A3 Pre -Construction Exploratory Excavation LS 1 /O‘ 000 /o I oc o A4 Storm Water Pollution Prevention Items LS 1 / 01 000 10 1 QDO SUBTOTAL PART A - GENERAL (Items Al thru A4) 100,00C) Part B - FORCE MAIN IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 16" DR 18 PVC C900 Force Main (Green) LF 4,220 (ps• xC7 7?4r 3ob B2 Install 16" DR 18 Fusible PVC Force Main by Horizontal Directional Drilling (Green) LF 1,050 2 (0 S 2:1 8, ZSo B3 Install Fusible PVC to PVC Connection EA 6 Zi 200 13, `.00A B4 16" D.I. 45 Degree Bends (MJ with MEGA LUG Joint Restraint Fittings) EA 11 21 UDo 2 2, coo B5 16" D.I. 22 1/2 Degree Bends (MJ with MEGA LUG Joint Restraint Fittings) EA 2 Z t 000 4 , ot70 B6 16 D.I. 11 1/4 Degree Bends (MJ with MEGA LUG Joint Restraint Fittings) EA 16 7 .S2 ()cob B7 16" Plug Valve and Valve Box (MJ with MEGA LUG Joint Restraint Fittings) EA 4 tUOO -7 t 500 .301 oo U B8 Air Release Valves and 5' Diameter Fiberglass Manhole EA 5 11 Soo S-7 , ca) B9 OSHA Trench Protection - Force Main LF 4,220 t l • S-0 (.p 330 e B10 OSHA Trench Protection - Structures and Bore Pits EA 8 , , Soo 12 000 B11 Well Pointing - Force Main LF 4,220 (S • 00 i (0 3. 3 o o B12 Well Pointing - Structures and Bore Pits EA 8 1 t 5000 1 2 coo B13 Demolish Existing Gravity Manhole LS 1 51 ()00 , 5, Doo B14 5' Diameter Fiberglass Manhole EA 1 , 0. 500 j O 50CD B15 Asphalt Pavement Repair (Existing Streets) SY 150 q0. 00 i , 3 Soo B16 Cement Stabilized Sand Back Fill (Existing Streets) TON 154 -70. 0p r lo—7 c(:::, B17 Concrete Sidewalk Repair SF 28 50 .00 1., Q.po B18 Concrete Curb and Gutter Repair LF 50 50 • o0 7, 5-00 B19 Seeding SY 6,613 (. DO ( CO 1 3 B20 Traffic Control LS 1 5,000 c 5 000 SUBTOTAL PART B - FORCE MAIN IMPROVEMENTS (Items B1 thru B20) g% (-7 --Z, Bid Form Park Road 22 Lift Station and Force Main (Bond 2004/2008) REBID - Project No. 6281 00 30 01 - Page 1 of 3 Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Part C - GRAVITY SEWER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 8" SDR 26 PVC Gravity Sewer (16-18 ft.) LF 90 / 80 t (Q ‘ZOJ C2 18" SDR 26 PVC Gravity Sewer (8-10 ft.) LF 40 t q s ---7 e B pp C3 18" SDR 26 PVC Gravity Sewer (16-18 ft.) LF 82 2355" 192-7 O C4 OSHA Trench Protection - Gravity Sewer LF 212 1 S 00 r 1 go 3 C5 OSHA Trench Protection - Structures and Bore Pits EA 4 t Ls-Gp f / - W t 000 C6 Well Pointing - Gravity Sewer LF 212 30.00 (pj 3(00 C7 Well Pointing - Structures and Bore Pits EA 4 1 t 5-00 (.0 OD C8 Tie -In to Existing Gravity Sewer Line with 5' Diameter Fiberglass Manhole LS 1 lot Ot9(- t ? O� OOv C9 5' Diameter Fiberglass Manholes EA 3 1 s, O 4 j,_(,) C10 Seeding SY 353 1,00 -3S-3 C11 Abandon Existing 15" Gravity Sewer LF 600 1 6,00 )pt 800 SUBTOTAL PART C - GRAVITY SEWER IMPROVEMENTS (Items Cl thru C11) (�'0'9(03 Part D - LIFT STATION IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 01 Lift Station Discharge Header, Piping, Valves and Fittings LS 1 `4-5, COC, 145-1C00 D2 15.5' Diameter Fiberglass Wet Well LS 1 4-4-0 c o 4.4-©t (cc D3 Pumps and Controls LS 1 7? 04 coo 2.20, pa::, D4 Flow Meter LS 1 9 SaD -1 05 Tie -In to Existing 16" Watermain LS 1 tO 000 15-00 10100o D6 1" and 2" SCH 80 PVC Water Line Improvements LS 1 e, s-oo Bt u D7 2" Water Meter EA 1 1 1 (q 00 D8 8" Concrete Access Road and Entrance SF 3,400 IG\QO I S".pp S 1 coo D9 6" Concrete 'L' Curb LF 130 3S .o0 t 4 , SSM) D10 7' Chainlink Security Fence w/ 3 Strand Barbwire and 18' Wide Rolling Access Gate LF 390 (ep .pp 23 4 ccD D11 OSHA Trench Protection and Shoring at Lift Station LS 1 1Oxx � t XR Opp C t D12 Well Pointing - Lift Station LS 1jf 000 7nt 000 D13 5' Diameter Fiberglass Manhole EA 1 30 OQo 30 RSO t D14 Site Grading LS 1 r ?1000 Z1 OLD D15 Vegetation Screen LF 390 Q. OO r q Op D16 Seeding SY 884 . 1 • 00 R4 - D17 Odor Control LS 1 LTk t00c> t. 8757Ob0 D18 Select Fill (Lift Station Site and Asphalt Access Road) CY 3,223 44_. 00 14 i . Sk Z D19 12" Type A Grade 1-2 Limestone Base SY 1,278 414 .r,D,„ S -7t SI 0 D20 3" Hot Mix Asphalt Concrete Pavement SY 1,150 3g. 00 43 ---io D21 Install 18" RCP Culvert (Incl. End Treatment) LF 40 Z SD t 0 IOC__ D22 Generator and Automatic Transfer Switch LS 1 1 7 ( COD 1 j mo o D23 SCADA and Electrical Improvements LS 1 { 1 tO iCOO ( e30 coo SUBTOTAL PART D - LIFT STATION IMPROVEMENTS (Items Di thru. Bid Form Park Road 22 Lift Station and Force Main (Bond 2004/2008) REBID - Project No. 6281 00 30 01 - Page 2 of 3 Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Part E - GRAVITY SEWER LINE "C" (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) El Installation of 20" DR 25 Fusible PVC Gravity Sewer by Pipe Bursting LF 934 3 Ej z. el g E2 Storm Water Pollution Prevention Items LS 1 St 7 S -t CO0 E3 OSHA Trench Protection - Structures and Bore Pits EA 5 215 -Do 121.•oo E4 Well Pointing - Struture and Bore Pits EA 5 1s t —] t S—Cj E5 Concrete Driveway Repair SF 400 j (D. 00 (0I 4 CD E6 Seeding SY 500 1 . Do Sou E7 5' Diameter Fiberglass Manhole EA 3 I S{ { 'xj 4s -t w SUBTOTAL PART E - GRAVITY SEWER LINE "C" (El THRU E7) 3-7 780 Part F - ALLOWANCES (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) F1 Mandatory Utility Allowance LS 1 $ 30,000.00 3i coc7 F2 Mandatory AEP Cost Allowance LS 1 $ 10,000.00 \ C� DOo SUBTOTAL PART F - ALLOWANCES (F1 THRU F2) t 40 000 BID SUMMARY SUBTOTAL PART A - GENERAL (Items Al thru A4) t cot dcc SUBTOTAL PART B - FORCE MAIN IMPROVEMENTS (Items B1 thru B20) Q)(0Ot l-7 3 SUBTOTAL PART C - GRAVITY SEWER IMPROVEMENTS (Items C1 thru C11) t 4D , co SUBTOTAL PART D - LIFT STATION IMPROVEMENTS (Items D1 thru D23) t t Sec;'), (4,s(p SUBTOTAL PART E - GRAVITY SEWER LINE "C" (Items El thru E7) S1 S", —] Bo SUBTOTAL PART F - ALLOWANCES (Items F1 thru F2) 4 t 00 v TOTAL PROJECT BASE BID (PARTS A THRU F) 3, 405 5-� 2 , oo Bid Form 00 30 01 - Page 3 of 3 Park Road 22 Lift Station and Force Main (Bond 2004/2008) REBID - Project No. 6281 Rev 10/2018 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 15, 2020 DATE: TO: August 31, 2020 Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 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 Professional Services Contract Amendment No. 1 Whitecap Wastewater Treatment Plant Improvements CAPTION: Motion recommending City Council approval of Amendment No. 1 to Lockwood, Andrews & Newman, Inc., Corpus Christi, Texas to provide engineering design, bid and construction phase services for the Whitecap Wastewater Treatment Plant Improvements in an amount of $906,888 for a total contract value not to exceed $956,188, located in City Council District 4, with funds available from the FY 2020 Wastewater Capital Improvement Program Budget. SUMMARY: This motion recommends City Council approval of Amendment No. 1 for professional services contract with Lockwood, Andrews & Newman, Inc., (LAN) to provide engineering design, bid and construction phase services associated with the Whitecap Wastewater Treatment Plant Improvements project. BACKGROUND AND FINDINGS: The Whitecap Wastewater Treatment Plant (WWTP) was originally constructed in 1974 as a traditional activated sludge wastewater treatment plant with a capacity of 0.5 million gallons per day (MGD) to serve the residents of North Padre Island. The plant was expanded in 1991 to increase capacity to 0.8 MGD. The last expansion occurred in 1997 that permitted for an average daily flow of 2.5 MGD and a 2 -hour peak flow of 7.5 MGD. The WWTP suffers from significant equipment condition deficiencies and antiquated equipment. Major systems upgrades are required to ensure compliance with the plant's effluent (treated wastewater) quality standards set by the Texas Commission on Environmental Quality (TCEQ) A small contract was approved in August 2018 to allow for condition assessment and WWTP performance evaluation activities. The condition assessment was completed in May 2019. This amendment covers the detailed engineering design, permitting, bid document preparation, and construction phase services required to complete the Whitecap WWTP upgrades. Plant elements that will receive upgrades under this design and construction contract include: • Bar Screen Building (Headworks) • Influent Lift Station • Grit Removal • Aeration Basins • Secondary Clarifier #1 • Secondary Clarifier #2 • RAS / WAS Sludge Pump Station • Aerobic Digesters • Blower House #1 (Feeds Digesters) • Solids Handling Facility PROJECT TIMELINE: 2020 - 2021 2021 2022 - 2024 Sept - Aug S 0 N D January -January Bid/Award Project schedule reflects City Council award of Amendment No. 1 in September 2020 with anticipated design completion in August 2021. Upon completion of the design, construction work will be bid. COMPETITIVE SOLICITATION PROCESS: LAN was selected under Group B -Utility Projects for RFQ 2018-01 in April 2018.LAN was selected as the most qualified of nine applicants for this project. Whitecap Wastewater Treatment Plant Improvements was one of fifteen projects announced under the Group B -Utilities Projects Category of the RFQ. The selection committee was comprised with representatives from the Utilities Department and Engineering Services Departments. Firms were ranked 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: Not awarding the contract amendment for professional services to LAN will delay necessary improvements to the Whitecap Wastewater Treatment Plant and may affect the ability to meet the operational and regulatory requirements. FINANCIAL IMPACT: This fiscal impact for FY 2020 is an amount of $906,888 for a total contract amount not to exceed $956,188, with funds available from FY 2020 Wastewater Capital Improvement Program Budget. FUNDING DETAIL: Fund: Wastewater Capital Reserve (Fund 4510) Mission Elem: Wastewater Collection System (042) Project: Whitecap Wastewater Treatment Plant Improvements (18087A) Account: 550950 Design Activity: 18087 -A -4510 -EXP Amount: $906,888 The funds budgeted for this project in Capital Improvement Program (CIP) for FY 2021 will be revised to show total funding in the Design category. RECOMMENDATION: Staff recommends approval of the professional services amendment contract with LAN in the amount of $906,888 for the Whitecap Wastewater Treatment Plant Improvements. The design phase will begin in September 2020 with completion planned in August 2021. The construction is planned to start in January 2022 with completion in January 2024. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Contract vc1 SCALE: N.T.S. CORKS PM Bff Project Location L= v VICINITY MAP NOT TO SCALE \A ADRE wra PA\CKE Y CHA/\� EL Project Location LOCATION MAP NOT TO SCALE GJ_F OF v-XICO Project Number: 18087A WHITECAP WWTP IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES a' N SCALE: N.T.S. PROJECT LOCATION WHITECAP BLVD. NOT TO SCALE Project Number: 18087A WHITECAP WWTP IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 to the CONTRACT FOR PROFESSIONAL SERVICES 18087A — Whitecap Wastewater Treatment Plant Improvements The City of Corpus Christi, Texas, hereinafter called "CITY," and Lockwood, Andrews & Newnam, Inc., hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services Whitecap Wastewater Treatment Plant (WWTP) Improvements (Project No. 18087A as authorized and administratively amended by: Original Contract August 8, 2018 Administrative Approval $49,300.00 IN THE ORIGINAL CONTRACT, EXHIBIT A, SCOPE OF SERVICES, shall be modified as shown in the attached Exhibit A. IN THE ORIGINAL CONTRACT, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $906,888.00 for a total revised fee not to exceed $956,188.00. All other terms and conditions of the August 8, 2018 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI LOCKWOOD, ANDREWS & NEWNAM, INC. ,-DocuSigned by sem, a. t(.b, %4elt2020 -s-A+EFAA2 eoA -4 13 Michael Rodriguez Date Steven A. Gilbreath, P.E. Date Chief of Staff 500 N. Shoreline, Suite 905 Corpus Christi, TX 78401 (361) 882-2257 Office smharris@Ian-inc.com APPROVED AS TO FORM Legal Department Date ATTEST City Secretary Date DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 Attachment A Scope of Services & Fee Estimate Whitecap WWTP Improvements SITUATION: According to the 2018-2019 City of Corpus Christi's Capital Improvement Plan, this project will provide for improvements to the Whitecap WWTP influent lift station/headworks, aeration basins, and clarifiers. The influent lift station/headworks includes replacing the bar screens and installation of a new grit removal system and replacement of the existing dry pit influent pumps and piping. The project also includes: rehabilitation of the aeration basin diffusers and air piping; rehabilitation of clarifiers 1 and 2, including necessary electrical and lighting improvements; replacement of the existing belt filter press system; and adding necessary facilities, specifically a portable centrifuge or other dewatering equipment. The Whitecap Wastewater Treatment Plant (WWTP) was originally constructed in 1974 as a traditional Activated Sludge (AS) wastewater treatment plant with the capacity of 0.5 million gallons per day (MGD) to serve the residents of Padre Island. The plant was expanded in 1991 to 0.8 MGD followed by another expansion in 1997 to a capacity of 2.5 MGD. The plant continues to operate as a traditional Activated Sludge (AS) wastewater treatment plant permitted for an average daily flow of 2.5 MGD with a 2 -hour peak hourly flow 7.5 MGD. On August 9, 2018 LAN was contracted by the City of Corpus Christi (City) to provide a Preliminary Engineering Report (PER) to assess existing conditions and make recommendations for proposed improvements. The PER included a summary of observations, an evaluation of existing plant unit processes, summary of facility deficiencies and needed improvements, recommendations for improvements, and preliminary opinions of probable costs. The final PER was delivered to the City of Corpus Christi on May 24, 2019. The Preliminary Engineering Report identified several operational and maintenance, facilities, and energy savings improvements at the Whitecap WWTP. The unit processes identified in the PER for improvements include: • Bar Screen Building • Influent Lift Station/Headworks • Aeration Basins and Blowers • Secondary Clarifier #1 • Secondary Clarifier #2 • RAS / WAS Pump Station • Aerobic Digesters and Blowers • Solids Handling Facility Additionally, the Plant currently does not have a grit removal system. Grit removal is an invaluable asset to any plant and should be considered necessary for plants that serve coastal communities. Due to the location of the plant on Padre Island, significant amounts of sand and grit enter the collection system 1 EXHIBIT A Page 1 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 and are conveyed to the headworks in the influent flow. Without a grit removal system at the headworks, grit makes its way through the plant processes and settles out in channels and basins, reducing their effective treatment volume and capacity. Grit also causes premature wear and failure of mechanical equipment. This project will add a new grit removal system consisting of fine screening, hydraulically induced vortex grit chamber, and grit concentrator / classifier with conveyor. Summary of Proposed Improvements: Bar Screen Building • The building will be demolished down to the foundation / slab. • Remove existing climber screen and conveyor and replace with a continuously raked, 1/4 -inch fine screen. • Install a new screenings conveyor that will include a covered washer compactor to reduce vectors and odors. • Install a second continuous -raked % inch fine screen for redundancy. • Both screens and equipment will be enclosed allowing for a separation between the vapor space of the raw wastewater and the at -grade work area. • Both screens and equipment will be connected to the existing odor control system to mitigate odors and reduce nuisance odor complaints from surrounding residents. • Upgrade electrical and controls as necessary for new equipment and move all controls to the new ECR building. • A new canopy structure will be installed over the equipment which will include a screening wall to block the view of the equipment from the neighborhood. Influent Lift Station • Replacement of the three existing drive shaft dry well pumps and the existing monorail system. • Replace existing dry well pumps with Flygt N -series pumps or equivalent. • Install concrete protective coating system in the wet well / dry well. • Install a new movable jib crane inside building. Abandon in place the existing monorail crane. • Concrete ramp and loading dock on the exterior of the building. • Pump Platforms (steel walkway) at pump level & concrete pads for new pumps to support submersible pumps • Connection of the lift station facility to the proposed Odor Control system to mitigate odors, reduce nuisance odor complaints from surrounding residents, and reduce the potential for corrosion of equipment and materials within the building. • Install electromagnetic flow meters downstream of the pumps and include a chart recorder in the ECR for the new meters. Proposed Grit Removal System • Construction of a new hydraulically induced grit removal system with grit concentrator, classifier, and conveyor. • Includes associated piping, valves, gates, channels, basins, access stairs, electrical, controls, slab on grade, and other miscellaneous improvements for a complete working system. • Yard piping and valve modifications to accommodate new facility. • Slab on grade type foundation to support the new hydraulically induced grit removal system. 2 EXHIBIT A Page 2 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 • A new canopy structure will be installed over the equipment which will include a screening wall to block the view of the equipment from the neighborhood. Aeration and Clarifier Distribution Structures • Replace existing weirs on the aeration distribution structure to even the flow between the two aeration tanks. • Replace all existing crank handle sluice gate actuators with wheel actuators and new gear reducer actuators on both distribution structures and those located on the aeration basin structure. • Replace sluice gates, stems and stem guides as required on both distribution structures and the aeration basin structure. Aeration Basin • Install a new DO control system for improved aeration control and energy savings. • Replace the orifice meters with mass air flow meters, a newer technology. These meters would be strategically located along with new DO control to provide for proper blower control. • Replace the air piping and diffusers within the basin as needed. • Modify the basin effluent weirs to improve flow spit between basins. NOTE: LAN will evaluate the best method to modify the weirs during preliminary design. • Coat, patch / repair concrete basins, where necessary. • Replace electrical conduit, where necessary. Blower Houses and Air Supply System • Evaluate possible connection (for redundancy) of the two blower houses during preliminary design. • Provide for the procurement of a spare blower and motor for the plant to use a stand-by in the event that the existing equipment becomes inoperable. Secondary Clarifier #1 (Flat Bottom) • Re -coat or replace the interior clarifier mechanism's, as necessary. • Repair the clarifier effluent boxes. • Repair / replace the stairs. Secondary Clarifier #2 (Sloped Bottom) • Remove and replace existing standard rake and replace with a spiral rake only. • Re -coat or replace the additional interior clarifier mechanism's, as necessary. • Repair the clarifier effluent boxes and repair/replace stairs, if necessary. RAS / WAS Pumping System • Replace the existing RAS Pumps with Flygt N -series pumps or equivalent. Aerobic Digesters • Add an interior wall to create a separate mixing zone. • Install jet mixers or mixing aerators where mechanical energy is used for mixing and air is provided at a rate needed for endogenous respiration. This encourages the nitrification / denitrification process allowing energy to be reduced. • Install a gravity sludge pre -thickener inside existing structure. 3 EXHIBIT A Page 3 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 • Add post -thickener process equipment • Replace air diffusers, as necessary. Solids Handling Building • Demolition of the wood framed control room to accommodate a drive-thru access in the bay for sludge disposal trucks and use of larger dumpsters (9Y or 12Y). • Replace the belt press access platforms with stainless steel platforms. • Compare the cost to refurbish the existing belt press to the cost of purchasing ring press units, similar to the work performed at the Allison plant. • Replace the existing belt filter press equipment, if necessary. • Modify piping and interior of the building to accommodate a second belt press. BASIC SERVICES: LAN proposes the following BASIC SERVICES tasks: • Task 1— Preliminary Engineering / Design Criteria • Task 2 — 60% Design Services • Task 3 — 90% Design Services • Task 4 — 100% Design Services • Task 5 — Bid Phase Services • Task 6 — Construction Phase Services Task 1— Preliminary Engineering / Basis of Design 1. Participate in one (1) Project Kick-off Meeting and prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. The intent of this meeting is to complete a "Design Concept Review" based on the outcomes of the May 2019 Preliminary Engineering Report. A minimum this meeting will include: Engineering Services Project Manager; Director of Wastewater Utilities, Treatment Supervisor, and Plant Supervisor. 2. Operational and Maintenance Requirements - Coordinate with the City's Project Manager, Utility Department, and Whitecap WWTP Operations and Maintenance staff to identify needs and key coordination events, including construction phasing and bypass operations. 3. Governmental Requirements / Permitting - Identify and analyze requirements of governmental authorities (TCEQ, etc.) having jurisdiction to approve design of the Project including permitting, environmental, and construction and assist the City's Project Manager with coordination efforts with those agencies. 4. Provide coordination services concerning the geotechnical and concrete non- destructive/destructive testing requirements for the project. It is assumed the City will select and contract with the geotechnical/testing engineer, licensed in the State of Texas. LAN will provide the following during this coordination: • Once proposed site plan for new facilities has been approved by the City, LAN will prepare a boring plan showing locations of recommended borings. 4 EXHIBIT A Page 4 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 • Provide scope of work (in an electronic mail format) for the field exploration, laboratory testing and geotechnical analysis for input into the City prepared scope of work document. 5. Topographic / Hydraulic Data Collection — LAN will collect limited topographic data including locations (X,Y,Z) of plant infrastructure to confirm elevations of at key points within unit process structures and facilities (e.g. top of wall, bottom of basin, weir crests, channel inverts, pipe inverts, etc.) in the plant in order to assist with determining the hydraulic profile. 6. Preliminary Structural Engineering • Establish design criteria based on applicable national, state and local codes and standards, as deemed appropriate for the development of the construction documents. • Review of the geotechnical engineering report prepared for the specific site and consultation with the geotechnical engineer as necessary to ensure LAN's interpretation of the report is appropriate and accurate. • Evaluation of code -required environmental loads imposed by wind, flood, and/or seismic events • Limited Structural Condition Assessment - visual observations only except where specifically noted in the process improvement items. • Specify a testing plan including Non -Destructive Testing (NDT) & limited Destructive Testing (DT) as necessary to develop construction documents. 7. Process Diagrams - LAN will review current processes and controls and prepare a preliminary Piping & Instrumentation Diagram (P&ID) which shows the piping and process equipment together with the instrumentation and control devices. LAN will also prepare a preliminary Process Flow Diagram (PFD) which will graphically show the general flow of wastewater through the treatment plant unit processes and equipment. The PFD will indicate the relationship between major equipment of a WWTP facilities and include design flow rates, loadings, and capacities. 8. Mechanical/Electrical/Process Analysis and Design — LAN will complete engineering design of the proposed improvements listed above. This task includes the use of software or calculations that will be documented via hand-written notes, drawings, exhibits, sketches, etc. Tasks will include: a. Influent Lift Station — Pump System Design / Calculations for New Pumps b. Grit Removal System Sizing & Screening c. Modifications to the Effluent Weirs at the Aeration Basin d. Evaluate connecting the two blower houses at the plant and provide a redundant air supply for the plant. e. Evaluate the electrical power requirements for the proposed equipment and electrical safety and code requirements to accommodate the proposed improvements. 9. Equipment Selection — LAN will consult with City of Corpus Christi staff to determine acceptable manufacturers of proposed equipment. LAN will then contact appropriate equipment vendors and request specifications, cut sheets, preliminary drawings, and budgetary costs for proposed equipment. LAN will document the equipment that will be included, as part of the final design. 5 EXHIBIT A Page 5 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 10. Plant Hydraulics - LAN will complete hydraulic calculations to establish the proposed preliminary hydraulic profile of the plant. Calculations will be performed using a combination of industry standard software, hand written calculations, and MS Excel spreadsheets. 11. Opinion of Probable Construction Costs (OPCC) — LAN will revise and update the opinion of probable construction costs delivered as part of the May 24, 2019 PER. 12. Design Progress Workshop — LAN will participate in one (1) Design Progress Workshop prior to delivery of the DRAFT Basis of Design Report with the Utilities Department and Whitecap WWTP staff. Due to the various unit processes and multiple disciplines involved in this project, LAN is assuming two days for this task. The main purpose of the meeting is to stimulate discussion between City personnel and the design team (all design discipline leads) to make sure our team has thought of everything and have all major design decisions accepted by the City so that LAN can progress with the final design efficiently. The driver/benefit of this is to avoid costly re -work and to maintain schedule and budget. LAN will prepare a meeting presentation (PPT), agenda, and distribute meeting minutes to attendees within five working days of the meeting. 13. Basis of Design Report - LAN will complete a Draft Basis of Design Report that includes the results of the preliminary engineering designs, analyses, hydraulic calculations, structural condition assessment & design requirements including interpretation of testing results provided by testing laboratory contracted by City of Corpus Christi as described in item 6 above, construction phasing & bypassing requirements, and selection of equipment. 14. 30% Construction Drawings - LAN will prepare applicable 30% Construction Drawings improvements listed above under this task. 30% drawings (22 sheets) will include: a. Overall Site Plan b. Yard Piping Plan c. Process Flow Diagram d. Process & Instrumentation Diagram e. Hydraulic Profile f. Bar Screen Building — Overall Plan (2 Sheets) g. Influent Lift Station — Overall Plan (2 Sheets) h. Grit Removal System — Overall Site Plan i. Grit Removal System — Sections / Elevations (2 Sheets) j. Aeration Basin Process Improvements (3 Sheets) k. Secondary Clarifier Improvements (2 Sheets) I. Aerobic Digester Process Improvements — Overall Plan (2 Sheets) m. Solids Handling — Overall Plan (3 Sheets) for the 15. Quality Control / Fatal Flaw Review & 30% Deliverable — Per LAN Quality Assurance / Quality Control program we will include a detailed internal fatal flaw analysis at the conclusion of this task. This review will be led by our Water/Wastewater Practice Leader. LAN will address internal comments and deliver a 30% set of deliverables to the client which include: a. Progress Workshop Presentation / Minutes / Notes b. Basis of Design Report c. 30% Construction Drawings 6 EXHIBIT A Page 6 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 d. 30% OPCC e. Executive Summary f. City of Corpus Christi Design Review Checklist 16. City of Corpus Christi Review Meeting - At the conclusion of the tasks above, it is assumed the City will review the LAN submittal and provide comments and those comments will be incorporated into the 60% Design Phase. As part of this task, LAN will attend one (1) project review meeting with City staff to review and receive City comments on the deliverables. Any significant modifications or additions to the work will be addressed at this time. Task 2 — 60% Final Design Services 1. Participate in one (1) Project Progress Meeting with Utilities Department and Whitecap WWTP staff prior to commencement of 60% Design to confirm the results of the Basis of Design Report. LAN will prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. 2. Structural Engineering - LAN will complete structural engineering, analysis, and design to accommodate the proposed improvements. This task includes: • Preparation of calculations for the development of construction documents. • Preparation of structural construction drawings (AutoCAD format) and specifications in one, (1) deliverable package. • Preparation of an opinion of probable construction cost for the process improvements. • The construction drawings will include plans, sections and details. • The technical specifications will be prepared and will include reference to applicable municipal or client standard specifications, if any. 3. Final Basis of Design Report - LAN will assimilate City review comments and provide one (1) Final Report (electronic and hard copies using City Standards as applicable) suitable for reproduction. 4. 60% Construction Drawings - LAN will prepare applicable Construction Drawings for the improvements listed above under this task. LAN will bring the 30% drawings up to 60% level and include the following as part of this deliverable (55 additional sheets): • Cover Sheet • Drawing Index • Testing Schedule / Estimate of Quantities • General Notes • Stormwater Pollution Prevention Plan • Yard Piping Profile • Bar Screen Building — Demolition Plan • Bar Screen Building — Detailed Plan • Bar Screen Building — Sections and Details • Influent Lift Station — Detailed Plan • Influent Lift Station — Sections and Details (2 Sheets) • Grit Removal System — Detailed Site Plans • Grit Removal System — Details (2 Sheets) 7 EXHIBIT A Page 7 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 • Aeration Basin Process Improvements Sections and Details • Secondary Clarifier #1— Detailed Plan • Secondary Clarifier #1— Sections and Details (2 Sheets) • Secondary Clarifier #2 — Detailed Plan • Secondary Clarifier #2 — Sections and Details (2 Sheets) • RAS/WAS Pump System Improvements • Aerobic Digester Process Improvements — Detailed Plan • Aerobic Digester Process Improvements — Sections and Details (3 Sheets) • Solids Handling — Detailed Plan • Solids Handling — Sections and Details (2 Sheets) • Structural General Notes (2 sheets) • Structural Typical Details (5 sheets) • Bar Screen Building Canopy Plan • Bar Screen Building Sections and Details (2 Sheets) • Lift Station Structural Plan (2 sheets) • Lift Station Structural Sections and Details (3 sheets) • Grit Removal System - Foundation Plan • Grit Removal System —Structural Sections and Details (2 Sheets) • Aerobic Digesters — Structural Plan • Aerobic Digesters — Structural Sections and Details (2 Sheets) • Bar Screen Building - Electrical / Instrumentation Plan • Lift Station - Electrical / Instrumentation Plan • Grit Removal System - Electrical / Instrumentation Plan • Aeration Basin Electrical / Instrumentation Plan • Aerobic Digester - Electrical / Instrumentation Plan • Solids Handling - Electrical / Instrumentation Plan 5. Technical Specifications — LAN will prepare a list of technical specifications (Part T of the City Standard Construction Documents) for those sections required for the project that are NOT included in the standard specifications from the City of Corpus Christi, including but not limited to mechanical, structural, and electrical equipment sections. 6. Contract Documents — LAN will prepare a 60% Bid Form in City of Corpus Christi standard format for the bid items associated with the proposed improvements. 7. Opinion of Probable Construction Costs — LAN will update the preliminary design opinion of probable construction costs to the 60% level. 8. Conduct Internal Quality Control (QC) Review — LAN will complete quality control checks in accordance with our internal quality control plan which includes: plans, specifications, calculations, and all written and/or electronic deliverables. 9. City of Corpus Christi Review Meeting - At the conclusion of the tasks above, it is assumed the City will review the LAN submittal and provide comments to LAN. Those comments will be incorporated into the 90% Design Deliverable. LAN will attend one (1) project review meeting 8 EXHIBIT A Page 8 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 with City staff to review and receive City comments on the 60% Design. Any significant modifications or additions to the work will be addressed at this time. Task 3 — 90% Final Design Services 1. 90% Construction Drawings - LAN will address the comments received at the conclusion of the 60% deliverable and prepare Construction Drawings under this task to 90% level. Civil, Mechanical, Electrical, and Structural standard details (not included in 60% submittal) will be included (approximately 10 additional sheets). 2. Prepare Contract Documents — LAN will review City of Corpus Christi standard contract documents, general requirements, and standard specifications (Part S) and complete those sections that require project specific input. 3. Prepare and Submit TCEQ Letter — LAN will prepare and submit a "Project Summary Letter" to the Texas Commission on Environmental Quality (TCEQ) in support of this project. 4. Technical Specifications — LAN will develop the technical specifications (Part T) for those sections required for the project that are NOT included in the standard specifications from the City of Corpus Christi including but not limited to mechanical, structural, and electrical equipment sections. 5. Opinion of Probable Construction Costs — LAN will update the 60% opinion of probable construction costs to the 90% level. 6. Conduct Internal Quality Control (QC) Review — LAN will complete quality control checks in accordance with our internal quality control plan which includes: plans, specifications, calculations, and all written and/or electronic deliverables. 7. City of Corpus Christi Review Meeting - At the conclusion of the tasks above, it is assumed the City will review the LAN submittal and provide comments to LAN. Those comments will be incorporated into the 100% Design Deliverable. LAN will attend one (1) project review meeting with City staff to review and receive City comments on the 90% Design. Any significant modifications or additions to the work will be addressed at this time. Task 4 — 100% Final Design Services 1. 100% Construction Drawings - LAN will address the comments received at the conclusion of the 90% submittal and finalize the Construction Drawings under this task to 100% level, ready to be Issued for Bid (IFB). 2. Finalize Contract Documents — LAN will finalize those sections of the City of Corpus Christi standard contract documents, general requirements, and standard specifications (Part S) that require project specific input. 3. Technical Specifications — LAN will finalize the technical specifications (Part T) to 100% level. 9 EXHIBIT A Page 9 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 4. Opinion of Probable Construction Costs — LAN will finalize the opinion of probable construction costs. 5. Conduct Internal Quality Control (QC) Review — LAN will complete quality control checks in accordance with our internal quality control plan which includes: plans, specifications, calculations, and all written and/or electronic deliverables. 6. City of Corpus Christi Review Meeting - At the conclusion of the tasks above, it is assumed the City will review the LAN submittal and provide comments to LAN. LAN will receive and address those comments and prepare the FINAL Issued for Bid (IFB) Documents. Task 5 — Bid Phase Services 1. LAN will participate in one (1) pre-bid conference to discuss scope of work and to answer scope questions. It is assumed that the City of Corpus Christi will prepare the meeting agenda and minutes. 2. Review all questions concerning the bid documents and prepare revisions to the plans, specifications and bid forms that may be necessary. For the purposes of this proposal, LAN assumes not more than six (6) major questions to be answered via CIVCAST. Major questions are those that require 4-8 hours to process and answer. 3. Attend one (1) bid opening and assist with the evaluation of bids. 4. Assist with the review of the Contractor's Statement of Experience and confirm it meets Contract requirements. 5. For bids over budget, the A/E will confer with City staff and provide and, if necessary, make such revisions to the bid documents as the City staff deems necessary to re -advertise the Project for bids. For the purposes of this proposal, LAN assumes a total of 40 hours to revise bid documents. 6. Provide two (2) hard copy set and one (1) electronic set of conformed drawings and conformed Contract Documents (PDF and original [CAD/Word/etc.]) to the City. Task 6— Construction Phase Services 1. LAN will participate in one (1) pre -construction meeting. It is assumed that the City of Corpus Christi will prepare the meeting agenda and minutes. 2. Respond to Requests for Information (RFI) during the construction process. LAN assumes six (6) RFI's for this task. 3. Review Submittals — LAN will review contractor submittals as required in City of Corpus Christi General Conditions and Specifications. LAN assumes thirty-five (35) submittals for this task. 4. Testing — LAN will review materials testing reports and coordinate with the City's third -party testing firm to ensure testing schedules are met for the project. 5. Prepare Requests for Proposals (RFP) / Change Orders — LAN will assist in preparing RFP's, review/negotiate pricing and prepare change orders. LAN assumes six (6) Change Orders for this task. 6. Construction Observation — LAN will provide limited construction observation to monitor progress on the project and ensure construction is being completed in accordance with the contract documents. This includes delivery and installation of special equipment and contractors testing, start-up, and commissioning of special equipment. LAN assumes one visit per month (4 hours/each) for eighteen months, or 72 hours. 10 EXHIBIT A Page 10 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 7. Coordinate Contractor/vendor-provided Owner/Operator training and review lesson plan and O&M manual prior to training for special equipment. Special Equipment will include: a. Bar Screen & Screenings Conveyor b. Submersible Pumps c. Grit Removal System, Fine Screening, Pumps, and Conveyors d. Dissolved Air Control System & SCADA e. Belt Filter Press System 8. Complete one (1) substantial and one (1) Final Inspection and project close-out effort (ex., completion certificate, review as -built drawings, review of as -built O&M manuals). 9. Project Record Drawings — LAN will coordinate with City/Owners Representative to receive redlines from contractor and prepare one (1) PDF set of record drawings. ADDITIONAL SERVICES: This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. LAN will not begin work on these services without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. LAN proposes the following ADDITIONAL SERVICES tasks: • Task 1 - Permit Preparation • Task 2 - Warranty Phase Services Task 1- Permit Preparation LAN will furnish the City all engineering data and documentation necessary for all required permits. LAN will prepare this documentation for all required signatures. LAN will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities including the Texas Commission on Environmental Quality (TCEQ). Task 2 - Warranty Phase Services LAN will provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 11 EXHIBIT A Page 11 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 ITEMS NOT INCLUDED IN THE SCOPE OF SERVICES: Documents / Services to be provided by the City The City shall do the following in a timely manner so as to not delay the services of LAN: a. Provide all criteria and full information as to the City's requirements for the project, including design objectives and constraints, space, capacity, and performance requirements, flexibility and expendability, and any budgetary limitations, and furnish copies of all design and construction standards which the City will require to be included in the Drawings and Specifications. b. Assist LAN by placing at LAN's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. c. City of Corpus Christi will directly contract with an independent, qualified testing agency which is licensed in the State of Texas to carry out any testing which is recommended by LAN following visual inspections. City shall provide testing report to LAN which will be a prerequisite for basis of design report and construction documents. d. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to the Project, the site and adjacent areas; e. Property, boundary, easement, right-of-way, topographic and utility surveys or data, including relevant reference points; f. Arrange for access to and make all provisions for LAN to enter upon public and private property as required for LAN to perform these services. g. Examine all alternate solutions, studies, reports, sketches, drawings, specifications, proposal, and other documents presented by LAN and render in writing decisions pertaining thereto. h. Provide approvals and permits from all governmental authorities having jurisdiction to approve the portions of the Project designed or specified by LAN and such approvals and consents from others as may be necessary for completion of such portions of the Project. Exclusions LAN shall consider the following items to be outside of the scope of work for the basic services tasks. LAN's completion of all or a portion of the services outlined below shall require detailed scope development, the provision of additional fee, and formal, written authorization by the City. a. Remediation of any hazardous materials uncovered on the site b. Services for other agency or local permits not mentioned above (i.e., TxDOT, railroad, Americans with Disabilities Act (ADA), building permits, etc.) c. Payment of any application or permitting fees d. Hydrologic and/or floodplain studies related to the site e. Services related to disputes over pre -qualification, bid protests, bid rejection, and re- bidding of the contract for construction f. Services necessary due to the default of the selected general contactor g. Services related to damages caused by fire, flood, earthquake or other acts of God h. Services related to warranty claims, enforcement and inspection after final completion 12 EXHIBIT A Page 12 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 i. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by Owner j. Services related to any significant deviations and/or additions to anticipated detailed design scope. k. Specialty hydraulic analysis including computational fluid dynamic modeling and/or physical modeling. I. Architectural services (TAS compliance, TDLR review/registration, permitting services, and any design and CA phase services) m. Any testing during the design phase and/or construction phase n. A full condition assessment of all facilities and prescription of repairs o. Field reconnaissance to validate accuracy of record drawings provided by the Owner p. The evaluation of floodway effects upon the proposed infrastructure improvements and/or additions for debris load and associated impact factors, and scour and erosion effects q. Recommendations for restoration or repair of any existing roofing systems or building finishes. r. Design and details associated with restoration of structural strength and/or serviceability of the existing infrastructure affected by the proposed process improvements or additions, if necessary, will be considered an additional service s. Dynamic Analysis t. Acoustical and/or Vibration Isolation u. Document Reproduction v. Special Inspection w. Submission of design calculations 13 EXHIBIT A Page 13 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 SUMMARY OF FEES: The following table summarizes the fees associated with each task: BASIC SERVICES Hours Fee Task 1 - Preliminary Engineering / Basis of Design 1746 $ 262,055.00 Task 2 - 60% Design 1510 $ 230,310.00 Task 3 - 90% Design 970 $ 161,941.00 Task 4 - 100% Design 608 $ 98,057.00 Task 5 - Bid Phase Services 82 $ 14,251.00 Task 6 - Construction Phase Services 712 $ 120,274.00 Total Basic Services 5628 $ 886,888.00 ADDITIONAL SERVICES Permitting $ 10,000.00 Warranty Phase Services $ 10,000.00 Total Additional Services $ 20,000.00 Total Professional Services $ 906,888.00 LABOR RATES: The following table summarizes the rates associated with each personnel category: Personnel Rate / Hr Senior Structural Engineer $ 290.00 Program Manager / QAQC Manager $ 280.00 Senior Electrical Engineer $ 280.00 Electrical Engineer $ 235.00 Senior WWTP Engineer $ 226.00 Structural Engineer $ 205.00 Senior Construction Manager $ 188.00 Project Engineer VI $ 185.00 Project Manager $ 178.00 Project Engineer V $ 166.00 Senior Structural Designer $ 175.00 Structural Designer $ 150.00 Electrical Designer $ 142.00 Civil / Mechanical Designer $ 138.00 Project Engineer IV $ 124.00 Engineer -in -Training $ 110.00 Technician $ 107.00 14 EXHIBIT A Page 14 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 PROJECT SCHEDULE: TASK 1- PRELIMINARY ENGINEERING / BASIS OF DESIGN = 24 WEEKS / 6 MONTHS Task 1 - Preliminary Engineering / Basis of Design 1,702 Phase and/or Task Code 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 Total Hours MONTHS MONTHS 1 2 3 4 5 6 7 8 9 10 11 12 Task Description Project Kick-off Meeting / Design Concept Review 14 Operational and Maintenance Requirements 20 Governmental / Permitting Requirements 12 Coordinate Geotechnical Engineering 14 Topographic / Hydraulic Data Collection 9 Preliminary Structural Engineering 28 Process Diagrams (P&ID and PFD) 66 MEP Analysis / Design 340 Equipment Selection 240 Plant Hydraulic Calculations / Proposed Hyd Profile 74 Opinions of Probable Construction Costs 40 Design Progress Workshop 38 Basis of Design Report 433 30% Construction Drawings 232 LAN QC / Fatal Flaw Review & 30% Deliverable 42 Client Review Meeting / Address Comments 100 TASK 2 - 60% DESIGN = 28 WEEKS / 7 MONTHS Task 2 - 60% Detailed Design Phase and/or 1,304 Total Hours Task Code Task Description 200.1 • 200.2 200.3 • 200.4 • 200.5 • 200.6 • 200.7 200.8 • 200.9 Project Progress Meeting 8 Structural Engineering 64 Final Basis of Design Report 80 60% Construction Drawings 952 Technical Specifications 28 Contract Documents 8 Opinions of Probable Construction Costs 42 LAN QC / Fatal Flaw Review & 60% Deliverable 38 Client Review Meeting / Address Comments 84 TASK 3 - 90% DESIGN = 16 WEEKS / 4 MONTHS Task 3 - 90% Detailed Design .. 3 -- MONTHS MONTHS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 15 MONTHS MONTHS 7 8 9 10 11 12 13 14 15 16 17 18 MM MMM -- M ---- -- -- --- -- ---- -- M ---- -- -- --- -- -- MM MM ______ EXHIBIT A Page 15 of 16 918 Phase and/or Total Hours Task Code Task Description r 300.1 90% Construction Drawings 492 F 300.2 Contract Documents 28 F 300.3 Prepare TCEQ Letter 16 F 300.4 Technical Specifications 188 F 300.5 Opinions of Probable Construction Costs 52 F 300.6 LAN QC / Fatal Flaw Review & 30% Deliverable 50 300.7 Client Review Meeting / Address Comments 92 15 MONTHS MONTHS 7 8 9 10 11 12 13 14 15 16 17 18 MM MMM -- M ---- -- -- --- -- ---- -- M ---- -- -- --- -- -- MM MM ______ EXHIBIT A Page 15 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 TASK 4 - 100% DESIGN = 8 WEEKS / 2 MONTHS Task 4 - 100% Detailed Design 494 Phase and/or Task Code Task Description Total Hours 400.1 400.2 400.3 400.4 400.5 400.6 Issued For Bid Construction Drawings 208 Final Contract Documents 20 Technical Specifications 104 Opinions of Probable Construction Costs 44 LAN QC / Fatal Flaw Review & 30% Deliverable 38 Client Review Meeting / Address Comments 80 TASK 5 - BID PHASE SERVICES = 4 WEEKS / 1 MONTH Task 5 - Bid Phase Services Phase and/or Task Code MONTHS MONTHS 13 14 15 16 17 18 19 20 21 22 23 24 11 1 1 1 1 1 1 1 1 1 1 1 207 Total Hours MONTHS MONTHS 13 14 15 16 17 18 19 20 21 22 23 24 500.1 400.2 400.3 400.4 400.5 400.6 Task Description Pre -Bid Conference 5 Bidder Questions 56 Bid Opening / Evaluation of Bids 10 Review Contractors Statement of Experience 16 Bid Document Revisions / Addenda 68 Conformed Drawings / Contract Documents 52 TASK 6 - CONSTRUCTION PHASE = 72 WEEKS / 18 MONTHS Task 6 - Construction Phase Services 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1_ MONTHS MONTHS MONTHS MONTHS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 TOTAL DESIGN PHASE DURATION = 76 WEEKS TOTAL PROJECT DURATION = 152 WEEKS 16 EXHIBIT A Page 16 of 16 666 Phase and/or Total Hours Task Code Task Description ' 600.1 Pre -Construction Meeting 6 r 600.2 Respond to RFPs 69 r 600.3 Review Submittals 196 r 600.4 Review Material Testing Reports 36 r 600.5 RFP's / Change Orders 89 r 600.6 Construction Observations 120 r 600.7 Coordinate Contractor / Vendor /Owner Training 8 r 600.8 Final Inspections 48 r 600.9 Project Record Drawings 94 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1_ MONTHS MONTHS MONTHS MONTHS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 TOTAL DESIGN PHASE DURATION = 76 WEEKS TOTAL PROJECT DURATION = 152 WEEKS 16 EXHIBIT A Page 16 of 16 DocuSign Envelope ID: A98CBFF1-DD23-4760-9B7C-F2A24D2245B9 WHITECAP WWTP IMPROVEMENTS CITY PROJECT NO. 18087A SUMMARY OF FEES Basic Services: Preliminary Phase Design Phase Bid Phase Construction Admin Phase Subtotal Basic Services Additional Services: Permit Prepartion Topographic Survey ROW Acquisition Survey Environmental Issues Public Meetings Construction Observation Traffic Control Signalization Improvements Warranty Phase Construction Inspection (T&M) Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total Authorized Fees Original Contract Amendment No. 1 Total Contract $49,300.00 $262,055.00 $311,355.00 $490,308.00 $490,308.00 $14,251.00 $14,251.00 $120,274.00 $120,274.00 $49,300.00 $886,888.00 $936,188.00 $10,000.00 $10,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $10,000.00 $10,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $20,000.00 $20,000.00 $49,300.00 $886,888.00 $936,188.00 $0.00 $20,000.00 $20,000.00 $49,300.00 $906,888.00 $956,188.00 EXHIBIT A-1 Page 1 of 1 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 15, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works/Street Operations richardm5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 Construction Contract Award Laguna Shores Road (SPID to Graham), Laguna Shores Road (Hustlin' Hornet to Caribbean) and Laguna Shores Road (Mediterranean to Wyndale) (Bond 2018) CAPTION: Motion awarding construction contracts to Mako Contracting, LLC, Corpus Christi, Texas for the reconstruction of Laguna Shores Road from SPID to Graham in the amount of $3,548,277.14 and two construction contracts to Haas -Anderson Construction, Ltd., Corpus Christi, Texas for the reconstruction of Laguna Shores Road from Hustlin' Hornet to Caribbean in the amount of $6,263,934.90 and Laguna Shores Road (Mediterranean to Wyndale) in the amount of $6,734,988.95, located in Council District 4, with funding available from the Street Bond 2018, FY 2020 Storm Water, Wastewater and Water Funds and FY 2021 Wastewater Funds. SUMMARY: This motion approves three construction contracts; one with Mako Contracting LLC, for the reconstruction of Laguna Shores Road from SPID to Graham and two construction contracts with Haas -Anderson Construction for the reconstruction of Laguna Shores Road from Hustlin' Hornet to Caribbean and Mediterranean to Wyndale with new asphalt pavement, underground storm sewer system, new water main and wastewater main and minor adjustments to gas. BACKGROUND AND FINDINGS: This project includes three segments of Laguna Shores Road to be constructed concurrently. Segment 1 — approximately 3,100 Linear Feet, includes full reconstruction of Laguna shores Road from SPID to Graham with new asphalt pavement, utility improvements, hydrologic restoration of redhead pond and construction of a living shoreline feature adjacent to Laguna Shores Road at Graham Road. Segment 2 — approximately 5,100 Linear Feet, includes full reconstruction of Laguna Shores Road from Hustlin' Hornet to Caribbean with new asphalt pavement and utility improvements. Segment 3 — approximately 5,400 Linear Feet, includes full reconstruction of Laguna Shores from Mediterranean to Wyndale with new asphalt pavement and utility improvements. All three segments are Bond 2018 Projects. Segments 1 and 2 were approved with BOND 2018, Proposition A and Segment 3 was approved with BOND 2018, Proposition B. The section of Laguna Shores from Graham Road to Hustlin' Hornet was previously constructed in 2009. The roadway was raised and widened to provide 12 feet travel lanes and 4 -foot shoulders, identical to the section that is proposed for Segments 1, 2 & 3. The section of Laguna Shores from Caribbean to Mediterranean was constructed in 2007. This section also provides an elevated and widened roadway. With the completion of Segments 1, 2 & 3 the entire corridor of Laguna Shores from the S.P.I.D. to Wyndale Street will be uniform in height and width. The current Urban Transportation Plan (UTP) designates Laguna Shores Road as a proposed Parkway. The proposed improvements for the project will occur within the existing right-of-way that will limit the impact to adjacent wetlands. The existing roadway consists of two - 10 feet wide travel lanes with no shoulders. Proposed street improvements will provide two -twelve feet wide travel lanes with four feet wide shoulders and elevate the roadway centerline to a minimum elevation of 3.65 feet to alleviate frequent inundation during high tides. Articulated concrete block matting will be provided intermittently along the eastern side of the road to protect the roadbed against wave action from the Laguna Madre. Utility improvements include underground storm sewer system, new water main and wastewater main and minor adjustments to gas. The hydrologic restoration of Redhead Pond Wildlife Area involves rerouting stormwater runoff to provide more freshwater inflow to the pond and this also fulfills the mitigation requirements for environmental impacts to be caused by the proposed construction on all three segments of the Laguna Madre Road project. The construction of a living shoreline feature includes placement of graded riprap (GRR) breakwater along with grading and marsh vegetation planting to create a "living shoreline" protection system. This roadway resilience enhancement is being constructed in coordination with the Corpus Christi Metropolitan Planning Organization's Federal Highways Administration Resilience and Durability to Extreme Weather Pilot Program. PROJECT TIMELINES: Segment 1 — Laguna Shores Road from SPID to Graham 2020 2021 s 0 N D J F M A M Construction Project schedule reflects City Council award in September 2020 with anticipated completion in May 2021. Segment 2 —Laguna Shores Road from Hustlin' Hornet to Caribbean 2020 2021 2022 s 0 N D J F M A M J J A S 0 N D J F l'Ilw Construction Project schedule reflects City Council award in September 2020 with anticipated completion in February 2022 Segment 3 — Laguna Shores Road from Mediterranean to Wyndale 2020 2021 s 0 N D J F M A M J J A S 0 N Construction Project schedule reflects City Council award in September 2020 with anticipated completion in November 2021 COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued three Request for Bids, one for each segment. The solicitations each contained two base bids, Base Bid 1 (asphalt) and Base Bid 2 (concrete). On August 5, 2020, the City received bids for each segment as provided below: 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 $17.75 per square yard ($125,000 per lane mile) of the asphalt cost. When Staff analyzed the asphalt section components versus the concrete section components, the concrete sections were not within the threshold and so is not considered financially LAGUNA SHORES RD — SPID TO GRAHAM PROJECT NO 18026A (SEGMENT 1) LAGUNA SHORES RD - HUSTLIN HORNET TO CARIBBEAN PROJECT NO 18024A (SEGMENT 2) LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJECT NO 18025A (SEGMENT 3) CONTRACTOR BASE BID NO. 1 (HMAC) BASE BID NO. 2 (CONCRETE) BASE BID NO. 1 (HMAC) BASE BID NO. 2 (CONCRETE) BASE BID NO. 1 (HMAC) BASE BID NO. 2 (CONCRETE) Mako Contracting 3,548,277.14 $4,136,764.35 NO BID NO BID NO BID NO BID Haas Anderson Construction $4,103,139.47 NO BID 6,263,934.90 NO BID $6,734,988.95 NO BID Bay Ltd 6,217,350.40 NO BID $8,419,839.80 NO BID $9,450,043.25 NO BID Clark Pipeline Services $6,300,962.65 NO BID $8,140,690.14 NO BID $9,803,569.38 NO BID Reytec Construction Resources NO BID $5,578,895.60 NO BID $9,182,240.60 NO BID $8,046,975.40 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 $17.75 per square yard ($125,000 per lane mile) of the asphalt cost. When Staff analyzed the asphalt section components versus the concrete section components, the concrete sections were not within the threshold and so is not considered financially advantageous. The concrete component prices for segments 1 through 3 is: $50.21 per square yard, $56.40 per square yard, $55.00 per square yard respectively. The cost per square yard for concrete street is higher than asphalt prices and outside the award recommending threshold. Therefore, all segments are recommended to be awarded to the base bid for asphalt. ALTERNATIVES: The alternative is not to award the construction contract to the low bidders, for each segment or award the concrete bids. FISCAL IMPACT: The fiscal impact in FY 2020 is an amount of $3,548,277.14 for the reconstruction of Laguna Shores Road from SPID to Graham, $6,263,934.90 for reconstruction of Laguna Shores Road from Hustlin' Hornet to Caribbean and $6,734,988.95 for the reconstruction of Laguna Shores Road from Mediterranean to Wyndale . Project funds are available from the Street Bond 2018, FY 2020 Storm Water, Wastewater and Water Funds and FY 2021 Wastewater Funds. Funding Detail: Laguna Shores Road from SPID to Graham The bids received for Laguna Shores Road from SPID to Graham is within the estimated budget listed on the FY 2020 and FY 2021 Capital Improvement Program (CIP). With Council approval the cost savings from the project will be utilized towards the projects that have funding shortfall. Fund: Street Bond 2018, Proposition A (Fund 3556) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: 18026 Account: Construction (Account #550910) Activity: 18026 -A -3556 -EXP Amount: $1,373,849.20 Fund: Storm Water (Fund 4532) Mission Elem: Storm Water Drainage (ME 043) Project No.: 18026 Account: Construction (Account #550910) Activity: 18026 -A -4532 -EXP Amount: $1,249,036.78 Fund: Wastewater (Fund 4510) Mission Elem: Wastewater Collection System (ME 042) Project No.: 18026 Account: Construction (Account #550910) Activity: 18026 -A -4510 -EXP Amount: $573,784.80 Fund: Water (Fund 4099) Mission Elem: Water Distribution System (ME 041) Project No.: 18026 Account: Construction (Account #550910) Activity: 18026 -A -4099 -EXP Amount: $351,606.36 Laguna Shores Road from Hustlin Hornet to Caribbean The bids received for Laguna Shores Road from Hustlin Hornet to Caribbean is higher for the Utilities and Stormwater than the estimated budget listed on the FY 2020 and FY 2021 CIP. The shortfall in the budget will be funded through the Stormwater, Wastewater and Water Funds. The shortfall in wastewater funds is certified from the FY 2020 Wastewater Capital Reserve. With Council approval the cost savings from the street portion of the project will be utilized towards the Bond projects that have funding shortfall. Fund: Street Bond 2018, Proposition A (Fund 3556) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: 18024 Account: Construction (Account #550910) Activity: 18024 -A -3556 -EXP Amount: $1,508,453.60 Fund: Storm Water (Fund 4532) Mission Elem: Storm Water Drainage (ME 043) Project No.: 18024 Account: Construction (Account #550910) Activity: 18024 -A -4532 -EXP Amount: $2,279,368.45 Fund: Wastewater (Fund 4510) Mission Elem: Wastewater Collection System (ME 042) Project No.: 18024 Account: Construction (Account #550910) Activity: 18024 -A -4510 -EXP Amount: $1,238,606.45 Fund: Water (Fund 4099) Mission Elem: Water Distribution System (ME 041) Project No.: 18024 Account: Construction (Account #550910) Activity: 18024 -A -4099 -EXP Amount: $1,237,506.40 Laguna Shores Road from Mediterranean to Wyndale The bids received for Laguna Shores Road from Mediterranean to Wyndale is higher for the Utilities and Stormwater than the estimated budget listed on the FY 2020 and FY 2021 CIP. The shortfall in the budget will be funded through the Stormwater, Wastewater and Water Funds. With Council approval the cost savings from the street portion of the project will be utilized towards the Bond projects that have funding shortfall. Fund: Street Bond 2018, Proposition B (Fund 3557) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: 18025 Account: Construction (Account #550910) Activity: 18025 -A -3557 -EXP Amount: $1,920,904.55 Fund: Storm Water (Fund 4532) Mission Elem: Storm Water Drainage (ME 043) Project No.: 18025 Account: Construction (Account #550910) Activity: 18025 -A -4532 -EXP Amount: $2,569,141.75 Fund: Wastewater (Fund 4510) Mission Elem: Wastewater Collection System (ME 042) Project No.: 18025 Account: Construction (Account #550910) Activity: 18025 -A -4510 -EXP Amount: $1,778,188.70 Fund: Water (Fund 4099) Mission Elem: Water Distribution System (ME 041) Project No.: 18025 Account: Construction (Account #550910) Activity: 18025 -A -4099 -EXP Amount: $466,753.95 RECOMMENDATION: Staff recommends awarding construction contracts to Mako Contracting for reconstruction of Laguna Shores Road from SPID to Graham in the amount of $3,548,277.14, with construction duration planned for 9 months and two construction contracts to Haas- Anderson Construction for reconstruction of Laguna Shores Road (Hustlin' Hornet to Caribbean ) in the amount of $6,263,934.90, with construction duration planned for 18 months and Laguna Shores Road (Mediterranean to Wyndale ) in the amount of $6,734,988.95, with construction duration planned for 15 months from issuance of the Notice to Proceed to begin construction in September 2020. All segments will be under construction concurrently. LIST OF SUPPORTING DOCUMENTS: Location Map Construction Contracts City Council Policy 28 Award Guidelines for Arterial and Collector Streets, Concrete or Asphalt Pavement as N-� %``k 1Mk VICINITY MAP :41/%41i NOT TO SCALE O PROJECT LOCATION 101,0 358 SCALE: N.T.S. Lam.,`,?, v -)PE � WALDRON FIELD 0 NOL a 0 LAGUNA SHORES DR. (S.P.I.D. TO GRAHAM DR.) LAGUNA SHORES DR. (HUSTLIN HORNET TO DR. CARIBBEAN DR.) LAGUNA SHORES DR. (MEDITERRANEAN DR. TO WYNDALE ST.) LOCATION MAP NOT TO SCALE Project Numbers: 18024A,18025A,18026A LAGUNA SHORES ROAD (S.P.I.D TO GRAHAM DR) (HUSTLIN HORNET DR. TO CARIBBEAN DR.) (MEDITERRANEAN DR. TO WYNDALE ST.) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LAGUNA SHORES ROAD (S.P.I.D TO GRAHAM RD.) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES V.w LAGUNA SHORES ROAD (HUSTLIN' HORNET DR. TO CARRIBEAN DR.) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES %NW PROJECT LOCATION AERIAL MAP NOT TO SCALE N SCALE: N.T.S. LAGUNA MADRE Project Number: 18025A LAGUNA SHORES ROAD (MEDITERRANEAN DR. TO WYNDALE ST.) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES %NW TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BID DATE: Wed., August 5, 2020 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 1 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PART 1A - GENERAL 1A1 Mobilization (Max. 5% of Part 1A) LS 1 $ 4,000.00 $ 4,000.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 0 1A2 Bonds & Insurance (Base Bid 1) AL 1 $ 51,000.00 $ 51,000.00 $ 28,000.00 $ 28,000.00 $ 49,000.00 $ 49,000.00 $ 78,000.00 $ 78,000.00 0 1A3 Traffic Control Mobilization/Adjustments LS 1 $ 8,000.00 $ 8,000.00 $ 100,000.00 $ 100,000.00 $ 11,800.00 $ 11,800.00 $ 6,000.00 $ 6,000.00 0 1A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, LPCB, etc.) MO 7 $ 1,080.00 $ 7,560.00 $ 5,000.00 $ 35,000.00 $ 21,900.00 $ 153,300.00 $ 2,370.00 $ 16,590.00 0 1A5 Message Boards for Traffic Control EA 5 $ 12,000.00 $ 60,000.00 $ 15,000.00 $ 75,000.00 $ 24,300.00 $ 121,500.00 $ 23,706.76 $ 118,533.80 0 1A6 Ozone Advisory Day DAYS 3 $ 1.00 $ 3.00 $ 1.00 $ 3.00 $ 490.00 $ 1,470.00 $ 180.00 $ 540.00 0 1A7 Storm Water Pollution Prevention Plan LS 1 $ 5,000.00 $ 5,000.00 $ 52,000.00 $ 52,000.00 $ 3,800.00 $ 3,800.00 $ 15,000.00 $ 15,000.00 0 1A8 Inlet Protection EA 2 $ 125.00 $ 250.00 $ 288.00 $ 576.00 $ 840.00 $ 1,680.00 $ 300.00 $ 600.00 0 1A9 Rock Filter Dam EA 14 $ 800.00 $ 11,200.00 $ 748.00 $ 10,472.00 $ 3,000.00 $ 42,000.00 $ 2,600.00 $ 36,400.00 0 1A10 Silt Fence LF 3,290 $ 4.25 $ 13,982.50 $ 5.05 $ 16,614.50 $ 6.50 $ 21,385.00 $ 6.00 $ 19,740.00 0 1A11 Revegetation (Hydromulch) SY 3,532 $ 1.50 $ 5,298.00 $ 1.55 $ 5,474.60 $ 5.00 $ 17,660.00 $ 1.20 $ 4,238.40 0 1Al2 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 0 SUBTOTAL PART 1A - GENERAL $ 171,293.50 $ 343,140.10 $ 438,595.00 $ 315,642.20 NO BID PART 1B - STREET IMPROVEMENTS 1B1 Mobilization (Max. 5% of Part 1B) LS 1 $ 25,000.00 $ 25,000.00 $ 56,000.00 $ 56,000.00 $ 35,000.00 $ 35,000.00 $ 102,000.00 $ 102,000.00 0 1B2 Remove Curb and Gutter LF 92 $ 3.50 $ 322.00 $ 11.00 $ 1,012.00 $ 42.00 $ 3,864.00 $ 16.00 $ 1,472.00 0 1B3 Removal of Sign and Sign Support Assembly EA 10 $ 114.00 $ 1,140.00 $ 86.00 $ 860.00 $ 110.00 $ 1,100.00 $ 90.00 $ 900.00 0 1B4 Remove Existing Metal Beam Guard Rail LF 390 $ 5.00 $ 1,950.00 $ 2.55 $ 994.50 $ 23.00 $ 8,970.00 $ 190.00 $ 74,100.00 0 1B5 Pulverize & Recompact Existing Roadway Pavement SY 2,280 $ 25.00 $ 57,000.00 $ 1.00 $ 2,280.00 $ 9.50 $ 21,660.00 $ 17.60 $ 40,128.00 0 1B6 Street Excavation (1' Beyond E.O.P.) SY 9,428 $ 10.00 $ 94,280.00 $ 5.00 $ 47,140.00 $ 11.75 $ 110,779.00 $ 18.00 $ 169,704.00 0 1B7 Subgrade Preparation (1' Beyond E.O.P.) SY 11,708 $ 3.00 $ 35,124.00 $ 2.60 $ 30,440.80 $ 3.70 $ 43,319.60 $ 10.80 $ 126,446.40 0 1B8 TX -5 Geogrid (1' Beyond E.O.P.) SY 11,708 $ 4.00 $ 46,832.00 $ 3.65 $ 42,734.20 $ 5.70 $ 66,735.60 $ 7.80 $ 91,322.40 0 1B9 8" Type A, Grade 1-2 Crushed, Limestone Base per TxDOT Std. Spec. Item No. 247 (1' Beyond E.O.P.) SY 11,708 $ 22.00 $ 257,576.00 $ 18.75 $ 219,525.00 $ 22.00 $ 257,576.00 $ 36.00 $ 421,488.00 0 1610 One Course Surface Treatment Underseal SY 11,708 $ 2.53 $ 29,621.24 $ 2.45 $ 28,684.60 $ 4.70 $ 55,027.60 $ 7.80 $ 91,322.40 0 1611 3" Type 'D' HMAC SY 11,024 $ 24.26 $ 267,442.24 $ 18.70 $ 206,148.80 $ 34.00 $ 374,816.00 $ 36.00 $ 396,864.00 0 1612 Level Up Mill (0"-1") & 1 1/2" HMAC Type D Overlay SY 2,180 $ 19.46 $ 42,422.80 $ 22.00 $ 47,960.00 $ 44.00 $ 95,920.00 $ 28.80 $ 62,784.00 0 Page 1 of 8 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 1 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1613 Full Depth Pavement Repair SY 190 $ 117.88 $ 22,397.20 $ 132.00 $ 25,080.00 $ 290.00 $ 55,100.00 $ 102.00 $ 19,380.00 0 1614 6" Curb and Gutter LF 139 $ 25.00 $ 3,475.00 $ 32.00 $ 4,448.00 $ 62.00 $ 8,618.00 $ 21.60 $ 3,002.40 0 1615 Concrete Driveway (Incl. Existing Driveway Removal) SF 3,292 $ 12.50 $ 41,150.00 $ 11.00 $ 36,212.00 $ 18.75 $ 61,725.00 $ 13.20 $ 43,454.40 0 1616 Pavement Markings (24" Wide, White, Type C Hear Applied, 125 mil, Preformed Thermoplastic "Stop Bar" Marking Lines) LF 39 $ 21.60 $ 842.40 $ 21.00 $ 819.00 $ 27.00 $ 1,053.00 $ 21.60 $ 842.40 0 1617 Pavement Markings (Crosswalk Markings - Total LF of 24" Wide, White, Type C Heat Applied, 125 mil, Preformed Thermoplastic) LF 38 $ 21.60 $ 820.80 $ 21.00 $ 798.00 $ 27.00 $ 1,026.00 $ 21.60 $ 820.80 0 1618 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - Yellow 4" Solid LF 4,666 $ 0.66 $ 3,079.56 $ 0.65 $ 3,032.90 $ 0.80 $ 3,732.80 $ 0.66 $ 3,079.56 0 1619 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - Yellow 4" Broken LF 150 $ 1.50 $ 225.00 $ 1.45 $ 217.50 $ 1.85 $ 277.50 $ 1.50 $ 225.00 0 1620 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - White 4" Solid LF 6,006 $ 0.66 $ 3,963.96 $ 0.65 $ 3,903.90 $ 0.80 $ 4,804.80 $ 0.66 $ 3,963.96 0 1621 TYII-A-A Raised Pavement Marker (Reflectorized) EA 66 $ 6.00 $ 396.00 $ 5.77 $ 380.82 $ 7.50 $ 495.00 $ 6.00 $ 396.00 0 1622 TYII-B-B Raised Pavement Market (Reflectorized) EA 2 $ 18.00 $ 36.00 $ 17.00 $ 34.00 $ 23.00 $ 46.00 $ 18.00 $ 36.00 0 1623 Type 2 Object Marker with Flexible Post (OM - 2Z) (FLX) EA 7 $ 114.00 $ 798.00 $ 109.00 $ 763.00 $ 140.00 $ 980.00 $ 114.00 $ 798.00 0 1624 Chevron Alignment (W1 -8L) (18"x24") (Incl. Metal Pole and Foundation) EA 5 $ 528.00 $ 2,640.00 $ 506.00 $ 2,530.00 $ 660.00 $ 3,300.00 $ 528.00 $ 2,640.00 0 1625 Chevron Alignment (W1 -8R) (18"x24") (Incl. Metal Pole and Foundation) EA 5 $ 528.00 $ 2,640.00 $ 506.00 $ 2,530.00 $ 660.00 $ 3,300.00 $ 528.00 $ 2,640.00 0 1626 Combo Stop Sign (R1-1) (30"x30") / Street Name Sign (Incl. Metal Pole and Foundation) EA 4 $ 750.00 $ 3,000.00 $ 719.00 $ 2,876.00 $ 940.00 $ 3,760.00 $ 750.00 $ 3,000.00 0 1627 Stop Ahead (W3-1) (30"x30") (Incl. Metal Pole and Foundation) EA 2 $ 570.00 $ 1,140.00 $ 547.00 $ 1,094.00 $ 710.00 $ 1,420.00 $ 570.00 $ 1,140.00 0 1628 Speed Limit Sign (R2-1) (24"x30") (Incl. Metal Pole and Foundation) EA 4 $ 540.00 $ 2,160.00 $ 518.00 $ 2,072.00 $ 680.00 $ 2,720.00 $ 540.00 $ 2,160.00 0 Page 2 of 8 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 1 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Haas-Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1629 Reverse Curve (W1-4L) (30"x30") (Incl. Metal Pole and Foundation) EA 2 $ 570.00 $ 1,140.00 $ 547.00 $ 1,094.00 $ 710.00 $ 1,420.00 $ 570.00 $ 1,140.00 0 1630 Merge (W4-1R) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 570.00 $ 570.00 $ 547.00 $ 547.00 $ 710.00 $ 710.00 $ 570.00 $ 570.00 0 1631 One Way (R6-1R) (36"x12") (Incl. Metal Pole and Foundation) EA 1 $ 510.00 $ 510.00 $ 489.00 $ 489.00 $ 640.00 $ 640.00 $ 510.00 $ 510.00 0 1632 Traffic Rail - Type 631LS LF 625 $ 69.00 $ 43,125.00 $ 70.00 $ 43,750.00 $ 140.00 $ 87,500.00 $ 86.40 $ 54,000.00 0 1633 Guardrail Terminal EA 4 $ 3,450.00 $ 13,800.00 $ 3,440.00 $ 13,760.00 $ 1,400.00 $ 5,600.00 $ 6,888.00 $ 27,552.00 0 1634 Erosion Control Matting (TRM) SY 7,751 $ 19.44 $ 150,679.44 $ 19.00 $ 147,269.00 $ 11.00 $ 85,261.00 $ 13.28 $ 102,933.28 0 1635 Temporary Cofferdam EA 2 $ 10,000.00 $ 20,000.00 $ 1.00 $ 2.00 $ 42,100.00 $ 84,200.00 $ 12,000.00 $ 24,000.00 0 1636 Select Fill Embankment CY 1,216 $ 32.00 $ 38,912.00 $ 30.00 $ 36,480.00 $ 39.00 $ 47,424.00 $ 31.20 $ 37,939.20 0 1637 Articulated Concrete Block Matting (Revetment) SY 1,205 $ 130.00 $ 156,650.00 $ 113.00 $ 136,165.00 $ 160.00 $ 192,800.00 $ 98.40 $ 118,572.00 0 1638 Allowance for Unanticipated Street Improvements AL 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 0 SUBTOTAL PART 1B - STREET IMPROVEMENTS $ 1,397,860.64 $ 1,175,127.02 $ 1,757,680.90 $ 2,058,326.20 NO BID PART 1C - ADA IMPROVEMENTS 1C1 Mobilization (Max. 5% of Part 1C) LS 1 $ 250.00 $ 250.00 $ 100.00 $ 100.00 $ 1,500.00 $ 1,500.00 $ 480.00 $ 480.00 0 1C2 Remove Existing Concrete Sidewalk SF 73 $ 3.00 $ 219.00 $ 2.25 $ 164.25 $ 40.00 $ 2,920.00 $ 5.00 $ 365.00 0 1C3 Remove Existing Curb Ramp SF 147 $ 4.00 $ 588.00 $ 2.60 $ 382.20 $ 19.75 $ 2,903.25 $ 30.00 $ 4,410.00 0 1C4 5' Concrete Pedestrian Sidewalk SF 25 $ 8.00 $ 200.00 $ 37.00 $ 925.00 $ 38.00 $ 950.00 $ 9.60 $ 240.00 0 105 Sidewalk Ramp SF 182 $ 25.00 $ 4,550.00 $ 40.00 $ 7,280.00 $ 54.00 $ 9,828.00 $ 27.60 $ 5,023.20 0 SUBTOTAL PART 1C - ADA IMPROVEMENTS $ 5,807.00 $ 8,851.45 $ 18,101.25 $ 10,518.20 NO BID PART 1D DRAINAGE IMPROVEMENTS 1D1 Mobilization (Max. 5% of Part 1D) LS 1 25,000.00 $ 25,000.00 $ 30,000.00 $ 30,000.00 $ 15,000.00 $ 15,000.00 $ 39,600.00 $ 39,600.00 0 1D2 Remove Existing 12" RCP LF 46 23.52 $ 1,081.92 $ 5.25 $ 241.50 $ 87.00 $ 4,002.00 $ 21.00 $ 966.00 0 1D3 Remove Existing 12" CPP LF 18 23.52 $ 423.36 $ 4.45 $ 80.10 $ 97.00 $ 1,746.00 $ 21.00 $ 378.00 0 1D4 Remove Existing 15" RCP LF 292 23.52 $ 6,867.84 $ 7.45 $ 2,175.40 $ 55.00 $ 16,060.00 $ 21.00 $ 6,132.00 0 1D5 Remove Existing 18" RCP LF 250 23.52 $ 5,880.00 $ 9.00 $ 2,250.00 $ 32.00 $ 8,000.00 $ 28.00 $ 7,000.00 0 1D6 Remove Existing 24" RCP LF 76 24.64 $ 1,872.64 $ 15.00 $ 1,140.00 $ 53.00 $ 4,028.00 $ 42.00 $ 3,192.00 0 1D7 Remove Existing 24" CPP LF 164 30.80 $ 5,051.20 $ 14.00 $ 2,296.00 $ 43.00 $ 7,052.00 $ 84.00 $ 13,776.00 0 1D8 Remove Existing 8'x4' Reinforced Concrete Box Culvert LF 183 140.00 $ 25,620.00 $ 206.00 $ 37,698.00 $ 340.00 $ 62,220.00 $ 210.00 $ 38,430.00 0 1D9 Remove Existing Curb Inlet EA 2 1,064.00 $ 2,128.00 $ 482.00 $ 964.00 $ 2,000.00 $ 4,000.00 $ 1,080.00 $ 2,160.00 0 1D10 Remove Existing Headwall/Wingwall EA 2 3,136.00 $ 6,272.00 $ 2,350.00 $ 4,700.00 $ 8,000.00 $ 16,000.00 $ 3,000.00 $ 6,000.00 0 1D11 Remove Concrete Channel LF 133 11.20 $ 1,489.60 $ 50.00 $ 6,650.00 $ 83.00 $ 11,039.00 $ 80.00 $ 10,640.00 0 Page 3 of 8 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 1 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1D12 Ditch Excavation and Regrading/Reshaping LF 3,453 12.00 $ 41,436.00 $ 6.70 $ 23,135.10 $ 18.75 $ 64,743.75 $ 21.00 $ 72,513.00 0 1D13 13.5"x22" Class III Reinforced Concrete Arch Pipe LF 229 204.96 $ 46,935.84 $ 155.00 $ 35,495.00 $ 160.00 $ 36,640.00 $ 217.12 $ 49,720.48 0 1D14 18"x28.5" Class III Reinforced Concrete Arch Pipe LF 151 218.40 $ 32,978.40 $ 174.00 $ 26,274.00 $ 160.00 $ 24,160.00 $ 249.66 $ 37,698.66 0 1D15 18" Class IV RCP LF 32 60.48 $ 1,935.36 $ 105.00 $ 3,360.00 $ 290.00 $ 9,280.00 $ 158.38 $ 5,068.16 0 1D16 24" Class IV RCP LF 297 78.40 $ 23,284.80 $ 114.00 $ 33,858.00 $ 200.00 $ 59,400.00 $ 189.60 $ 56,311.20 0 1D17 13.5"x22" Class IV Reinforced Concrete Arch Pipe LF 43 220.64 $ 9,487.52 $ 187.00 $ 8,041.00 $ 260.00 $ 11,180.00 $ 234.28 $ 10,074.04 0 1D18 18"x28.5" Class IV Reinforced Concrete Arch Pipe LF 174 235.20 $ 40,924.80 $ 209.00 $ 36,366.00 $ 210.00 $ 36,540.00 $ 269.46 $ 46,886.04 0 1D19 10'x4' Reinforced Concrete Box Culvert LF 216 1,120.00 $ 241,920.00 $ 917.00 $ 198,072.00 $ 2,000.00 $ 432,000.00 $ 923.40 $ 199,454.40 0 1D20 Pipe Trench Safety LF 1,142 5.60 $ 6,395.20 $ 1.00 $ 1,142.00 $ 18.25 $ 20,841.50 $ 2.40 $ 2,740.80 0 1D21 Well Pointing LF 1,142 28.00 $ 31,976.00 $ 55.00 $ 62,810.00 $ 110.00 $ 125,620.00 $ 84.00 $ 95,928.00 0 1D22 Headwall/Wingwalls for O'Neill Channel EA 2 21,000.00 $ 42,000.00 $ 40,000.00 $ 80,000.00 $ 51,100.00 $ 102,200.00 $ 10,680.00 $ 21,360.00 0 1D23 5" Concrete Rip Rap for O'Neill Channel SF 1,719 13.44 $ 23,103.36 $ 16.00 $ 27,504.00 $ 25.00 $ 42,975.00 $ 33.60 $ 57,758.40 0 1D24 Safety End Treatment (Type II) (3:1) (24") EA 12 2,128.00 $ 25,536.00 $ 1,410.00 $ 16,920.00 $ 2,700.00 $ 32,400.00 $ 2,152.00 $ 25,824.00 0 1D25 Safety End Treatment (Type II) (3:1) (13.5"x22") EA 3 2,016.00 $ 6,048.00 $ 1,440.00 $ 4,320.00 $ 2,300.00 $ 6,900.00 $ 1,967.20 $ 5,901.60 0 1D26 Safety End Treatment (Type II) (6:1) (13.5"x22") EA 11 2,688.00 $ 29,568.00 $ 1,720.00 $ 18,920.00 $ 2,700.00 $ 29,700.00 $ 3,234.40 $ 35,578.40 0 1D27 Safety End Treatment (Type II) (3:1) (18"x28.5") EA 5 2,688.00 $ 13,440.00 $ 1,820.00 $ 9,100.00 $ 3,200.00 $ 16,000.00 $ 2,152.00 $ 10,760.00 0 1D28 Safety End Treatment (Type II) (6:1) (18"x28.5") EA 1 2,856.00 $ 2,856.00 $ 2,420.00 $ 2,420.00 $ 6,400.00 $ 6,400.00 $ 3,604.00 $ 3,604.00 0 1D29 4" Concrete Slope Protection SF 275 12.32 $ 3,388.00 $ 9.60 $ 2,640.00 $ 24.00 $ 6,600.00 $ 12.00 $ 3,300.00 0 1D30 4'-8"x4" Junction Box with Grate/Frame Unit EA 1 7,616.00 $ 7,616.00 $ 5,610.00 $ 5,610.00 $ 13,200.00 $ 13,200.00 $ 8,550.00 $ 8,550.00 0 1D31 5' Curb Inlet EA 1 5,320.00 $ 5,320.00 $ 5,330.00 $ 5,330.00 $ 11,600.00 $ 11,600.00 $ 4,680.00 $ 4,680.00 0 1D32 Precast Special Junction Box w/ 5' Curb Inlet EA 1 14,000.00 $ 14,000.00 $ 10,700.00 $ 10,700.00 $ 19,000.00 $ 19,000.00 $ 9,390.00 $ 9,390.00 0 1D33 Junction Box/Grate Inlet/Curb Inlet Trench Safety EA 3 616.00 $ 1,848.00 $ 1.00 $ 3.00 $ 2,700.00 $ 8,100.00 $ 1,800.00 $ 5,400.00 0 1D34 Pipe Support EA 4 2,688.00 $ 10,752.00 $ 1,590.00 $ 6,360.00 $ 6,500.00 $ 26,000.00 $ 3,360.00 $ 13,440.00 0 1D35 Temporary Cofferdam EA 2 25,384.00 $ 50,768.00 $ 50,000.00 $ 100,000.00 $ 43,000.00 $ 86,000.00 $ 11,520.00 $ 23,040.00 0 1D36 Allowance for Unanticipated Drainage Improvements AL 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 0 Page 4 of 8 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 1 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Haas-Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT SUBTOTAL PART 1D - DRAINAGE IMPROVEMENTS $ 805,203.84 $ 816,575.10 $ 1,386,627.25 $ 943,255.18 NO BID PART 1E - WATER IMPROVEMENTS 1E1 Mobilization (Max. 5% of Part 1E) LS 1 15,000.00 $ 15,000.00 $ 21,900.00 $ 21,900.00 $ 20,000.00 $ 20,000.00 $ 18,000.00 $ 18,000.00 0 1E2 Remove and Salvage Existing Fire Hydrant EA 1 1,680.00 $ 1,680.00 $ 2,140.00 $ 2,140.00 $ 2,800.00 $ 2,800.00 $ 874.40 $ 874.40 0 1E3 Remove Existing 6" PVC Waterline LF 91 22.40 $ 2,038.40 $ 25.00 $ 2,275.00 $ 33.00 $ 3,003.00 $ 34.40 $ 3,130.40 0 1E4 Remove Existing 6" CIP Waterline LF 580 28.00 $ 16,240.00 $ 30.00 $ 17,400.00 $ 39.00 $ 22,620.00 $ 50.40 $ 29,232.00 0 1E5 Remove Existing 6" ACP Waterline LF 496 28.00 $ 13,888.00 $ 43.00 $ 21,328.00 $ 56.00 $ 27,776.00 $ 62.00 $ 30,752.00 0 1E6 Remove Existing 8" Waterline LF 40 44.80 $ 1,792.00 $ 45.00 $ 1,800.00 $ 59.00 $ 2,360.00 $ 54.00 $ 2,160.00 0 1E7 Remove Existing 12" Waterline LF 43 56.00 $ 2,408.00 $ 45.00 $ 1,935.00 $ 59.00 $ 2,537.00 $ 57.00 $ 2,451.00 0 1E8 Remove Existing CIP Waterline to Gateway Lift LF 40 28.00 $ 1,120.00 $ 32.00 $ 1,280.00 $ 42.00 $ 1,680.00 $ 62.00 $ 2,480.00 0 1E9 Remove Water Service LF 196 44.80 $ 8,780.80 $ 35.00 $ 6,860.00 $ 45.00 $ 8,820.00 $ 33.60 $ 6,585.60 0 1E10 Remove Water Meter EA 9 224.00 $ 2,016.00 $ 189.00 $ 1,701.00 $ 250.00 $ 2,250.00 $ 1,482.00 $ 13,338.00 0 1E11 6" DIP Waterline (Class 350) LF 101 112.00 $ 11,312.00 $ 522.00 $ 52,722.00 $ 680.00 $ 68,680.00 $ 184.80 $ 18,664.80 0 1E12 8" C900 PVC Waterline LF 1,120 85.00 $ 95,200.00 $ 86.00 $ 96,320.00 $ 110.00 $ 123,200.00 $ 84.90 $ 95,088.00 0 1E13 12" C900 PVC Waterline LF 44 88.00 $ 3,872.00 $ 153.00 $ 6,732.00 $ 200.00 $ 8,800.00 $ 125.35 $ 5,515.40 0 1E14 Pipe Trench Safety LF 1,265 5.50 $ 6,957.50 $ 6.93 $ 8,766.45 $ 9.00 $ 11,385.00 $ 2.40 $ 3,036.00 0 1E15 Well Pointing LF 1,265 43.00 $ 54,395.00 $ 45.00 $ 56,925.00 $ 59.00 $ 74,635.00 $ 84.00 $ 106,260.00 0 1E16 6" DI 45° Bend EA 4 616.00 $ 2,464.00 $ 285.00 $ 1,140.00 $ 370.00 $ 1,480.00 $ 202.80 $ 811.20 0 1E17 6" DI 90° Bend EA 4 632.50 $ 2,530.00 $ 336.00 $ 1,344.00 $ 440.00 $ 1,760.00 $ 247.20 $ 988.80 0 1E18 8" DI 45° Bend 1 EA 2 660.00 $ 1,320.00 $ 361.00 $ 722.00 $ 470.00 $ 940.00 $ 267.60 $ 535.20 0 1E19 8" Gate Valve & Box EA 4 1,792.00 $ 7,168.00 $ 1,450.00 $ 5,800.00 $ 1,900.00 $ 7,600.00 $ 1,500.00 $ 6,000.00 0 1E20 12" 11.25° Bend EA 2 825.00 $ 1,650.00 $ 556.00 $ 1,112.00 $ 720.00 $ 1,440.00 $ 434.40 $ 868.80 0 1E21 12" Gate Valve & Box EA 1 2,695.00 $ 2,695.00 $ 2,740.00 $ 2,740.00 $ 3,600.00 $ 3,600.00 $ 3,043.20 $ 3,043.20 0 1E22 8" x 6" Reducer EA 2 550.00 $ 1,100.00 $ 314.00 $ 628.00 $ 410.00 $ 820.00 $ 288.00 $ 576.00 0 1E23 8" Tee EA 2 770.00 $ 1,540.00 $ 514.00 $ 1,028.00 $ 670.00 $ 1,340.00 $ 399.60 $ 799.20 0 1E24 12"x8" Reducer EA 1 715.00 $ 715.00 $ 444.00 $ 444.00 $ 580.00 $ 580.00 $ 1,478.40 $ 1,478.40 0 1E25 Adjust 8" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 5 6,944.00 $ 34,720.00 $ 9,670.00 $ 48,350.00 $ 12,600.00 $ 63,000.00 $ 10,452.00 $ 52,260.00 0 1E26 Connect to Existing 6" PVC WL (Incl. All Required Fittings) with Omni Coupling System EA 3 1,705.00 $ 5,115.00 $ 7,050.00 $ 21,150.00 $ 9,200.00 $ 27,600.00 $ 1,620.00 $ 4,860.00 0 1E27 Connect to Existing 6" ACP WL (Incl. All Required Fittings) with Omni Coupling System EA 1 1,705.00 $ 1,705.00 $ 7,050.00 $ 7,050.00 $ 9,200.00 $ 9,200.00 $ 2,226.00 $ 2,226.00 0 1E28 Connect to Existing 8" WL (Incl. All Required Fittings) with Omni Coupling System EA 1 2,062.50 $ 2,062.50 $ 6,920.00 $ 6,920.00 $ 9,000.00 $ 9,000.00 $ 2,310.00 $ 2,310.00 0 Page 5 of 8 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 1 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1E29 Connect to Existing 12" WL (Incl. All Required F EA 1 2,750.00 $ 2,750.00 $ 7,060.00 $ 7,060.00 $ 9,200.00 $ 9,200.00 $ 4,920.00 $ 4,920.00 0 1E30 Fire Hydrant Assembly (Type 2) EA 1 11,200.00 $ 11,200.00 $ 9,250.00 $ 9,250.00 $ 12,100.00 $ 12,100.00 $ 5,779.20 $ 5,779.20 0 1E31 1" PE Water Service (Incl. Service Saddle, Corp Stop, PE, and Reconnection) LF 184 142.24 $ 26,172.16 $ 78.00 $ 14,352.00 $ 100.00 $ 18,400.00 $ 57.17 $ 10,519.28 0 1E32 Allowance for Unanticipated Water Improveme AL 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 0 SUBTOTAL PART 1E - WATER IMPROVEMENTS $ 351,606.36 $ 439,174.45 $ 558,606.00 $ 445,542.88 NO BID PART 1F - WASTEWATER IMPROVEMENTS 1F1 Mobilization (Max. 5% of Part 1F) LS 1 25,000.00 $ 25,000.00 $ 45,500.00 $ 45,500.00 $ 45,000.00 $ 45,000.00 $ 37,200.00 $ 37,200.00 0 1F2 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10'-18') LF 589 134.40 $ 79,161.60 $ 194.00 $ 114,266.00 $ 270.00 $ 159,030.00 $ 354.56 $ 208,835.84 0 1F3 Remove Existing 12" VCP Wastewater LF 221 56.00 $ 12,376.00 $ 53.00 $ 11,713.00 $ 69.00 $ 15,249.00 $ 56.40 $ 12,464.40 0 1F4 Remove Existing 10" CIP Force Main LF 93 56.00 $ 5,208.00 $ 41.00 $ 3,813.00 $ 54.00 $ 5,022.00 $ 52.80 $ 4,910.40 0 1F5 Remove Existing 18" PVC Force Main LF 102 56.00 $ 5,712.00 $ 48.00 $ 4,896.00 $ 63.00 $ 6,426.00 $ 70.50 $ 7,191.00 0 1F6 Remove Wastewater Service LF 186 22.40 $ 4,166.40 $ 52.00 $ 9,672.00 $ 68.00 $ 12,648.00 $ 120.00 $ 22,320.00 0 1F7 6" C900 (DR -18) PVC (8'-10') LF 187 95.20 $ 17,802.40 $ 145.00 $ 27,115.00 $ 190.00 $ 35,530.00 $ 95.00 $ 17,765.00 0 1F8 12" C900 (DR -18) PVC (8'-10') LF 34 145.60 $ 4,950.40 $ 166.00 $ 5,644.00 $ 220.00 $ 7,480.00 $ 224.15 $ 7,621.10 0 1F9 10" DI Force Main LF 107 207.20 $ 22,170.40 $ 713.00 $ 76,291.00 $ 930.00 $ 99,510.00 $ 235.39 $ 25,186.73 0 1F10 18" DI Force Main LF 117 263.20 $ 30,794.40 $ 926.00 $ 108,342.00 $ 1,200.00 $ 140,400.00 $ 387.00 $ 45,279.00 0 1F11 Pipe Trench Safety LF 445 28.00 $ 12,460.00 $ 32.00 $ 14,240.00 $ 42.00 $ 18,690.00 $ 7.20 $ 3,204.00 0 1F12 Well Pointing LF 445 39.20 $ 17,444.00 $ 81.00 $ 36,045.00 $ 110.00 $ 48,950.00 $ 84.00 $ 37,380.00 0 1F13 16" Dia. 3/8" Steel Casing (Welded) LF 48 218.40 $ 10,483.20 $ 266.00 $ 12,768.00 $ 350.00 $ 16,800.00 $ 166.93 $ 8,012.64 0 1F14 30" Dia. 3/8" Steel Casing (Welded) EA 48 252.00 $ 12,096.00 $ 344.00 $ 16,512.00 $ 450.00 $ 21,600.00 $ 315.66 $ 15,151.68 0 1F15 10" 45° Bend EA 2 784.00 $ 1,568.00 $ 1,070.00 $ 2,140.00 $ 1,400.00 $ 2,800.00 $ 694.80 $ 1,389.60 0 1F16 10" 90° Bend EA 4 868.00 $ 3,472.00 $ 1,360.00 $ 5,440.00 $ 1,800.00 $ 7,200.00 $ 940.80 $ 3,763.20 0 1F17 25000 EA 2 2,576.00 $ 5,152.00 $ 2,520.00 $ 5,040.00 $ 3,300.00 $ 6,600.00 $ 2,019.60 $ 4,039.20 0 1F18 18" 90° Bend EA 4 2,576.00 $ 10,304.00 $ 2,830.00 $ 11,320.00 $ 3,700.00 $ 14,800.00 $ 2,282.40 $ 9,129.60 0 1F19 Air Release Valve EA 2 5,040.00 $ 10,080.00 $ 9,980.00 $ 19,960.00 $ 13,000.00 $ 26,000.00 $ 10,920.00 $ 21,840.00 0 1F20 4' Diameter Manhole VF 2 8,960.00 $ 17,920.00 $ 20,400.00 $ 40,800.00 $ 26,600.00 $ 53,200.00 $ 12,913.20 $ 25,826.40 0 1F21 Manhole Extra Depth (> 6') EA 7 1,120.00 $ 7,840.00 $ 729.00 $ 5,103.00 $ 950.00 $ 6,650.00 $ 588.00 $ 4,116.00 0 1F22 Manhole Trench Safety EA 2 1,120.00 $ 2,240.00 $ 4,000.00 $ 8,000.00 $ 5,200.00 $ 10,400.00 $ 1,200.00 $ 2,400.00 0 1F23 New Wastewater Service Lateral (with C/O) (Incl. Well Pointing and Trench Safety, as Needed) EA 9 3,584.00 $ 32,256.00 $ 6,980.00 $ 62,820.00 $ 9,100.00 $ 81,900.00 $ 6,850.80 $ 61,657.20 0 1F24 Remove Sewage and Grout Fill Bottom of Existing 4' Manhole to Flowline EA 1 1,680.00 $ 1,680.00 $ 3,440.00 $ 3,440.00 $ 4,500.00 $ 4,500.00 $ 9,000.00 $ 9,000.00 0 1F25 Rehabilitate Existing Manhole with F/G Liner and New 24" Ring and Cover EA 3 6,720.00 $ 20,160.00 $ 11,300.00 $ 33,900.00 $ 14,700.00 $ 44,100.00 $ 12,082.80 $ 36,248.40 0 Page 6 of 8 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 1 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1F26 Adjust 10" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 4 13,440.00 $ 53,760.00 $ 8,860.00 $ 35,440.00 $ 11,600.00 $ 46,400.00 $ 19,461.60 $ 77,846.40 0 1F27 Adjust 18" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 4 22 960.00 $ 91,840.00 $ 8,860.00 $ 35,440.00 $ 11,600.00 $ 46,400.00 $ 29,019.60 $ 116,078.40 0 1F28 Adjust Existing Wastewater Manhole EA 13 1,064.00 $ 13,832.00 $ 4,230.00 $ 54,990.00 $ 5,500.00 $ 71,500.00 $ 2,070.00 $ 26,910.00 0 1F29 Adjust Existing Valve Box EA 1 168.00 $ 168.00 $ 603.00 $ 603.00 $ 790.00 $ 790.00 $ 840.00 $ 840.00 0 1F30 Connect to Existing 10" CIP Force Main EA 2 728.00 $ 1,456.00 $ 6,240.00 $ 12,480.00 $ 8,100.00 $ 16,200.00 $ 3,390.00 $ 6,780.00 0 1F31 Connect to Existing 18" PVC Force Main EA 2 896.00 $ 1,792.00 $ 6,910.00 $ 13,820.00 $ 9,000.00 $ 18,000.00 $ 3,747.60 $ 7,495.20 0 1F32 Connect to Existing Wastewater Manhole EA 4 1,680.00 $ 6,720.00 $ 6,040.00 $ 24,160.00 $ 7,900.00 $ 31,600.00 $ 3,720.00 $ 14,880.00 0 1F33 Connect Existing Wastewater Line to Proposed Manhole EA 4 1,680.00 $ 6,720.00 $ 6,040.00 $ 24,160.00 $ 7,900.00 $ 31,600.00 $ 4,200.00 $ 16,800.00 0 1F34 Allowance for Unanticipated Wastewater Improvements AL 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 0 SUBTOTAL PART 1F - WASTEWATER IMPROVEMENTS $ 573,784.80 $ 910,873.00 $ 1,177,975.00 $ 924,561.39 NO BID PART 1G REDHEAD POND MITIGATION 1G1 Mobilization (Max. 5% Part of 1G) LS 1 $ 5,000.00 $ 5,000.00 $ 7,000.00 $ 7,000.00 $ 35,000.00 $ 35,000.00 $ 6,000.00 $ 6,000.00 0 1G2 Silt Fence LF 1,000 $ 4.25 $ 4,250.00 $ 5.05 $ 5,050.00 $ 8.20 $ 8,200.00 $ 6.00 $ 6,000.00 0 1G3 Rock Filter Dam EA 3 $ 500.00 $ 1,500.00 $ 748.00 $ 2,244.00 $ 4,400.00 $ 13,200.00 $ 4,000.00 $ 12,000.00 0 1G4 Revegetation (Hydromulch) SY 877 $ 1.50 $ 1,315.50 $ 1.55 $ 1,359.35 $ 5.00 $ 4,385.00 $ 3.00 $ 2,631.00 0 1G5 Remove Existing 15" RCP LF 6 $ 25.00 $ 150.00 $ 88.00 $ 528.00 $ 35.00 $ 210.00 $ 42.00 $ 252.00 0 1G6 Remove Existing 18" RCP LF 706 $ 30.00 $ 21,180.00 $ 14.00 $ 9,884.00 $ 55.00 $ 38,830.00 $ 42.00 $ 29,652.00 0 1G7 Remove Existing 30" RCP LF 27 $ 35.00 $ 945.00 $ 39.00 $ 1,053.00 $ 100.00 $ 2,700.00 $ 42.00 $ 1,134.00 0 1G8 Remove Existing Grate Inlet & Concrete Flume EA 1 $ 2,000.00 $ 2,000.00 $ 1,070.00 $ 1,070.00 $ 5,900.00 $ 5,900.00 $ 14,400.00 $ 14,400.00 0 1G9 Remove Existing Bollard & Cable Fence LF 21 $ 20.00 $ 420.00 $ 12.00 $ 252.00 $ 180.00 $ 3,780.00 $ 48.00 $ 1,008.00 0 1G10 Remove & Replace Existing Chainlink Fence LF 22 $ 79.35 $ 1,745.70 $ 79.00 $ 1,738.00 $ 170.00 $ 3,740.00 $ 130.80 $ 2,877.60 0 1G11 Ditch Excavation CY 650 $ 12.50 $ 8,125.00 $ 31.00 $ 20,150.00 $ 110.00 $ 71,500.00 $ 60.00 $ 39,000.00 0 1G12 5" Concrete Riprap SY 516 $ 86.00 $ 44,376.00 $ 165.00 $ 85,140.00 $ 200.00 $ 103,200.00 $ 120.00 $ 61,920.00 0 1G13 Bollard & Cable Fence LF 8 $ 126.50 $ 1,012.00 $ 127.00 $ 1,016.00 $ 530.00 $ 4,240.00 $ 132.00 $ 1,056.00 0 1G14 Metal Beam Guard Fence LF 56 82.80 $ 4,636.80 $ 44.00 $ 2,464.00 $ 75.00 $ 4,200.00 $ 112.80 $ 6,316.80 0 1G15 Articulated Concrete Block Matting SY 83 130.00 $ 10,790.00 $ 145.00 $ 12,035.00 $ 160.00 $ 13,280.00 $ 62.40 $ 5,179.20 0 SUBTOTAL PART 1G - REDHEAD POND MITIGATION $ 107,446.00 $ 150,983.35 $ 312,365.00 $ 189,426.60 NO BID PART 1H LAGUNA SHORES LIVING SHORELINE 1H1 Additional Mobilization LS 1 $ 2,500.00 $ 2,500.00 $ 12,000.00 $ 12,000.00 25000 $ 25,000.00 $ 60,000.00 $ 60,000.00 0 1H2 Construction Surveys LS 1 $ 8,000.00 $ 8,000.00 $ 5,920.00 $ 5,920.00 115500 $ 115,500.00 $ 120,000.00 $ 120,000.00 0 1H3 Graded Riprap LF 495 $ 200.00 $ 99,000.00 $ 394.00 $ 195,030.00 $ 720.00 $ 356,400.00 $ 66.00 $ 32,670.00 0 Page 7 of 8 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 1 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1H4 Geotextile SY 800 $ 10.00 $ 8,000.00 $ 9.70 $ 7,760.00 $ 11.75 $ 9,400.00 $ 14.40 $ 11,520.00 0 1H5 Marsh Fill CY 165 $ 35.00 $ 5,775.00 $ 37.00 $ 6,105.00 $ 120.00 $ 19,800.00 $ 300.00 $ 49,500.00 0 1H6 Marsh Planting LS 1 $ 12,000.00 $ 12,000.00 $ 31,600.00 $ 31,600.00 $ 41,300.00 $ 41,300.00 $ 1,140,000.00 $ 1,140,000.00 0 SUBTOTAL PART 1H - LAGUNA SHORES LIVING SHORELINE $ 135,275.00 $ 258,415.00 $ 567,400.00 $ 1,413,690.00 NO BID TOTAL BASE BID 1 - (PARTS 1A THRU 1H) $ 3,548,277.14 $ 4,103,139.47 $ 6,217,350.40 $ 6,300,962.65 NO BID Page 8 of 8 TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BID DATE: Wed., August 5, 2020 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 2 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Reytec Constr Resources 1901 Hollister Houston, TX 78080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PART 2A - GENERAL 2A1 Mobilization (Max. 5% of Part 2A) LS 1 $ 2,500.00 $ 2,500.00 $ 12,000.00 $ 12,000.00 2A2 Bonds & Insurance (Base Bid 2) AL 1 $ 59,500.00 $ 59,500.00 $ 71,000.00 $ 71,000.00 2A3 Traffic Control Mobilization/Adjustments LS 1 $ 8,000.00 $ 8,000.00 $ 6,200.00 $ 6,200.00 2A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, LPCB, etc.) MO 7 $ 1,080.00 $ 7,560.00 $ 16,200.00 $ 113,400.00 2A5 Message Boards for Traffic Control EA 5 $ 12,000.00 $ 60,000.00 $ 18,000.00 $ 90,000.00 2A6 Ozone Advisory Day DAYS 3 $ 1.00 $ 3.00 $ 500.00 $ 1,500.00 2A7 Storm Water Pollution Prevention Plan LS 1 $ 5,000.00 $ 5,000.00 $ 19,000.00 $ 19,000.00 2A8 Inlet Protection EA 2 $ 125.00 $ 250.00 $ 300.00 $ 600.00 2A9 Rock Filter Dam EA 14 $ 810.00 $ 11,340.00 $ 750.00 $ 10,500.00 2A10 Silt Fence LF 3,290 $ 4.25 $ 13,982.50 $ 5.00 $ 16,450.00 2A11 Revegetation (Hydromulch) SY 3,532 $ 1.50 $ 5,298.00 $ 2.00 $ 7,064.00 2Al2 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 SUBTOTAL PART 2A - GENERAL $ 178,433.50 $ 352,714.00 NO BID NO BID NO BID PART 2B - STREET IMPROVEMENTS 2B1 Mobilization (Max. 5% of Part 2B) LS 1 $ 35,000.00 $ 35,000.00 $ 50,000.00 $ 50,000.00 2B2 Remove Curb and Gutter LF 92 $ 3.50 $ 322.00 $ 10.00 $ 920.00 2B3 Removal of Sign and Sign Support Assembly EA 10 $ 150.00 $ 1,500.00 $ 46.00 $ 460.00 2B4 Remove Existing Metal Beam Guard Rail LF 390 $ 5.00 $ 1,950.00 $ 5.00 $ 1,950.00 265 Pulverize & Recompact Existing Roadway Pavement SY 2,280 $ 25.00 $ 57,000.00 $ 9.00 $ 20,520.00 2B6 Street Excavation (1' Beyond E.O.P.) SY 9,428 $ 10.00 $ 94,280.00 $ 9.00 $ 84,852.00 2B7 10" Cement Stabilized Subgrade Preparation (1' Beyond E.O.P.) SY 11,708 $ 33.00 $ 386,364.00 $ 28.00 $ 327,824.00 Page 1 of 9 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 2 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Reytec Constr Resources 1901 Hollister Houston, TX 78080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 268 6" Reinforced Concrete Pavement (4,000 psi) SY 11,024 $ 70.00 $ 771,680.00 $ 81.00 $ 892,944.00 2B9 Level Up Mill (0"-1") & 1 1/2" HMACType D Overlay SY 2,180 $ 20.68 $ 45,082.40 $ 21.00 $ 45,780.00 2610 Full Depth Pavement Repair SY 190 $ 155.25 $ 29,497.50 $ 123.00 $ 23,370.00 2B11 6" Curb and Gutter LF 139 $ 25.00 $ 3,475.00 $ 33.00 $ 4,587.00 2612 Concrete Driveway (Incl. Existing Driveway Removal) SF 3'292 $ 12.50 $ 41,150.00 $ 10.00 $ 32,920.00 2B13 Pavement Markings (24" Wide, White, Type C Hear Applied, 125 mil, Preformed Thermoplastic "Stop Bar" Marking Lines) LF 39 $ 21.60 $ 842.40 $ 19.00 $ 741.00 2814 Pavement Markings (Crosswalk Markings - Total LF of 24" Wide, White, Type C Heat Applied, 125 mil, Preformed Thermoplastic) LF 38 $ 21.60 $ 820.80 $ 19.00 $ 722.00 2B15 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - Yellow 4" Solid LF 4,666 $ 0.66 $ 3,079.56 $ 0.80 $ 3,732.80 2B16 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - Yellow 4" Broken LF 150 $ 1.50 $ 225.00 $ 2.00 $ 300.00 2B17 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - White 4" Solid LF 6,006 $ 0.66 $ 3,963.96 $ 0.80 $ 4,804.80 2818 TYII-A-A Raised Pavement Marker (Reflectorized) EA 66 $ 6.00 $ 396.00 $ 6.00 $ 396.00 2619 TYII-B-B Raised Pavement Market (Reflectorized) EA 2 $ 18.00 $ 36.00 $ 16.00 $ 32.00 2820 Type 2 Object Marker with Flexible Post (OM -2Z) (FLX) EA 7 $ 114.00 $ 798.00 $ 100.00 $ 700.00 2621 Chevron Alignment (W1 -8L) (18"x24") (Incl. Metal Pole and Foundation) EA 5 $ 528.00 $ 2,640.00 $ 46.00 $ 230.00 Page 2 of 9 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 2 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Reytec Constr Resources 1901 Hollister Houston, TX 78080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2822 Chevron Alignment (W1 -8R) (18"x24") (Incl. Metal Pole and Foundation) EA 5 $ 528.00 $ 2,640.00 $ 460.00 $ 2,300.00 2B23 Combo Stop Sign (R1-1) (30"x30") / Street Name Sign (Incl. Metal Pole and Foundation) EA 4 $ 750.00 $ 3,000.00 $ 650.00 $ 2,600.00 2B24 Stop Ahead (W3-1) (30"x30") (Incl. Metal Pole and Foundation) EA 2 $ 570.00 $ 1,140.00 $ 500.00 $ 1,000.00 2825 Speed Limit Sign (R2-1) (24"x30") (Incl. Metal Pole and Foundation) EA 4 $ 540.00 $ 2,160.00 $ 470.00 $ 1,880.00 2B26 Reverse Curve (W1 -4L) (30"x30") (Incl. Metal Pole and Foundation) EA 2 $ 570.00 $ 1,140.00 $ 500.00 $ 1,000.00 2827 Merge (W4 -1R) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 570.00 $ 570.00 $ 500.00 $ 500.00 2B28 One Way (R6 -1R) (36"x12") (Incl. Metal Pole and Foundation) EA 1 $ 510.00 $ 510.00 $ 500.00 $ 500.00 2B29 Traffic Rail - Type 631LS LF 625 $ 82.80 $ 51,750.00 $ 76.00 $ 47,500.00 2B30 Guardrail Terminal EA 4 $ 3,220.00 $ 12,880.00 $ 6,000.00 $ 24,000.00 2631 Erosion Control Matting (TRM) SY 7,751 $ 19.44 $ 150,679.44 $ 22.00 $ 170,522.00 2B32 Temporary Cofferdam EA 2 $ 10,000.00 $ 20,000.00 $ 850.00 $ 1,700.00 2633 Select Fill Embankment CY 1,856 $ 32.00 $ 59,392.00 $ 28.00 $ 51,968.00 2B34 Articulated Concrete Block Matting (Revetment) SY 1,205 $ 130.00 $ 156,650.00 $ 140.00 $ 168,700.00 2635 Allowance for Unanticipated Street Improvements AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 2B - STREET IMPROVEMENTS $ 1,967,614.06 $ 1,996,955.60 NO BID NO BID NO BID PART 2C - ADA IMPROVEMENTS 2C1 Mobilization (Max. 5% of Part 2C) LS 1 $ 500.00 $ 500.00 $ 300.00 $ 300.00 2C2 Remove Existing Concrete Sidewalk SF 73 $ 3.00 $ 219.00 $ 2.25 $ 164.25 2C3 Remove Existing Curb Ramp SF 147 $ 4.00 $ 588.00 $ 2.25 $ 330.75 2C4 5' Concrete Pedestrian Sidewalk SF 25 $ 8.00 $ 200.00 $ 20.00 $ 500.00 2C5 Sidewalk Ramp SF 182 $ 25.00 $ 4,550.00 $ 40.00 $ 7,280.00 SUBTOTAL PART 2C - ADA IMPROVEMENTS $ 6,057.00 $ 8,575.00 Page 3 of 9 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 2 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Reytec Constr Resources 1901 Hollister Houston, TX 78080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PART 2D - DRAINAGE IMPROVEMENTS 2D1 Mobilization (Max. 5% of Part 2D) LS 1 $ 20,000.00 $ 20,000.00 $ 35,000.00 $ 35,000.00 2D2 Remove Existing 12" RCP LF 46 $ 23.52 $ 1,081.92 $ 5.00 $ 230.00 2D3 Remove Existing 12" CPP LF 18 $ 23.52 $ 423.36 $ 5.00 $ 90.00 2D4 Remove Existing 15" RCP LF 292 $ 23.52 $ 6,867.84 $ 6.00 $ 1,752.00 2D5 Remove Existing 18" RCP LF 250 $ 23.52 $ 5,880.00 $ 6.00 $ 1,500.00 2D6 Remove Existing 24" RCP LF 76 $ 24.64 $ 1,872.64 $ 6.00 $ 456.00 2D7 Remove Existing 24" CPP LF 164 $ 31.63 $ 5,187.32 $ 7.00 $ 1,148.00 2D8 Remove Existing 8'x4' Reinforced Concrete Box Culvert LF 183 $ 143.75 $ 26,306.25 $ 76.00 $ 13,908.00 2D9 Remove Existing Curb Inlet EA 2 $ 1,092.50 $ 2,185.00 $ 250.00 $ 500.00 2D10 Remove Existing Headwall/Wingwall EA 2 $ 3,220.00 $ 6,440.00 $ 7,400.00 $ 14,800.00 2D11 Remove Concrete Channel SY 133 $ 11.50 $ 1,529.50 $ 26.00 $ 3,458.00 2D12 Ditch Excavation and Regrading/Reshaping LF 3,453 $ 12.00 $ 41,436.00 $ 12.00 $ 41,436.00 2D13 13.5"x22" Class III Reinforced Concrete Arch Pipe LF 229 $ 210.45 $ 48,193.05 $ 254.00 $ 58,166.00 2D14 18"x28.5" Class III Reinforced Concrete Arch Pipe LF 151 $ 224.25 $ 33,861.75 $ 285.00 $ 43,035.00 2D15 18" Class IV RCP LF 32 $ 62.10 $ 1,987.20 $ 145.00 $ 4,640.00 2D16 24" Class IV RCP LF 297 80.50 $ 23,908.50 $ 190.00 $ 56,430.00 2D17 13.5"x22" Class IV Reinforced Concrete Arch Pipe LF 43 $ 226.55 $ 9,741.65 $ 306.00 $ 13,158.00 2D18 18"x28.5" Class IV Reinforced Concrete Arch Pipe LF 174 $ 241.50 $ 42,021.00 $ 320.00 $ 55,680.00 2D19 10'x4' Reinforced Concrete Box Culvert LF 216 $ 1,150.00 $ 248,400.00 $ 2,000.00 $ 432,000.00 2D20 Pipe Trench Safety LF 1,142 $ 5.75 $ 6,566.50 $ 0.50 $ 571.00 2D21 Well Pointing LF 1,142 $ 28.75 $ 32,832.50 $ 30.00 $ 34,260.00 2D22 Headwall/Wingwalls for O'Neill Channel EA 2 $ 21,000.00 $ 42,000.00 $ 50,000.00 $ 100,000.00 2D23 5" Concrete Rip Rap for O'Neill Channel SF 1,719 $ 13.80 $ 23,722.20 $ 20.00 $ 34,380.00 2D24 Safety End Treatment (Type II) (3:1) (24") EA 12 $ 2,185.00 $ 26,220.00 $ 2,600.00 $ 31,200.00 Page 4 of 9 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 2 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Reytec Constr Resources 1901 Hollister Houston, TX 78080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2D25 Safety End Treatment (Type II) (3:1) (13.5"x22") EA 3 $ 2,070.00 $ 6,210.00 $ 3,300.00 $ 9,900.00 2D26 Safety End Treatment (Type II) (6:1) (13.5"x22") EA 11 $ 2,760.00 $ 30,360.00 $ 5,000.00 $ 55,000.00 2D27 Safety End Treatment (Type II) (3:1) (18"x28.5") EA 5 $ 2,760.00 $ 13,800.00 $ 3,800.00 $ 19,000.00 2D28 Safety End Treatment (Type II) (6:1) (18"x28.5") EA 1 $ 2,932.50 $ 2,932.50 $ 5,900.00 $ 5,900.00 2D29 4" Concrete Slope Protection SF 275 $ 12.65 $ 3,478.75 $ 15.00 $ 4,125.00 2D30 4'-8"x4" Junction Box with Grate/Frame Unit EA 1 $ 7,820.00 $ 7,820.00 $ 6,600.00 $ 6,600.00 2D31 5' Curb Inlet EA 1 $ 5,462.50 $ 5,462.50 $ 4,600.00 $ 4,600.00 2D32 Precast Special Junction Box w/ 5' Curb Inlet EA 1 $ 14,375.00 $ 14,375.00 $ 7,200.00 $ 7,200.00 2D33 Junction Box/Grate Inlet/Curb Inlet Trench Safety EA 3 $ 632.50 $ 1,897.50 $ 50.00 $ 150.00 2D34 Pipe Support EA 4 $ 2,760.00 $ 11,040.00 $ 2,000.00 $ 8,000.00 2D35 Temporary Cofferdam EA 2 $ 25,384.00 $ 50,768.00 $ 51,000.00 $ 102,000.00 2D36 Allowance for Unanticipated Drainage Improvements AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART 2D - DRAINAGE IMPROVEMENTS $ 816,808.43 $ 1,210,273.00 NO BID NO BID NO BID PART 2E - WATER IMPROVEMENTS 2E1 Mobilization (Max. 5% of Part 2E) LS 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 2E2 Remove and Salvage Existing Fire Hydrant EA 1 $ 1,680.00 $ 1,680.00 $ 670.00 $ 670.00 2E3 Remove Existing 6" PVC Waterline LF 91 $ 22.40 $ 2,038.40 $ 15.00 $ 1,365.00 2E4 Remove Existing 6" CIP Waterline LF 580 $ 28.00 $ 16,240.00 $ 13.00 $ 7,540.00 2E5 Remove Existing 6" ACP Waterline LF 496 $ 28.00 $ 13,888.00 $ 18.00 $ 8,928.00 2E6 Remove Existing 8" Waterline LF 40 $ 44.80 $ 1,792.00 $ 16.00 $ 640.00 2E7 Remove Existing 12" Waterline LF 43 $ 56.00 $ 2,408.00 $ 17.00 $ 731.00 2E8 Remove Existing CIP Waterline to Gateway Lift Station LF 40 $ 27.50 $ 1,100.00 $ 16.00 $ 640.00 2E9 Remove Water Service LF 196 $ 44.00 $ 8,624.00 $ 3.00 $ 588.00 Page 5 of 9 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 2 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Reytec Constr Resources 1901 Hollister Houston, TX 78080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2E10 Remove Water Meter EA 9 $ 220.00 $ 1,980.00 $ 80.00 $ 720.00 2E11 6" DIP Waterline (Class 350) LF 101 $ 112.00 $ 11,312.00 $ 167.00 $ 16,867.00 2E12 8" C900 PVC Waterline LF 1,120 $ 85.00 $ 95,200.00 $ 103.00 $ 115,360.00 2E13 12" C900 PVC Waterline LF 44 $ 88.00 $ 3,872.00 $ 219.00 $ 9,636.00 2E14 Pipe Trench Safety LF 1,265 $ 5.50 $ 6,957.50 $ 1.00 $ 1,265.00 2E15 Well Pointing LF 1,265 $ 43.00 $ 54,395.00 $ 25.00 $ 31,625.00 2E16 6" DI 45° Bend EA 4 $ 616.00 $ 2,464.00 $ 380.00 $ 1,520.00 2E17 6" DI 90° Bend EA 4 $ 632.50 $ 2,530.00 $ 400.00 $ 1,600.00 2E18 8" DI 45° Bend EA 2 $ 660.00 $ 1,320.00 $ 440.00 $ 880.00 2E19 8" Gate Valve & Box EA 4 $ 1,792.00 $ 7,168.00 $ 1,600.00 $ 6,400.00 2E20 12" 11.25° Bend EA 2 $ 840.00 $ 1,680.00 $ 710.00 $ 1,420.00 2E21 12" Gate Valve & Box EA 1 $ 2,744.00 $ 2,744.00 $ 2,750.00 $ 2,750.00 2E22 8" x 6" Reducer EA 2 $ 560.00 $ 1,120.00 $ 300.00 $ 600.00 2E23 8" Tee EA 2 $ 784.00 $ 1,568.00 $ 670.00 $ 1,340.00 2E24 12"x8" Reducer EA 1 $ 728.00 $ 728.00 $ 600.00 $ 600.00 2E25 Adjust 8" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 5 $ 6,944.00 $ 34,720.00 $ 9,500.00 $ 47,500.00 2E26 Connect to Existing 6" PVC WL (Incl. All Required Fittings) with Omni Coupling System EA 3 $ 1,736.00 $ 5,208.00 $ 3,700.00 $ 11,100.00 2E27 Connect to Existing 6" ACP WL (Incl. All Required Fittings) with Omni Coupling System EA 1 $ 1,736.00 $ 1,736.00 $ 3,700.00 $ 3,700.00 2E28 Connect to Existing 8" WL (Incl. All Required Fittings) with Omni Coupling System EA 1 $ 2,062.50 $ 2,062.50 $ 4,100.00 $ 4,100.00 2E29 Connect to Existing 12" WL (Incl. All Required Fittings) with Omni Coupling System EA 1 $ 2,750.00 $ 2,750.00 $ 3,900.00 $ 3,900.00 2E30 Fire Hydrant Assembly (Type 2) EA 1 $ 11,200.00 $ 11,200.00 $ 11,100.00 $ 11,100.00 Page 6 of 9 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 2 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Reytec Constr Resources 1901 Hollister Houston, TX 78080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2E31 1" PE Water Service (Incl. Service Saddle, Corp Stop, PE, and Reconnection) LF 184 $ 142.24 $ 26,172.16 $ 75.00 $ 13,800.00 2E32 Allowance for Unanticipated Water ImproN) AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART 2E - WATER IMPROVEMENTS $ 346,657.56 $ 328,885.00 NO BID NO BID NO BID PART 2F - WASTEWATER IMPROVEMENTS 2F1 Mobilization (Max. 5% of Part 2F) LS 1 $ 20,000.00 $ 20,000.00 $ 25,000.00 $ 25,000.00 2F2 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10'-18') LF 589 $ 134.40 $ 79,161.60 $ 210.00 $ 123,690.00 2F3 Remove Existing 12" VCP Wastewater LF 221 $ 56.00 $ 12,376.00 $ 5.00 $ 1,105.00 2F4 Remove Existing 10" CIP Force Main LF 93 $ 56.00 $ 5,208.00 $ 25.00 $ 2,325.00 2F5 Remove Existing 18" PVC Force Main LF 102 $ 56.00 $ 5,712.00 $ 25.00 $ 2,550.00 2F6 Remove Wastewater Service LF 186 $ 22.40 $ 4,166.40 $ 14.00 $ 2,604.00 2F7 6" C900 (DR -18) PVC (8'-10') LF 187 $ 95.20 $ 17,802.40 $ 290.00 $ 54,230.00 2F8 12" C900 (DR -18) PVC (8'-10') LF 34 $ 145.60 $ 4,950.40 $ 435.00 $ 14,790.00 2F9 10" DI Force Main LF 107 $ 207.20 $ 22,170.40 $ 336.00 $ 35,952.00 2F10 18" DI Force Main LF 117 $ 263.20 $ 30,794.40 $ 480.00 $ 56,160.00 2F11 Pipe Trench Safety LF 445 $ 28.00 $ 12,460.00 $ 20.00 $ 8,900.00 2F12 Well Pointing LF 445 $ 39.20 $ 17,444.00 $ 50.00 $ 22,250.00 2F13 16" Dia. 3/8" Steel Casing (Welded) LF 48 $ 218.40 $ 10,483.20 $ 177.00 $ 8,496.00 2F14 30" Dia. 3/8" Steel Casing (Welded) LF 48 $ 252.00 $ 12,096.00 $ 295.00 $ 14,160.00 2F15 10" 45° Bend EA 2 $ 784.00 $ 1,568.00 $ 890.00 $ 1,780.00 2F16 10" 90° Bend EA 4 $ 868.00 $ 3,472.00 $ 1,070.00 $ 4,280.00 2F17 18" 45° Bend EA 2 $ 2,576.00 $ 5,152.00 $ 2,300.00 $ 4,600.00 2F18 18" 90° Bend EA 4 $ 2,576.00 $ 10,304.00 $ 2,500.00 $ 10,000.00 2F19 Air Release Valve EA 2 $ 5,040.00 $ 10,080.00 $ 5,100.00 $ 10,200.00 2F20 4' Diameter Manhole EA 2 $ 8,960.00 $ 17,920.00 $ 18,000.00 $ 36,000.00 2F21 Manhole Extra Depth (> 6') VF 7 $ 1,120.00 $ 7,840.00 $ 150.00 $ 1,050.00 2F22 Manhole Trench Safety EA 2 $ 1,120.00 $ 2,240.00 $ 1,300.00 $ 2,600.00 2F23 New Wastewater Service Lateral (with C/O) (Incl. Well Pointing and Trench Safety, as Needed) EA 9 $ 3,584.00 $ 32,256.00 $ 4,000.00 $ 36,000.00 Page 7 of 9 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 2 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Reytec Constr Resources 1901 Hollister Houston, TX 78080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2F24 Remove Sewage and Grout Fill Bottom of Existing 4' Manhole to Flowline EA 1 $ 1,680.00 $ 1,680.00 $ 2,150.00 $ 2,150.00 2F25 Rehabilitate Existing Manhole with F/G Liner and New 24" Ring and Cover EA 3 $ 6,720.00 $ 20,160.00 $ 17,000.00 $ 51,000.00 2F26 Adjust 10" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 4 $ 13,440.00 $ 53,760.00 $ 15,000.00 $ 60,000.00 2F27 Adjust 18" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 4 $ 22 960.00 $ 91,840.00 $ 29,000.00 $ 116,000.00 2F28 Adjust Existing Wastewater Manhole EA 13 $ 1,064.00 $ 13,832.00 $ 2,800.00 $ 36,400.00 2F29 Adjust Existing Valve Box EA 1 $ 168.00 $ 168.00 $ 600.00 $ 600.00 2F30 Connect to Existing 10" CIP Force Main EA 2 $ 728.00 $ 1,456.00 $ 1,500.00 $ 3,000.00 2F31 Connect to Existing 18" PVC Force Main EA 2 $ 896.00 $ 1,792.00 $ 2,700.00 $ 5,400.00 2F32 Connect to Existing Wastewater Manhole EA 4 $ 1,680.00 $ 6,720.00 $ 1,400.00 $ 5,600.00 2F33 Connect Existing Wastewater Line to Proposed Manhole EA 4 $ 1,680.00 $ 6,720.00 $ 700.00 $ 2,800.00 2F34 Allowance for Unanticipated Wastewater Improvements AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 2F - WASTEWATER IMPROVEMENTS $ 568,784.80 $ 786,672.00 NO BID NO BID NO BID PART 2G REDHEAD POND MITIGATION 2G1 Mobilization (Max. 5% Part of 1G) LS 1 $ 5,000.00 $ 5,000.00 4000 $ 4,000.00 2G2 Silt Fence LF 1,000 $ 4.25 $ 4,250.00 5 $ 5,000.00 2G3 Rock Filter Dam EA 3 $ 500.00 $ 1,500.00 750 $ 2,250.00 2G4 Revegetation (Hydromulch) SY 877 $ 1.50 $ 1,315.50 3 $ 2,631.00 2G5 Remove Existing 15" RCP LF 6 $ 24.00 $ 144.00 10 $ 60.00 2G6 Remove Existing 18" RCP LF 706 $ 25.00 $ 17,650.00 10 $ 7,060.00 2G7 Remove Existing 30" RCP LF 27 $ 30.00 $ 810.00 20 $ 540.00 2G8 Remove Existing Grate Inlet & Concrete Flume EA 1 $ 2,000.00 $ 2,000.00 300 $ 300.00 2G9 Remove Existing Bollard & Cable Fence LF 21 $ 20.00 $ 420.00 20 $ 420.00 2G10 Remove & Replace Existing Chainlink Fence LF 22 $ 79.35 $ 1,745.70 95 $ 2,090.00 2G11 Ditch Excavation CY 650 $ 14.00 $ 9,100.00 28 $ 18,200.00 Page 8 of 9 LAGUNA SHORES RD - GRAHAM TO SPID PROJ NO 18026A (SEGMENT 1) - BASE BID 2 RFB #3127 Mako Contracting 3636 S Alameda #B153 CC, TX 78411 Reytec Constr Resources 1901 Hollister Houston, TX 78080 Haas-Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2G12 5" Concrete Riprap SY 516 $ 110.00 $ 56,760.00 160 $ 82,560.00 2G13 Bollard & Cable Fence LF 8 $ 126.50 $ 1,012.00 120 $ 960.00 2G14 Metal Beam Guard Fence LF 56 82.80 $ 4,636.80 $ 80.00 $ 4,480.00 2G15 Articulated Concrete Block Matting SY 83 130.00 $ 10,790.00 $ 165.00 $ 13,695.00 SUBTOTAL PART 2G - REDHEAD POND MITIGATION $ 117,134.00 $ 144,246.00 NO BID NO BID NO BID PART 2H - LAGUNA SHORES LIVING SHORELINE 2H1 Additional Mobilization LS 1 $ 2,500.00 $ 2,500.00 270000 $ 270,000.00 2H2 Construction Survey LS 1 $ 8,000.00 $ 8,000.00 100000 $ 100,000.00 2H3 Graded Riprap LF 495 $ 200.00 $ 99,000.00 $ 620.00 $ 306,900.00 2H4 Geotextile SY 800 $ 10.00 $ 8,000.00 $ 10.00 $ 8,000.00 2H5 Marsh Fill CY 165 $ 35.00 $ 5,775.00 $ 95.00 $ 15,675.00 2H6 Marsh Planting LS 1 $ 12,000.00 $ 12,000.00 $ 50,000.00 $ 50,000.00 SUBTOTAL PART 2H - LAGUNA SHORES LIVING SHORELINE $ 135,275.00 $ 750,575.00 NO BID NO BID NO BID TOTAL BASE BID 2 - (PARTS 2A THRU 2H) $ 4,136,764.35 $ 5,578,895.60 NO BID NO BID NO BID Page 9 of 9 TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BID DATE: Wed., August 5, 2020 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 1 RFB #3128 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PART 1A - GENERAL 1A1 Mobilization (Max. 5% of Part 1A) LS 1 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 8,000.00 $ 8,000.00 1A2 Bonds & Insurance (Base Bid 1) AL 1 $ 41,000.00 $ 41,000.00 $ 132,000.00 $ 132,000.00 $ 10.75 $ 10.75 1A3 Traffic Control Mobilization/Adjustments LS 1 $ 100,000.00 $ 100,000.00 $ 9,420.00 $ 9,420.00 $ 3,500.00 $ 3,500.00 1A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, LPCB, etc.) MO 16 $ 2,500.00 $ 40,000.00 $ 2,664.00 $ 42,624.00 $ 11,000.00 $ 176,000.00 1A5 Message Boards for Traffic Control EA 2 $ 15,000.00 $ 30,000.00 $ 23,706.76 $ 47,413.52 $ 24,800.00 $ 49,600.00 1A6 Ozone Advisory Day DAYS 3 $ 1.10 $ 3.30 $ 180.00 $ 540.00 $ 140.00 $ 420.00 1A7 Storm Water Pollution Prevention Plan LS 1 $ 50,000.00 $ 50,000.00 $ 18,000.00 $ 18,000.00 $ 1,400.00 $ 1,400.00 1A8 Inlet Protection EA 1 $ 288.00 $ 288.00 $ 380.00 $ 380.00 $ 930.00 $ 930.00 1A9 Rock Filter Dam EA 17 $ 749.00 $ 12,733.00 $ 1,920.00 $ 32,640.00 $ 1,200.00 $ 20,400.00 1A10 Silt Fence LF 3,777 $ 5.05 $ 19,073.85 $ 6.00 $ 22,662.00 $ 6.30 $ 23,795.10 1A11 Revegetation (Hydromulch) SY 7,937 $ 1.55 $ 12,302.35 $ 1.50 $ 11,905.50 $ 2.40 $ 19,048.80 1Al2 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 SUBTOTAL PART 1A - GENERAL $ 325,400.50 $ 337,585.02 $ 308,104.65 NO BID PART 1B - STREET IMPROVEMENTS 1B1 Mobilization (Max. 5% of Part 1B) LS 1 $ 95,000.00 $ 95,000.00 $ 150,000.00 $ 150,000.00 $ 35,000.00 $ 35,000.00 1B2 Removal of Sign and Sign Support Assembly EA 6 $ 55.00 $ 330.00 $ 96.00 $ 576.00 $ 340.00 $ 2,040.00 1B3 Remove Existing Metal Beam Guard Rail LF 101 $ 2.40 $ 242.40 $ 190.00 $ 19,190.00 $ 2.80 $ 282.80 1B4 Pulverize & Recompact Existing Roadway Pavement SY 8,143 $ 1.95 $ 15,878.85 $ 9.60 $ 78,172.80 $ 7.40 $ 60,258.20 1B5 Street Excavation (1' Beyond E.O.P.) SY 11,276 $ 3.00 $ 33,828.00 $ 18.00 $ 202,968.00 $ 7.40 $ 83,442.40 1B6 Subgrade Preparation (1' Beyond E.O.P.) SY 19,419 $ 3.00 $ 58,257.00 $ 12.00 $ 233,028.00 $ 2.70 $ 52,431.30 1B7 TX -5 Geogrid (1' Beyond E.O.P.) SY 19,419 $ 4.00 $ 77,676.00 $ 7.20 $ 139,816.80 $ 5.10 $ 99,036.90 1B8 11" Type A, Grade 1-2 Crushed, Limestone Base per TxDOT Std. Spec. Item No. 247 (1' Beyond E.O.P.) SY 19,419 $ 24.00 $ 466,056.00 $ 45.60 $ 885,506.40 $ 29.00 $ 563,151.00 Page 1 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 1 RFB #3128 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1B9 One Course Surface Treatment Underseal SY 19,419 $ 2.20 $ 42,721.80 $ 7.80 $ 151,468.20 $ 2.80 $ 54,373.20 1610 3" Type 'D' HMAC SY 18,295 $ 18.00 $ 329,310.00 $ 30.60 $ 559,827.00 $ 28.00 $ 512,260.00 1611 Concrete Driveway (Incl. Existing Driveway Removal) SF 9,753 $ 12.00 $ 117,036.00 $ 11.40 $ 111,184.20 $ 25.00 $ 243,825.00 1612 Pavement Markings (24" Wide, White, Type C Hear Applied, 125 mil, Preformed Thermoplastic "Stop Bar" Marking Lines) LF 84 $ 18.00 $ 1,512.00 $ 19.20 $ 1,612.80 $ 22.00 $ 1,848.00 1613 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - Yellow 4" Solid LF 6,968 $ 0.45 $ 3,135.60 $ 0.48 $ 3,344.64 $ 0.55 $ 3,832.40 1614 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - Yellow 4" Broken LF 340 $ 1.15 $ 391.00 $ 1.20 $ 408.00 $ 1.40 $ 476.00 1615 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - White 4" Solid LF 9,849 $ 0.45 $ 4,432.05 $ 0.48 $ 4,727.52 $ 0.55 $ 5,416.95 1616 TYII-A-A Raised Pavement Marker (Reflectorized) EA 107 $ 5.75 $ 615.25 $ 6.00 $ 642.00 $ 7.00 $ 749.00 1617 TYII-B-B Raised Pavement Market (Reflectorized) EA 18 $ 12.00 $ 216.00 $ 12.00 $ 216.00 $ 14.00 $ 252.00 1618 Type 2 Object Marker with Flexible Post (OM -2Z) (FLX) EA 8 $ 110.00 $ 880.00 $ 114.00 $ 912.00 $ 130.00 $ 1,040.00 1619 Combo Stop Sign (R1-1) (30"x30") / Street Name Sign (Incl. Metal Pole and Foundation) EA 3 $ 836.00 $ 2,508.00 $ 870.00 $ 2,610.00 $ 1,000.00 $ 3,000.00 1620 Stop Sign (R1-1) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 577.00 $ 577.00 $ 600.00 $ 600.00 $ 700.00 $ 700.00 1621 All Way (R1 -3P) (18"x6') (Incl. Metal Pole and Foundation) EA 3 $ 432.00 $ 1,296.00 $ 450.00 $ 1,350.00 $ 520.00 $ 1,560.00 1622 Stop Ahead (W3-1) (30"x30") (Incl. Metal Pole and Foundation) EA 4 $ 548.00 $ 2,192.00 $ 570.00 $ 2,280.00 $ 660.00 $ 2,640.00 Page 2 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 1 RFB #3128 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1623 Speed Limit Sign (R2-1) (24"x30") (Incl. Metal Pole and Foundation) EA 4 $ 548.00 $ 2,192.00 $ 570.00 $ 2,280.00 $ 660.00 $ 2,640.00 1624 Reverse Curve (W1 -4L) (30"x30") (Incl. Metal Pole and Foundation) EA 2 $ 588.00 $ 1,176.00 $ 612.00 $ 1,224.00 $ 710.00 $ 1,420.00 1625 Two Direction Large Arrow (W1 -7T) (96"x36") (Incl. Metal Pole and Foundation) EA 1 $ 1,100.00 $ 1,100.00 $ 1,140.00 $ 1,140.00 $ 1,300.00 $ 1,300.00 1626 Stop Ahead (W3-1) (30"x30") with Amber AI -500-070 School Beacon Timer Switch and Cellular Modem (Incl. Metal Pole and Foundation) EA 1 $ 10,100.00 $ 10,100.00 $ 10,500.00 $ 10,500.00 $ 12,200.00 $ 12,200.00 1627 Stop Sign (R1-1) (30"x30") with Red AI - 500 -070 School Beacon Timer Switch and Cellular Modem (Incl. Metal Pole and Foundation) EA 3 $ 10,100.00 $ 30,300.00 $ 10,500.00 $ 31,500.00 $ 12,200.00 $ 36,600.00 1628 Traffic Rail - Type 631LS LF 1,249 $ 61.00 $ 76,189.00 $ 76.80 $ 95,923.20 $ 71.00 $ 88,679.00 1629 Guardrail Terminal EA 8 $ 3,250.00 $ 26,000.00 $ 6,888.00 $ 55,104.00 $ 3,800.00 $ 30,400.00 1630 Erosion Control Matting (TRM) SY 12,276 $ 19.00 $ 233,244.00 $ 13.28 $ 163,025.28 $ 9.50 $ 116,622.00 1631 Select Fill Embankment CY 4,610 $ 27.00 $ 124,470.00 $ 31.20 $ 143,832.00 $ 35.00 $ 161,350.00 1632 Articulated Concrete Block Matting (Revetment) SY 2,457 $ 110.00 $ 270,270.00 $ 98.40 $ 241,768.80 $ 220.00 $ 540,540.00 1633 Allowance for Unanticipated Street Improvements AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 1B - STREET IMPROVEMENTS $ 2,054,131.95 $ 3,321,737.64 $ 2,744,366.15 NO BID PART 1C - DRAINAGE IMPROVEMENTS 1C1 Mobilization (Max. 5% of Part 1C) LS 1 68,000.00 $ 68,000.00 $ 75,600.00 $ 75,600.00 $ 6,000.00 $ 6,000.00 1C2 Remove 12" RCP LF 145 5.20 $ 754.00 $ 21.00 $ 3,045.00 $ 35.00 $ 5,075.00 1C3 Remove 15" RCP LF 584 7.35 $ 4,292.40 $ 21.00 $ 12,264.00 $ 32.00 $ 18,688.00 1C4 Remove 18" RCP LF 58 8.95 $ 519.10 $ 28.00 $ 1,624.00 $ 80.00 $ 4,640.00 105 Remove 24" RCP LF 74 15.00 $ 1,110.00 $ 42.00 $ 3,108.00 $ 63.00 $ 4,662.00 106 Remove 7.5'x3.5' Reinforced Concrete Box Culvert LF 114 191.00 $ 21,774.00 $ 84.00 $ 9,576.00 $ 220.00 $ 25,080.00 Page 3 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 1 RFB #3128 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1C7 Remove 8'x4' Reinforced Concrete Box Culvert LF 180 208.00 $ 37,440.00 $ 210.00 $ 37,800.00 $ 280.00 $ 50,400.00 1C8 Remove Existing Grate Inlet EA 1 476.00 $ 476.00 $ 1,200.00 $ 1,200.00 $ 4,300.00 $ 4,300.00 1C9 Remove Existing Headwall/Wingwall (Van Galen) EA 2 2,340.00 $ 4,680.00 $ 3,000.00 $ 6,000.00 $ 8,000.00 $ 16,000.00 1C10 Remove Existing Headwall/Wingwall (24" RCP) EA 1 476.00 $ 476.00 $ 3,600.00 $ 3,600.00 $ 11,500.00 $ 11,500.00 1C11 Remove Concrete Channel SY 336 33.00 $ 11,088.00 $ 80.00 $ 26,880.00 $ 68.00 $ 22,848.00 1C12 Remove Abandoned Line at Van Galen Channel LF 61 17.00 $ 1,037.00 $ 84.00 $ 5,124.00 $ 140.00 $ 8,540.00 1C13 Ditch Excavation and Regrading/Reshaping LF 7,096 7.35 $ 52,155.60 $ 16.80 $ 119,212.80 $ 12.50 $ 88,700.00 1C14 18" Class III RCP LF 419 84.00 $ 35,196.00 $ 151.74 $ 63,579.06 $ 110.00 $ 46,090.00 1C15 24" Class III RCP LF 40 101.00 $ 4,040.00 $ 180.26 $ 7,210.40 $ 180.00 $ 7,200.00 1C16 13.5"x22" Class III Reinforced Concrete Arch Pipe LF 312 154.00 $ 48,048.00 $ 217.12 $ 67,741.44 $ 160.00 $ 49,920.00 1C17 18"x28.5" Class III Reinforced Concrete Arch Pipe LF 119 182.00 $ 21,658.00 $ 249.66 $ 29,709.54 $ 250.00 $ 29,750.00 1C18 24" Class IV RCP LF 95 120.00 $ 11,400.00 $ 135.44 $ 12,866.80 $ 210.00 $ 19,950.00 1C19 18"x28.5" Class IV Reinforced Concrete Arch Pipe LF 112 204.00 $ 22,848.00 $ 249.46 $ 27,939.52 $ 240.00 $ 26,880.00 1C20 22.5"x36.25" Class IV Reinforced Concrete Arch Pipe LF 47 255.00 $ 11,985.00 $ 305.10 $ 14,339.70 $ 470.00 $ 22,090.00 1C21 9'x4' Reinforced Concrete Box Culvert LF 300 891.00 $ 267,300.00 $ 737.02 $ 221,106.00 $ 1,800.00 $ 540,000.00 1C22 10'x5' Reinforced Concrete Box Culvert LF 252 1,140.00 $ 287,280.00 $ 880.33 $ 221,843.16 $ 2,300.00 $ 579,600.00 1C23 Pipe Trench Safety LF 1,696 0.50 $ 848.00 $ 2.40 $ 4,070.40 $ 9.90 $ 16,790.40 1C24 Well Pointing LF 1,696 68.00 $ 115,328.00 $ 84.00 $ 142,464.00 $ 96.00 $ 162,816.00 1C25 4'x3'-6" Junction Box/Manhole EA 1 5,440.00 $ 5,440.00 $ 9,360.00 $ 9,360.00 $ 14,900.00 $ 14,900.00 1C26 Junction Box Trench Safety EA 1 0.50 $ 0.50 $ 780.00 $ 780.00 $ 3,400.00 $ 3,400.00 1C27 Headwall/Wingwalls for Van Galen Channel EA 2 37,000.00 $ 74,000.00 $ 30,480.00 $ 60,960.00 $ 46,200.00 $ 92,400.00 Page 4 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 1 RFB #3128 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1C28 Headwall/Wingwalls for Beasley Channel EA 2 44,900.00 $ 89,800.00 $ 15,480.00 $ 30,960.00 $ 37,800.00 $ 75,600.00 1C29 5" Concrete Rip Rap for Van Galen Channel SF 4,368 12.00 $ 52,416.00 $ 25.20 $ 110,073.60 $ 13.25 $ 57,876.00 1C30 Safety End Treatment (Type II) (3:1) (18") EA 1 1,300.00 $ 1,300.00 $ 1,198.00 $ 1,198.00 $ 1,900.00 $ 1,900.00 1C31 Safety End Treatment (Type II) (6:1) (18") EA 17 1,420.00 $ 24,140.00 $ 1,696.00 $ 28,832.00 $ 2,300.00 $ 39,100.00 1C32 Safety End Treatment (Type II) (3:1) (24") EA 6 1,410.00 $ 8,460.00 $ 1,391.20 $ 8,347.20 $ 2,600.00 $ 15,600.00 1C33 Safety End Treatment (Type II) (6:1) (13.5"x22") EA 14 1,700.00 $ 23,800.00 $ 3,246.40 $ 45,449.60 $ 2,600.00 $ 36,400.00 1C34 Safety End Treatment (Type II) (3:1) (18"x28.5") EA 2 2,000.00 $ 4,000.00 $ 2,149.60 $ 4,299.20 $ 3,700.00 $ 7,400.00 1C35 Safety End Treatment (Type II) (6:1) (18"x28.5") EA 8 2,410.00 $ 19,280.00 $ 3,599.20 $ 28,793.60 $ 3,100.00 $ 24,800.00 1C36 Safety End Treatment (Type II) (3:1) (22.5"x36.25") EA 2 2,700.00 $ 5,400.00 $ 5,332.00 $ 10,664.00 $ 4,700.00 $ 9,400.00 1C37 Channel Excavation at Beasley Channel CY 416 25.00 $ 10,400.00 $ 30.00 $ 12,480.00 $ 80.00 $ 33,280.00 1C38 Pipe Support EA 16 1,580.00 $ 25,280.00 $ 3,360.00 $ 53,760.00 $ 2,500.00 $ 40,000.00 1C39 Temporary Cofferdam EA 4 30,000.00 $ 120,000.00 $ 10,800.00 $ 43,200.00 $ 88,300.00 $ 353,200.00 1C40 Allowance for Unanticipated Drainage Improvements AL 1 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART 1C - DRAINAGE IMPROVEMENTS $ 1,503,449.60 $ 1,577,061.02 $ 2,582,775.40 NO BID PART 1D - WATER IMPROVEMENTS $ - 1D1 Mobilization (Max. 5% of Part 1D) LS 1 57,000.00 $ 57,000.00 $ 75,600.00 $ 75,600.00 $ 35,000.00 $ 35,000.00 1D2 Remove and Salvage Existing Fire Hydrant EA 3 1,560.00 $ 4,680.00 $ 848.00 $ 2,544.00 $ 1,900.00 $ 5,700.00 1D3 Remove Existing 2" PVC Waterline LF 9 27.00 $ 243.00 $ 26.40 $ 237.60 $ 32.00 $ 288.00 1D4 Remove Existing 6" ACP Waterline LF 30 36.00 $ 1,080.00 $ 69.60 $ 2,088.00 $ 43.00 $ 1,290.00 1D5 Grout Fill & Abandon Existing 12" ACP Waterline LF 5,023 22.00 $ 110,506.00 $ 19.80 $ 99,455.40 $ 27.00 $ 135,621.00 Page 5 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 1 RFB #3128 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1D6 Remove Water Service LF 860 23.00 $ 19,780.00 $ 33.60 $ 28,896.00 $ 28.00 $ 24,080.00 1D7 Remove Water Meter EA 21 519.00 $ 10,899.00 $ 1,482.00 $ 31,122.00 $ 630.00 $ 13,230.00 1D8 6" C900 PVC Waterline LF 42 57.00 $ 2,394.00 $ 119.47 $ 5,017.74 $ 69.00 $ 2,898.00 1D9 12" C900 PVC Waterline LF 4,868 77.00 $ 374,836.00 $ 123.17 $ 599,591.56 $ 94.00 $ 457,592.00 1D10 12" DIP Waterline (Class 350) LF 206 352.00 $ 72,512.00 $ 276.29 $ 56,915.74 $ 430.00 $ 88,580.00 1D11 Pipe Trench Safety LF 5,116 1.15 $ 5,883.40 $ 2.40 $ 12,278.40 $ 1.40 $ 7,162.40 1D12 Well Pointing LF 5,116 35.00 $ 179,060.00 $ 84.00 $ 429,744.00 $ 42.00 $ 214,872.00 1D13 12" DI 45° Bend EA 9 1,060.00 $ 9,540.00 $ 468.00 $ 4,212.00 $ 1,300.00 $ 11,700.00 1D14 12" DI 90° Bend EA 8 1,220.00 $ 9,760.00 $ 607.20 $ 4,857.60 $ 1,500.00 $ 12,000.00 1D15 2" Gate Valve & Box EA 1 778.00 $ 778.00 $ 636.00 $ 636.00 $ 940.00 $ 940.00 1D16 6" Gate Valve & Box EA 1 1,370.00 $ 1,370.00 $ 996.00 $ 996.00 $ 1,700.00 $ 1,700.00 1D17 12" Gate Valve & Box EA 9 3,170.00 $ 28,530.00 $ 3,043.20 $ 27,388.80 $ 3,800.00 $ 34,200.00 1D18 12"x6" Tee EA 1 1,150.00 $ 1,150.00 $ 540.00 $ 540.00 $ 1,400.00 $ 1,400.00 1D19 Adjust 12" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 6 15,500.00 $ 93,000.00 $ 14,248.80 $ 85,492.80 $ 18,800.00 $ 112,800.00 1D20 Connect to Existing 6" ACP WL (Incl. All Required Fittings) with Omni Coupling System EA 1 3,310.00 $ 3,310.00 $ 2,220.00 $ 2,220.00 $ 4,000.00 $ 4,000.00 1D21 Connect to Existing 12" ACP WL (Incl. All Required Fittings) with Omni Coupling System EA 2 5,160.00 $ 10,320.00 $ 5,520.00 $ 11,040.00 $ 6,300.00 $ 12,600.00 1D22 Fire Hydrant Assembly EA 17 7,260.00 $ 123,420.00 $ 4,321.20 $ 73,460.40 $ 8,800.00 $ 149,600.00 1D23 1" PE Water Service (Incl. Service Saddle, Corp Stop, PE, and Reconnection) LF 756 70.00 $ 52,920.00 $ 49.60 $ 37,497.60 $ 85.00 $ 64,260.00 1D24 2"PE Water Service (Incl. Service Saddle, Corp Stop, PE, and Reconnection) LF 65 95.00 $ 6,175.00 $ 82.18 $ 5,341.70 $ 110.00 $ 7,150.00 1D25 Allowance for Unanticipated Water Improvements AL 1 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART 1D - WATER IMPROVEMENTS $ 1,189,146.40 $ 1,607,173.34 $ 1,408,663.40 NO BID PART 1E - WASTEWATER IMPROVEMENTS Page 6 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 1 RFB #3128 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1E1 Mobilization (Max. 5% of Part 1E) LS 1 57,000.00 $ 57,000.00 $ 60,000.00 $ 60,000.00 $ 17,000.00 $ 17,000.00 1E2 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 57 208.00 $ 11,856.00 $ 650.27 $ 37,065.39 $ 260.00 $ 14,820.00 1E3 Rehab 15" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 33 263.00 $ 8,679.00 $ 1,112.27 $ 36,704.91 $ 320.00 $ 10,560.00 1E4 Rehab 18" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 798 255.00 $ 203,490.00 $ 374.27 $ 298,667.46 $ 310.00 $ 247,380.00 1E5 Remove Existing 18" VCP Wastewater LF 645 86.00 $ 55,470.00 $ 102.00 $ 65,790.00 $ 100.00 $ 64,500.00 1E6 Remove Existing 10" CIP Force Main LF 108 71.00 $ 7,668.00 $ 80.80 $ 8,726.40 $ 87.00 $ 9,396.00 1E7 Remove Existing 12" PVC Force Main LF 40 83.00 $ 3,320.00 $ 74.40 $ 2,976.00 $ 100.00 $ 4,000.00 1E8 Remove Existing 12" DI Force Main LF 130 70.00 $ 9,100.00 $ 86.80 $ 11,284.00 $ 85.00 $ 11,050.00 1E9 Remove Existing 16" PVC Force Main LF 108 83.00 $ 8,964.00 $ 93.16 $ 10,061.28 $ 100.00 $ 10,800.00 1E10 Remove Wastewater Service LF 127 40.00 $ 5,080.00 $ 120.00 $ 15,240.00 $ 49.00 $ 6,223.00 1E11 Remove Existing 4' Manhole EA 1 4,520.00 $ 4,520.00 $ 3,600.00 $ 3,600.00 $ 5,500.00 $ 5,500.00 1E12 18" SDR 26 PVC (8'-10') LF 518 254.00 $ 131,572.00 $ 229.51 $ 118,886.18 $ 310.00 $ 160,580.00 1E13 18" SDR 26 PVC (10'-12') LF 135 255.00 $ 34,425.00 $ 271.51 $ 36,653.85 $ 310.00 $ 41,850.00 1E14 10" DI Force Main LF 115 340.00 $ 39,100.00 $ 250.16 $ 28,768.40 $ 410.00 $ 47,150.00 1E15 12" DI Force Main LF 155 282.00 $ 43,710.00 $ 285.18 $ 44,202.90 $ 340.00 $ 52,700.00 1E16 16" DI Force Main LF 98 444.00 $ 43,512.00 $ 439.88 $ 43,108.24 $ 540.00 $ 52,920.00 1E17 Pipe Trench Safety LF 1,021 3.45 $ 3,522.45 $ 7.20 $ 7,351.20 $ 4.20 $ 4,288.20 1E18 Well Pointing LF 1,021 44.00 $ 44,924.00 $ 84.00 $ 85,764.00 $ 53.00 $ 54,113.00 1E19 16" Dia. 3/8" Steel Casing (Welded) LF 85 208.00 $ 17,680.00 $ 161.87 $ 13,758.95 $ 250.00 $ 21,250.00 1E20 18" Dia. 3/8" Steel Casing (Welded) LF 55 284.00 $ 15,620.00 $ 192.45 $ 10,584.75 $ 340.00 $ 18,700.00 1E21 24" Dia. 3/8" Steel Casing (Welded) LF 85 254.00 $ 21,590.00 $ 232.07 $ 19,725.95 $ 310.00 $ 26,350.00 1E22 10" 45° Bend EA 2 1,260.00 $ 2,520.00 $ 694.80 $ 1,389.60 $ 1,500.00 $ 3,000.00 1E23 10" 90° Bend EA 4 1,560.00 $ 6,240.00 $ 940.80 $ 3,763.20 $ 1,900.00 $ 7,600.00 1E24 12" 45° Bend EA 1 1,510.00 $ 1,510.00 $ 901.20 $ 901.20 $ 1,800.00 $ 1,800.00 1E25 12" 90° Bend EA 4 1,820.00 $ 7,280.00 $ 1,152.00 $ 4,608.00 $ 2,200.00 $ 8,800.00 1E26 16" 45° Bend EA 2 2,330.00 $ 4,660.00 $ 1,482.00 $ 2,964.00 $ 2,800.00 $ 5,600.00 1E27 16" 90° Bend EA 4 3,000.00 $ 12,000.00 $ 2,034.00 $ 8,136.00 $ 3,600.00 $ 14,400.00 1E28 Air Release Valve EA 3 7,320.00 $ 21,960.00 $ 10,744.80 $ 32,234.40 $ 8,900.00 $ 26,700.00 1E29 4' Diameter Manhole EA 2 17,500.00 $ 35,000.00 $ 13,228.80 $ 26,457.60 $ 21,200.00 $ 42,400.00 Page 7 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 1 RFB #3128 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard St CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1E30 Manhole Extra Depth (> 6') VF 9 1,470.00 $ 13,230.00 $ 588.00 $ 5,292.00 $ 1,800.00 $ 16,200.00 1E31 Manhole Trench Safety EA 2 577.00 $ 1,154.00 $ 1,200.00 $ 2,400.00 $ 700.00 $ 1,400.00 1E32 New Wastewater Service Lateral (with C/O) (Incl. Well Pointing and Trench Safety, as Needed) EA 3 8,650.00 $ 25,950.00 $ 6,850.80 $ 20,552.40 $ 7,000.00 $ 21,000.00 1E33 Rehabilitate Existing Manhole with F/G Line and New 24" Ring and Cover EA 2 15,900.00 $ 31,800.00 $ 11,202.60 $ 22,405.20 $ 19,300.00 $ 38,600.00 1E34 Rework of Manhole Bench and Invert EA 1 1,860.00 $ 1,860.00 $ 3,600.00 $ 3,600.00 $ 2,300.00 $ 2,300.00 1E35 Adjust 10" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 3 19,400.00 $ 58,200.00 $ 19,668.00 $ 59,004.00 $ 23,500.00 $ 70,500.00 1E36 Adjust 12" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 1 21,100.00 $ 21,100.00 $ 21,042.06 $ 21,042.06 $ 25,600.00 $ 25,600.00 1E37 Adjust 16" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 2 26,500.00 $ 53,000.00 $ 25,528.80 $ 51,057.60 $ 32,100.00 $ 64,200.00 1E38 Adjust Existing Wastewater Manhole EA 5 4,540.00 $ 22,700.00 $ 2,070.00 $ 10,350.00 $ 5,500.00 $ 27,500.00 1E39 Connect to Existing 10" CIP Force Main EA 2 8,650.00 $ 17,300.00 $ 3,390.00 $ 6,780.00 $ 10,500.00 $ 21,000.00 1E40 Connect to Existing 12" PVC Force Main EA 2 9,620.00 $ 19,240.00 $ 3,468.00 $ 6,936.00 $ 11,700.00 $ 23,400.00 1E41 Connect to Existing 16" PVC Force Main EA 2 9,960.00 $ 19,920.00 $ 3,750.00 $ 7,500.00 $ 12,100.00 $ 24,200.00 1E42 Connect to Existing Wastewater Manhole EA 2 5,250.00 $ 10,500.00 $ 3,720.00 $ 7,440.00 $ 6,400.00 $ 12,800.00 1E43 Connect Existing Wastewater Line to Proposed Manhole EA 2 4,440.00 $ 8,880.00 $ 4,200.00 $ 8,400.00 $ 5,400.00 $ 10,800.00 1E44 Allowance for Unanticipated Wastewater Improvements AL 1 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 1E - WASTEWATER IMPROVEMENTS $ 1,191,806.45 $ 1,297,133.12 $ 1,375,930.20 NO BID TOTAL BASE BID 1 - (PARTS 1A THRU 1E) $ 6,263,934.90 $ 8,140,690.14 $ 8,419,839.80 NO BID Page 8 of 8 TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BID DATE: Wed., August 5, 2020 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 2 RFB #3128 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PART 2A - GENERAL 2A1 Mobilization (Max. 5% of Part 2A) LS 1 $ 20,000.00 $ 20,000.00 2A2 Bonds & Insurance (Base Bid 2) AL 1 $ 120,000.00 $ 120,000.00 2A3 Traffic Control Mobilization/Adjustments LS 1 $ 13,000.00 $ 13,000.00 2A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, LPCB, etc.) MO 16 $ 12,000.00 $ 192,000.00 2A5 Message Boards for Traffic Control EA 2 $ 18,000.00 $ 36,000.00 2A6 Ozone Advisory Day DAYS 3 $ 500.00 $ 1,500.00 2A7 Storm Water Pollution Prevention Plan LS 1 $ 17,000.00 $ 17,000.00 2A8 Inlet Protection EA 1 $ 300.00 $ 300.00 2A9 Rock Filter Dam EA 17 $ 675.00 $ 11,475.00 2A10 Silt Fence LF 3,777 $ 5.00 $ 18,885.00 2A11 Revegetation (Hydromulch) SY 7,937 $ 2.00 $ 15,874.00 2Al2 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater AL 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART 2A - GENERAL $ 451,034.00 NO BID NO BID NO BID PART 2B - STREET IMPROVEMENTS 2B1 Mobilization (Max. 5% of Part 2B) LS 1 $ 140,000.00 $ 140,000.00 2B2 Removal of Sign and Sign Support Assembly EA 6 $ 46.00 $ 276.00 2B3 Remove Existing Metal Beam Guard Rail LF 101 $ 5.00 $ 505.00 2B4 Pulverize & Recompact Existing Roadway Pavement SY 8,143 $ 12.00 $ 97,716.00 2B5 Street Excavation (1' Beyond E.O.P.) SY 11,276 $ 12.00 $ 135,312.00 2B6 10"Cement Stabilized Subgrade Preparation (1' Beyond E.O.P.) SY 19'419 $ 28.00 $ 543,732.00 2B7 6.5" Reinforced Concrete Pavement (4,000 psi) SY 18,295 $ 75.00 $ 1,372,125.00 Page 1 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 2 RFB #3128 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 268 Concrete Driveway (Incl. Existing Driveway Removal) SF 9,753 $ 10.00 $ 97,530.00 269 ravertierii IVIdFKlrlgS kc4 vviue, vvrliie, T,—.- r u.-. nom- i;,,.r 1 nc ...,;i n. -„t,..-....,, r LF 84 $ 18.00 $ 1,512.00 2610 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness — Yellow 4" Solid LF 6,968 $ 0.80 $ 5,574.40 2611 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness — Yellow 4" Broken LF 340 $ 0.80 $ 272.00 2612 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness — White 4" Solid LF 9,849 $ 0.80 $ 7,879.20 2613 TYII-A-A Raised Pavement Marker (Reflectorized) EA 107 $ 6.00 $ 642.00 2614 TYII-B-B Raised Pavement Market (Reflectorized) EA 18 $ 15.00 $ 270.00 2615 Type 2 Object Marker with Flexible Post (OM -2Z) (FLX) EA 8 $ 105.00 $ 840.00 2616 Combo Stop Sign (R1-1) (30"x30") / Street Name Sign (Incl. Metal Pole and Foundation) EA 3 $ 800.00 $ 2,400.00 2617 Stop Sign (R1-1) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 550.00 $ 550.00 2618 All Way (R1 -3P) (18"x6') (Incl. Metal Pole and Foundation) EA 3 $ 410.00 $ 1,230.00 2619 Stop Ahead (W3-1) (30"x30") (Incl. Metal Pole and Foundation) EA 4 $ 520.00 $ 2,080.00 2620 Speed Limit Sign (R2-1) (24"x30") (Incl. Metal Pole and Foundation) EA 4 $ 520.00 $ 2,080.00 2621 Reverse Curve (W1 -4L) (30"x30") (Incl. Metal Pole and Foundation) EA 2 $ 560.00 $ 1,120.00 Page 2 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 2 RFB #3128 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas-Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2622 Two Direction Large Arrow (W1-7T) (96"x36") (Incl. Metal Pole and Foundation) EA 1 $ 1,050.00 $ 1,050.00 2623 Stop Ahead (W3-1) (30"x30") with Amber AI-500-070 School Beacon Timer Switch and Cellular Modem (Incl. Metal Pole and Foundation) EA 1 $ 10,000.00 $ 10,000.00 2624 Stop Sign (R1-1) (30"x30") with Red Al- 500-070 School Beacon Timer Switch and Cellular Modem (Incl. Metal Pole and Foundation) EA 3 $ 10,000.00 $ 30,000.00 2625 Traffic Rail - Type 631LS LF 1,249 $ 70.00 $ 87,430.00 2626 Guardrail Terminal EA 8 $ 6,000.00 $ 48,000.00 2B27 Erosion Control Matting (TRM) SY 12,276 $ 22.00 $ 270,072.00 2628 Select Fill Embankment CY 7,150 $ 30.00 $ 214,500.00 2629 Articulated Concrete Block Matting (Revetment) SY 2,457 $ 130.00 $ 319,410.00 2630 Allowance for Unanticipated Street Improvements AL 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 2B - STREET IMPROVEMENTS $ 3,419,107.60 NO BID NO BID NO BID PART 2C - DRAINAGE IMPROVEMENTS 2C1 Mobilization (Max. 5% of Part 2C) LS 1 100,000.00 $ 100,000.00 2C2 Remove 12" RCP LF 145 5.00 $ 725.00 2C3 Remove 15" RCP LF 584 6.00 $ 3,504.00 2C4 Remove 18" RCP LF 58 7.00 $ 406.00 2C5 Remove 24" RCP LF 74 7.00 $ 518.00 2C6 Remove 7.5'x3.5' Reinforced Concrete Box Culvert LF 114 72.00 $ 8,208.00 2C7 Remove 8'x4' Reinforced Concrete Box Culvert LF 180 87.00 $ 15,660.00 2C8 Remove Existing Grate Inlet EA 1 250.00 $ 250.00 Page 3 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 2 RFB #3128 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2C9 Remove Existing Headwall/Wingwall (Van Galen) EA 2 9,700.00 $ 19,400.00 2C10 Remove Existing Headwall/Wingwall (24" RCP) EA 1 960.00 $ 960.00 2C11 Remove Concrete Channel SY 336 27.00 $ 9,072.00 2C12 Remove Abandoned Line at Van Galen Channel LF 61 8.00 $ 488.00 2C13 Ditch Excavation and Regrading/Reshaping LF 7,096 12.00 $ 85,152.00 2C14 18" Class III RCP LF 419 170.00 $ 71,230.00 2C15 24" Class III RCP LF 40 190.00 $ 7,600.00 2C16 13.5"x22" Class III Reinforced Concrete Arch Pipe LF 312 260.00 $ 81,120.00 2C17 18"x28.5" Class III Reinforced Concrete Arch Pipe LF 119 290.00 $ 34,510.00 2C18 24" Class IV RCP LF 95 215.00 $ 20,425.00 2C19 18"x28.5" Class IV Reinforced Concrete Arch Pipe LF 112 330.00 $ 36,960.00 2C20 22.5"x36.25" Class IV Reinforced Concrete Arch Pipe LF 47 400.00 $ 18,800.00 2C21 9'x4' Reinforced Concrete Box Culvert LF 300 1,800.00 $ 540,000.00 2C22 10'x5' Reinforced Concrete Box Culvert LF 252 2,200.00 $ 554,400.00 2C23 Pipe Trench Safety LF 1,696 5.00 $ 8,480.00 2C24 Well Pointing LF 1,696 25.00 $ 42,400.00 2C25 4'x3'-6" Junction Box/Manhole EA 1 3,600.00 $ 3,600.00 2C26 Junction Box Trench Safety EA 1 100.00 $ 100.00 2C27 Headwall/Wingwalls for Van Galen Channel EA 2 100,000.00 $ 200,000.00 2C28 Headwall/Wingwalls for Beasley Channel EA 2 110,000.00 $ 220,000.00 2C29 5" Concrete Rip Rap for Van Galen Channel SF 4,368 20.00 $ 87,360.00 Page 4 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 2 RFB #3128 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2C30 Safety End Treatment (Type II) (3:1) (18") EA 1 2,100.00 $ 2,100.00 2C31 Safety End Treatment (Type II) (6:1) (18") EA 17 2,900.00 $ 49,300.00 2C32 Safety End Treatment (Type II) (3:1) (24") EA 6 2,700.00 $ 16,200.00 2C33 Safety End Treatment (Type II) (6:1) (13.5"x22") EA 14 4,700.00 $ 65,800.00 2C34 Safety End Treatment (Type II) (3:1) (18"x28.5") EA 2 3,700.00 $ 7,400.00 2C35 Safety End Treatment (Type II) (6:1) (18"x28.5") EA 8 5,600.00 $ 44,800.00 2C36 Safety End Treatment (Type II) (3:1) (22.5"x36.25") EA 2 7,300.00 $ 14,600.00 2C37 Channel Excavation at Beasley Channel CY 416 50.00 $ 20,800.00 2C38 Pipe Support EA 16 1,900.00 $ 30,400.00 2C39 Temporary Cofferdam EA 4 68,000.00 $ 272,000.00 2C40 Allowance for Unanticipated Drainage Improvements AL 1 10,000.00 $ 10,000.00 SUBTOTAL PART 2C - DRAINAGE IMPROVEMENTS $ 2,704,728.00 NO BID NO BID NO BID PART 2D - WATER IMPROVEMENTS $ - 2D1 Mobilization (Max. 5% of Part 2D) LS 1 60,000.00 $ 60,000.00 2D2 Remove and Salvage Existing Fire Hydrant EA 3 640.00 $ 1,920.00 2D3 Remove Existing 2" PVC Waterline LF 9 10.00 $ 90.00 2D4 Remove Existing 6" ACP Waterline LF 30 18.00 $ 540.00 2D5 Grout Fill & Abandon Existing 12" ACP Waterline LF 5,023 9.00 $ 45,207.00 2D6 Remove Water Service LF 860 4.00 $ 3,440.00 2D7 Remove Water Meter EA 21 88.00 $ 1,848.00 2D8 6" C900 PVC Waterline LF 42 89.00 $ 3,738.00 2D9 12" C900 PVC Waterline LF 4,868 185.00 $ 900,580.00 Page 5 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 2 RFB #3128 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2D10 12" DIP Waterline (Class 350) LF 206 455.00 $ 93,730.00 2D11 Pipe Trench Safety LF 5,116 1.00 $ 5,116.00 2D12 Well Pointing LF 5,116 25.00 $ 127,900.00 2D13 12" DI 45° Bend EA 9 820.00 $ 7,380.00 2D14 12" DI 90° Bend EA 8 800.00 $ 6,400.00 2D15 2" Gate Valve & Box EA 1 815.00 $ 815.00 2D16 6" Gate Valve & Box EA 1 1,280.00 $ 1,280.00 2D17 12" Gate Valve & Box EA 9 2,750.00 $ 24,750.00 2D18 12"x6" Tee EA 1 780.00 $ 780.00 2D19 Adjust 12" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 6 16,600.00 $ 99,600.00 2D20 Connect to Existing 6" ACP WL (Incl. All Required Fittings) with Omni Coupling System EA 1 3,650.00 $ 3,650.00 2D21 Connect to Existing 12" ACP WL (Incl. All Required Fittings) with Omni Coupling System EA 2 4,000.00 $ 8,000.00 2D22 Fire Hydrant Assembly EA 17 7,700.00 $ 130,900.00 2D23 1" PE Water Service (Incl. Service Saddle, Corp Stop, PE, and Reconnection) LF 756 53.00 $ 40,068.00 2D24 2"PE Water Service (Incl. Service Saddle, Corp Stop, PE, and Reconnection) LF 65 73.00 $ 4,745.00 2D25 Allowance for Unanticipated Water Improvements AL 1 10,000.00 $ 10,000.00 SUBTOTAL PART 2D - WATER IMPROVEMENTS $ 1,582,477.00 NO BID NO BID NO BID PART 2E - WASTEWATER IMPROVEMENTS 2E1 Mobilization (Max. 5% of Part 2E) LS 1 40,000.00 $ 40,000.00 2E2 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 57 242.00 $ 13,794.00 Page 6 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 2 RFB #3128 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2E3 Rehab 15" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 33 340.00 $ 11,220.00 2E4 Rehab 18" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 798 210.00 $ 167,580.00 2E5 Remove Existing 18" VCP Wastewater LF 645 16.00 $ 10,320.00 2E6 Remove Existing 10" CIP Force Main LF 108 13.00 $ 1,404.00 2E7 Remove Existing 12" PVC Force Main LF 40 18.00 $ 720.00 2E8 Remove Existing 12" DI Force Main LF 130 20.00 $ 2,600.00 2E9 Remove Existing 16" PVC Force Main LF 108 25.00 $ 2,700.00 2E10 Remove Wastewater Service LF 127 15.00 $ 1,905.00 2E11 Remove Existing 4' Manhole EA 1 1,170.00 $ 1,170.00 2E12 18" SDR 26 PVC (8'-10') LF 518 350.00 $ 181,300.00 2E13 18" SDR 26 PVC (10'-12') LF 135 380.00 $ 51,300.00 2E14 10" DI Force Main LF 115 320.00 $ 36,800.00 2E15 12" DI Force Main LF 155 350.00 $ 54,250.00 2E16 16" DI Force Main LF 98 440.00 $ 43,120.00 2E17 Pipe Trench Safety LF 1,021 10.00 $ 10,210.00 2E18 Well Pointing LF 1,021 40.00 $ 40,840.00 2E19 16" Dia. 3/8" Steel Casing (Welded) LF 85 191.00 $ 16,235.00 2E20 18" Dia. 3/8" Steel Casing (Welded) LF 55 200.00 $ 11,000.00 2E21 24" Dia. 3/8" Steel Casing (Welded) LF 85 250.00 $ 21,250.00 2E22 10" 45° Bend EA 2 900.00 $ 1,800.00 2E23 10" 90° Bend EA 4 1,070.00 $ 4,280.00 2E24 12" 45° Bend EA 1 1,100.00 $ 1,100.00 2E25 12" 90° Bend EA 4 1,400.00 $ 5,600.00 2E26 16" 45° Bend EA 2 1,900.00 $ 3,800.00 2E27 16" 90° Bend EA 4 2,300.00 $ 9,200.00 2E28 Air Release Valve EA 3 5,000.00 $ 15,000.00 2E29 4' Diameter Manhole EA 2 20,000.00 $ 40,000.00 2E30 Manhole Extra Depth (> 6') VF 9 150.00 $ 1,350.00 2E31 Manhole Trench Safety EA 2 1,300.00 $ 2,600.00 Page 7 of 8 LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN HORNET PROJ NO 18024A (SEGMENT 2) - BASE BID 2 RFB #3128 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Clark Pipeline Services 6229 Leopard CC, TX 78409 Bay Ltd 401 Corn Products Rd CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2E32 New Wastewater Service Lateral (with C/O) (Incl. Well Pointing and Trench Safety, as Needed) EA 3 4,500.00 $ 13,500.00 2E33 Rehabilitate Existing Manhole with F/G Line and New 24" Ring and Cover EA 2 16,000.00 $ 32,000.00 2E34 Rework of Manhole Bench and Invert EA 1 2,400.00 $ 2,400.00 2E35 Adjust 10" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 3 15,300.00 $ 45,900.00 2E36 Adjust 12" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 1 16,500.00 $ 16,500.00 2E37 Adjust 16" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 2 27,000.00 $ 54,000.00 2E38 Adjust Existing Wastewater Manhole EA 5 2,800.00 $ 14,000.00 2E39 Connect to Existing 10" CIP Force Main EA 2 1,450.00 $ 2,900.00 2E40 Connect to Existing 12" PVC Force Main EA 2 1,500.00 $ 3,000.00 2E41 Connect to Existing 16" PVC Force Main EA 2 2,900.00 $ 5,800.00 2E42 Connect to Existing Wastewater Manhole EA 2 1,500.00 $ 3,000.00 2E43 Connect Existing Wastewater Line to Proposed Manhole EA 2 1,220.00 $ 2,440.00 2E44 Allowance for Unanticipated Wastewater Improvements AL 1 25,006.00 $ 25,006.00 SUBTOTAL PART 2E - WASTEWATER IMPROVEMENTS $ 1,024,894.00 NO BID NO BID NO BID TOTAL BASE BID 2 - (PARTS 2A THRU 2E) $ 9,182,240.60 NO BID NO BID NO BID Page 8 of 8 TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BID DATE: Wed., August 5, 2020 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 1 RFB #3129 Haas -Anderson Constr 1405 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PART 1A - GENERAL 1A1 Mobilization (Max. 5% of Part 1A) LS 1 $ 8,000.00 $ 8,000.00 $ 5,600.00 $ 5,600.00 $ 13,200.00 $ 13,200.00 1A2 Bonds & Insurance (Base Bid 1) AL 1 $ 42,000.00 $ 42,000.00 $ 46,000.00 $ 46,000.00 $ 162,000.00 $ 162,000.00 1A3 Traffic Control Mobilization/Adjustments LS 1 $ 150,000.00 $ 150,000.00 $ 17,200.00 $ 17,200.00 $ 11,700.00 $ 11,700.00 1A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, LPCB, etc.) MO 13 $ 5,000.00 $ 65,000.00 $ 12,300.00 $ 159,900.00 $ 3,409.20 $ 44,319.60 1A5 Ozone Advisory Day DAYS 3 $ 1.00 $ 3.00 $ 120.00 $ 360.00 $ 180.00 $ 540.00 1A6 Storm Water Pollution Prevention Plan LS 1 $ 50,000.00 $ 50,000.00 $ 2,100.00 $ 2,100.00 $ 12,000.00 $ 12,000.00 1A7 Rock Filter Dam EA 3 $ 2,250.00 $ 6,750.00 $ 950.00 $ 2,850.00 $ 1,920.00 $ 5,760.00 1A8 Silt Fence LF 1,158 $ 5.05 $ 5,847.90 $ 6.30 $ 7,295.40 $ 6.00 $ 6,948.00 1A9 Revegetation (Hydromulch) SY 14,652 $ 1.55 $ 22,710.60 $ 2.80 $ 41,025.60 $ 1.50 $ 21,978.00 1A10 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 SUBTOTAL PART 1A - GENERAL $ 355,311.50 $ 287,331.00 $ 283,445.60 NO BID PART 1B - STREET IMPROVEMENTS 161 Mobilization (Max. 5% of Part 1B) LS 1 $ 102,000.00 $ 102,000.00 $ 46,000.00 $ 46,000.00 $ 204,000.00 $ 204,000.00 162 Removal of Sign and Sign Support Assembly EA 18 $ 55.00 $ 990.00 $ 98.00 $ 1,764.00 $ 84.00 $ 1,512.00 1B3 Remove Existing Metal Beam Guard Rail LF 38 $ 2.50 $ 95.00 $ 14.00 $ 532.00 $ 190.00 $ 7,220.00 164 Pulverize & Recompact Existing Roadway Pavement SY 1,208 $ 1.00 $ 1,208.00 $ 15.25 $ 18,422.00 $ 18.00 $ 21,744.00 165 Street Excavation (1' Beyond E.O.P.) SY 21,234 $ 7.00 $ 148,638.00 $ 8.50 $ 180,489.00 $ 30.00 $ 637,020.00 1B6 Subgrade Preparation (1' Beyond E.O.P.) SY 22,442 $ 2.40 $ 53,860.80 $ 3.10 $ 69,570.20 $ 14.40 $ 323,164.80 167 TX -5 Geogrid (1' Beyond E.O.P.) SY 22,442 $ 3.55 $ 79,669.10 $ 5.20 $ 116,698.40 $ 8.40 $ 188,512.80 1B8 8" Type A, Grade 1-2 Crushed, Limestone Base per TxDOT Std. Spec. Item No. 247 (1' Beyond E.O.P.) SY 22,442 $ 18.00 $ 403,956.00 $ 27.00 $ 605,934.00 $ 40.80 $ 915,633.60 169 One Course Surface Treatment Underseal SY 22,442 $ 2.05 $ 46,006.10 $ 3.30 $ 74,058.60 $ 8.40 $ 188,512.80 1610 3" Type 'D' HMAC SY 21,195 $ 19.00 $ 402,705.00 $ 28.00 $ 593,460.00 $ 32.40 $ 686,718.00 Page 1 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 1 RFB #3129 Haas -Anderson Constr 1405 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1611 Level Up Mill (0"-1") & 1 1/2" HMAC Type D Overlay SY 11,350 $ 16.00 $ 181,600.00 $ 25.00 $ 283,750.00 $ 28.80 $ 326,880.00 1612 Full Depth Pavement Repair SY 1,035 $ 94.00 $ 97,290.00 $ 200.00 $ 207,000.00 $ 102.00 $ 105,570.00 1613 Concrete Driveway (Incl. Existing Driveway Removal) SF 12,821 $ 11.00 $ 141,031.00 $ 13.50 $ 173,083.50 $ 11.40 $ 146,159.40 1614 Pavement Markings (24" Wide, White, Type C Hear Applied, 125 mil, Preformed Thermoplastic "Stop Bar" Marking Lines) LF 321 $ 14.00 $ 4,494.00 $ 17.00 $ 5,457.00 $ 14.40 $ 4,622.40 1615 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - Yellow 4" Solid LF 2,459 $ 0.55 $ 1,352.45 $ 0.65 $ 1,598.35 $ 0.60 $ 1,475.40 1616 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - Yellow 4" Broken LF 940 $ 1.45 $ 1,363.00 $ 1.75 $ 1,645.00 $ 1.50 $ 1,410.00 1617 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness - White 4" Solid LF 9,479 $ 0.50 $ 4,739.50 $ 0.60 $ 5,687.40 $ 0.60 $ 5,687.40 1618 TYII-A-A Raised Pavement Marker (Reflectorized) EA 80 $ 5.75 $ 460.00 $ 7.00 $ 560.00 $ 6.00 $ 480.00 1619 TYII-B-B Raised Pavement Market (Reflectorized) EA 15 $ 14.00 $ 210.00 $ 17.00 $ 255.00 $ 14.40 $ 216.00 1620 Type 2 Object Marker with Flexible Post (OM -2Z) (FLX) EA 6 $ 98.00 $ 588.00 $ 120.00 $ 720.00 $ 5,102.00 $ 30,612.00 1621 Combo Stop Sign (R1-1) (30"x30") / Street Name Sign (Incl. Metal Pole and Foundation) EA 25 $ 721.00 $ 18,025.00 $ 880.00 $ 22,000.00 $ 750.00 $ 18,750.00 1622 Stop Sign (R1-1) (30"x30") (Incl. Metal Pole and Foundation) EA 4 $ 588.00 $ 2,352.00 $ 720.00 $ 2,880.00 $ 612.00 $ 2,448.00 1623 All Way (R1 -3P) (18"x6') (Incl. Metal Pole and Foundation) EA 3 $ 375.00 $ 1,125.00 $ 460.00 $ 1,380.00 $ 390.00 $ 1,170.00 1624 Dead End (W14-1aR(L)) (36"x8') (Incl. Metal Pole and Foundation) EA 5 $ 404.00 $ 2,020.00 $ 490.00 $ 2,450.00 $ 420.00 $ 2,100.00 Page 2 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 1 RFB #3129 Haas -Anderson Constr 1405 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1625 Stop Ahead (W3-1) (30"x30") (Incl. Metal Pole and Foundation) EA 4 $ 490.00 $ 1,960.00 $ 600.00 $ 2,400.00 $ 510.00 $ 2,040.00 1626 Speed Limit Sign (R2-1) (24"x30") (Incl. Metal Pole and Foundation) EA 4 $ 461.00 $ 1,844.00 $ 560.00 $ 2,240.00 $ 480.00 $ 1,920.00 1627 Curve (W1 -2R) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 490.00 $ 490.00 $ 600.00 $ 600.00 $ 510.00 $ 510.00 1628 Curve (W1 -2L) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 490.00 $ 490.00 $ 600.00 $ 600.00 $ 510.00 $ 510.00 1629 Two Direction Large Arrow (W1 -7T) (96"x36") (Incl. Metal Pole and Foundation) EA 3 $ 1,100.00 $ 3,300.00 $ 1,300.00 $ 3,900.00 $ 1,140.00 $ 3,420.00 1630 Road Ends (W14 -1T) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 490.00 $ 490.00 $ 600.00 $ 600.00 $ 510.00 $ 510.00 1631 Dead End Barricade (Type 3) LF 20 $ 55.00 $ 1,100.00 $ 68.00 $ 1,360.00 $ 57.60 $ 1,152.00 1632 Traffic Rail - Type 631LS LF 261 $ 64.00 $ 16,704.00 $ 80.00 $ 20,880.00 $ 94.80 $ 24,742.80 1633 Guardrail Terminal EA 3 $ 3,410.00 $ 10,230.00 $ 3,800.00 $ 11,400.00 $ 6,888.00 $ 20,664.00 1634 Erosion Control Matting (TRM) SY 15,214 $ 19.00 $ 289,066.00 $ 24.00 $ 365,136.00 $ 16.48 $ 250,726.72 1635 Select Fill Embankment CY 1,594 $ 30.00 $ 47,820.00 $ 41.00 $ 65,354.00 $ 49.20 $ 78,424.80 1636 Articulated Concrete Block Matting (Revetment) SY 386 $ 138.00 $ 53,268.00 $ 230.00 $ 88,780.00 $ 98.40 $ 37,982.40 1637 Allowance for Unanticipated Street Improvements AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 1B - STREET IMPROVEMENTS $ 2,147,539.95 $ 3,003,644.45 $ 4,269,221.32 NO BID PART 1C - RTA IMPROVEMENTS 1C1 Mobilization (Max. 5% of Part 1C) LS 1 $ 3,000.00 $ 3,000.00 $ 4,000.00 $ 4,000.00 $ 2,700.00 $ 2,700.00 1C2 Remove & Salvage Existing RTA Bench EA 1 $ 165.00 $ 165.00 $ 2,000.00 $ 2,000.00 $ 6,000.00 $ 6,000.00 1C3 Concrete Bus Pad SY 320 $ 212.00 $ 67,840.00 $ 110.00 $ 35,200.00 $ 138.00 $ 44,160.00 1C4 Concrete Landing Pad SF 240 $ 20.00 $ 4,800.00 $ 43.00 $ 10,320.00 $ 33.60 $ 8,064.00 SUBTOTAL PART 1C - RTA IMPROVEMENTS $ 75,805.00 $ 51,520.00 $ 60,924.00 NO BID PART 1D - DRAINAGE IMPROVEMENTS 1D1 Mobilization (Max. 5% of Part 1D) LS 1 92,000.00 $ 92,000.00 $ 10,000.00 $ 10,000.00 $ 126,000.00 $ 126,000.00 1D2 Remove 12" RCP LF 865 5.15 $ 4,454.75 $ 37.00 $ 32,005.00 $ 21.00 $ 18,165.00 Page 3 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 1 RFB #3129 Haas -Anderson Constr 1405 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1D3 Remove 15" RCP LF 1,089 7.30 $ 7,949.70 $ 37.00 $ 40,293.00 $ 24.00 $ 26,136.00 1D4 Remove 18" RCP LF 492 8.85 $ 4,354.20 $ 49.00 $ 24,108.00 $ 28.00 $ 13,776.00 1D5 Remove 24" RCP LF 259 15.00 $ 3,885.00 $ 47.00 $ 12,173.00 $ 42.00 $ 10,878.00 1D6 Remove Existing Concrete Junction Box EA 3 474.00 $ 1,422.00 $ 4,400.00 $ 13,200.00 $ 1,800.00 $ 5,400.00 1D7 Ditch Excavation and Regrading/Reshaping LF 8,334 6.40 $ 53,337.60 $ 25.00 $ 208,350.00 $ 16.80 $ 140,011.20 1D8 18" Class III RCP LF 502 85.00 $ 42,670.00 $ 170.00 $ 85,340.00 $ 153.10 $ 76,856.20 1D9 24" Class III RCP LF 79 102.00 $ 8,058.00 $ 180.00 $ 14,220.00 $ 181.68 $ 14,352.72 1D10 13.5"x22" Class III Reinforced Concrete Arch Pipe LF 1,113 154.00 $ 171,402.00 $ 150.00 $ 166,950.00 $ 217.12 $ 241,654.56 1D11 18"x28.5" Class III Reinforced Concrete Arch Pipe LF 94 170.00 $ 15,980.00 $ 220.00 $ 20,680.00 $ 249.66 $ 23,468.04 1D12 18" Class IV RCP LF 533 94.00 $ 50,102.00 $ 160.00 $ 85,280.00 $ 158.38 $ 84,416.54 1D13 24" Class IV RCP LF 103 117.00 $ 12,051.00 $ 210.00 $ 21,630.00 $ 189.60 $ 19,528.80 1D14 13.5"x22" Class IV Reinforced Concrete Arch Pipe LF 118 187.00 $ 22,066.00 $ 180.00 $ 21,240.00 $ 234.28 $ 27,645.04 1D15 18"x28.5" Class IV Reinforced Concrete Arch Pipe LF 1,292 171.00 $ 220,932.00 $ 160.00 $ 206,720.00 $ 249.46 $ 322,302.32 1D16 22.5"x36.25" Class IV Reinforced Concrete Arch Pipe LF 369 212.00 $ 78,228.00 $ 170.00 $ 62,730.00 $ 305.10 $ 112,581.90 1D17 26.625"x43.75" Class IV Reinforced Concrete Arch Pipe LF 134 288.00 $ 38,592.00 $ 230.00 $ 30,820.00 $ 395.22 $ 52,959.48 1D18 5'x2' Reinforced Concrete Box Culvert LF 69 397.00 $ 27,393.00 $ 400.00 $ 27,600.00 $ 438.30 $ 30,242.70 1D19 5'x3' Reinforced Concrete Box Culvert LF 27 509.00 $ 13,743.00 $ 450.00 $ 12,150.00 $ 465.11 $ 12,557.97 1D20 6'x2' Reinforced Concrete Box Culvert LF 496 440.00 $ 218,240.00 $ 390.00 $ 193,440.00 $ 510.60 $ 253,257.60 1D21 10'x3' Reinforced Concrete Box Culvert LF 107 1,100.00 $ 117,700.00 $ 940.00 $ 100,580.00 $ 945.90 $ 101,211.30 1D22 Pipe Trench Safety LF 5,036 1.10 $ 5,539.60 $ 4.20 $ 21,151.20 $ 2.40 $ 12,086.40 1D23 Well Pointing LF 5,036 39.00 $ 196,404.00 $ 98.00 $ 493,528.00 $ 84.00 $ 423,024.00 1D24 3'-6"x4' Type B Manhole EA 1 5,530.00 $ 5,530.00 $ 13,700.00 $ 13,700.00 $ 4,440.00 $ 4,440.00 1D25 4'x4' Type B Manhole EA 2 5,450.00 $ 10,900.00 $ 13,100.00 $ 26,200.00 $ 4,500.00 $ 9,000.00 1D26 4'-6"x4' Junction Box with Grate/Frame Unit EA 1 5,790.00 $ 5,790.00 $ 12,800.00 $ 12,800.00 $ 6,918.00 $ 6,918.00 Page 4 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 1 RFB #3129 Haas -Anderson Constr 1405 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1D27 4'x8'-2" Junction Box & Manhole EA 3 11,600.00 $ 34,800.00 $ 14,900.00 $ 44,700.00 $ 7,182.00 $ 21,546.00 1D28 4'x8'-4" Junction Box & Manhole EA 1 10,000.00 $ 10,000.00 $ 12,900.00 $ 12,900.00 $ 8,520.00 $ 8,520.00 1D29 4'x10' Junction Box & Manhole EA 1 12,100.00 $ 12,100.00 $ 15,300.00 $ 15,300.00 $ 9,060.00 $ 9,060.00 1D30 5'x8' Junction Box & Manhole EA 1 12,300.00 $ 12,300.00 $ 15,900.00 $ 15,900.00 $ 15,984.00 $ 15,984.00 1D31 5'-6"x8' Junction Box & Manhole EA 1 11,400.00 $ 11,400.00 $ 15,000.00 $ 15,000.00 $ 16,201.20 $ 16,201.20 1D32 7'x4' Junction Box & Manhole EA 1 12,200.00 $ 12,200.00 $ 14,400.00 $ 14,400.00 $ 14,832.00 $ 14,832.00 1D33 7'x7' Junction Box & Manhole EA 1 12,500.00 $ 12,500.00 $ 15,500.00 $ 15,500.00 $ 18,804.00 $ 18,804.00 1D34 7'x8'-2" Junction Box & Manhole EA 1 14,100.00 $ 14,100.00 $ 16,800.00 $ 16,800.00 $ 20,520.00 $ 20,520.00 1D35 7'x10' Junction Box & Manhole EA 1 16,200.00 $ 16,200.00 $ 20,800.00 $ 20,800.00 $ 23,040.00 $ 23,040.00 1D36 10'x8' Junction Box & Manhole EA 1 20,000.00 $ 20,000.00 $ 20,800.00 $ 20,800.00 $ 29,520.00 $ 29,520.00 1D37 City Standard Grate Inlet EA 2 2,290.00 $ 4,580.00 $ 10,600.00 $ 21,200.00 $ 3,900.00 $ 7,800.00 1D38 Manhole/Junction Box/Grate Inlet Trench Safety EA 18 77.00 $ 1,386.00 $ 1,700.00 $ 30,600.00 $ 1,800.00 $ 32,400.00 1D39 Headwall/Wingwalls for Yorktown Channel EA 2 28,200.00 $ 56,400.00 $ 30,100.00 $ 60,200.00 $ 27,480.00 $ 54,960.00 1D40 Headwall for 24" RCP EA 2 4,470.00 $ 8,940.00 $ 20,500.00 $ 41,000.00 $ 16,680.00 $ 33,360.00 1D41 5" Concrete Rip Rap for Yorktown Ditch SF 938 16.00 $ 15,008.00 $ 25.00 $ 23,450.00 $ 28.80 $ 27,014.40 1D42 Safety End Treatment (Type II) (3:1) (18") EA 2 1,290.00 $ 2,580.00 $ 1,900.00 $ 3,800.00 $ 1,198.00 $ 2,396.00 1D43 Safety End Treatment (Type II) (6:1) (18") EA 29 1,440.00 $ 41,760.00 $ 1,900.00 $ 55,100.00 $ 1,696.00 $ 49,184.00 1D44 Safety End Treatment (Type II) (3:1) (24") EA 5 1,530.00 $ 7,650.00 $ 1,900.00 $ 9,500.00 $ 1,391.20 $ 6,956.00 1D45 Safety End Treatment (Type II) (6:1) (24") EA 1 2,060.00 $ 2,060.00 $ 1,900.00 $ 1,900.00 $ 2,085.40 $ 2,085.40 1D46 Safety End Treatment (Type II) (3:1) (13.5"x22") EA 23 1,460.00 $ 33,580.00 $ 1,900.00 $ 43,700.00 $ 1,967.20 $ 45,245.60 1D47 Safety End Treatment (Type II) (6:1) (13.5"x22") EA 29 1,800.00 $ 52,200.00 $ 1,900.00 $ 55,100.00 $ 3,234.40 $ 93,797.60 1D48 Safety End Treatment (Type II) (6:1) (18"x28.5") EA 6 2,400.00 $ 14,400.00 $ 1,900.00 $ 11,400.00 $ 3,599.20 $ 21,595.20 Page 5 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 1 RFB #3129 Haas -Anderson Constr 1405 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1D49 Safety End Treatment (Type II) (6:1) (26.625"x43.75") EA 6 7,280.00 $ 43,680.00 $ 1,900.00 $ 11,400.00 $ 8,423.20 $ 50,539.20 1D50 4" Concrete Slope Protection SF 228 14.00 $ 3,192.00 $ 50.00 $ 11,400.00 $ 12.00 $ 2,736.00 1D51 Clean Out Existing 5'x3' Box Culvert LF 720 100.00 $ 72,000.00 $ 63.00 $ 45,360.00 $ 40.00 $ 28,800.00 1D52 Connect Existing 18" CPP to Proposed Manhole EA 1 1,650.00 $ 1,650.00 $ 6,000.00 $ 6,000.00 $ 4,200.00 $ 4,200.00 1D53 Temporary Cofferdam EA 1 60,000.00 $ 60,000.00 $ 180,400.00 $ 180,400.00 $ 10,800.00 $ 10,800.00 1D54 Allowance for Unanticipated Drainage Improvements AL 1 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART 1D - DRAINAGE IMPROVEMENTS $ 2,015,389.85 $ 2,770,498.20 $ 2,830,766.37 NO BID PART 1E - WATER IMPROVEMENTS 1E1 Mobilization (Max. 5% of Part 1E) LS 1 21,000.00 $ 21,000.00 $ 17,500.00 $ 17,500.00 $ 18,000.00 $ 18,000.00 1E2 Remove and Salvage Existing Fire Hydrant EA 5 1,560.00 $ 7,800.00 $ 1,300.00 $ 6,500.00 $ 868.40 $ 4,342.00 1E3 Remove 4" CIP Waterline LF 80 40.00 $ 3,200.00 $ 49.00 $ 3,920.00 $ 33.60 $ 2,688.00 1E4 Remove 6" CIP Waterline LF 93 44.00 $ 4,092.00 $ 75.00 $ 6,975.00 $ 50.40 $ 4,687.20 1E5 Remove 12" PVC Waterline LF 29 48.00 $ 1,392.00 $ 82.00 $ 2,378.00 $ 55.33 $ 1,604.57 1E6 Remove 12" DIP Waterline LF 71 55.00 $ 3,905.00 $ 96.00 $ 6,816.00 $ 65.14 $ 4,624.94 1E7 4" C900 PVC Waterline LF 80 98.00 $ 7,840.00 $ 120.00 $ 9,600.00 $ 79.20 $ 6,336.00 1E8 6" C900 PVC Waterline LF 93 107.00 $ 9,951.00 $ 170.00 $ 15,810.00 $ 117.84 $ 10,959.12 1E9 12" C900 PVC Waterline LF 29 148.00 $ 4,292.00 $ 220.00 $ 6,380.00 $ 149.63 $ 4,339.27 1E10 12" DIP Waterline (Class 350) LF 71 225.00 $ 15,975.00 $ 380.00 $ 26,980.00 $ 259.63 $ 18,433.73 1E11 Pipe Trench Safety LF 273 1.15 $ 313.95 $ 4.20 $ 1,146.60 $ 2.40 $ 655.20 1E12 6"x4" Tee EA 1 853.00 $ 853.00 $ 1,200.00 $ 1,200.00 $ 823.20 $ 823.20 1E13 4" Gate Valve & Box EA 2 1,250.00 $ 2,500.00 $ 1,200.00 $ 2,400.00 $ 852.00 $ 1,704.00 1E14 6" Gate Valve & Box EA 1 1,420.00 $ 1,420.00 $ 1,500.00 $ 1,500.00 $ 993.60 $ 993.60 1E15 Adjust 6" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 4 12,700.00 $ 50,800.00 $ 12,100.00 $ 48,400.00 $ 8,256.00 $ 33,024.00 1E16 Adjust 8" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 1 13,600.00 $ 13,600.00 $ 12,900.00 $ 12,900.00 $ 8,811.60 $ 8,811.60 1E17 Adjust 12" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 12 16,400.00 $ 196,800.00 $ 20,700.00 $ 248,400.00 $ 14,152.80 $ 169,833.60 Page 6 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 1 RFB #3129 Haas -Anderson Constr 1405 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1E18 Connect to Existing 4" CIP WL (Incl. All Required Fittings) with Omni Coupling System EA 2 5,580.00 $ 11,160.00 $ 2,900.00 $ 5,800.00 $ 1,978.80 $ 3,957.60 1E19 Connect to Existing 6" CIP WL (Incl. All Required Fittings) with Omni Coupling System EA 2 4,860.00 $ 9,720.00 $ 2,400.00 $ 4,800.00 $ 1,620.00 $ 3,240.00 1E20 Connect to Existing 8" PVC WL (Incl. All Required Fittings) with Omni Coupling System EA 1 4,980.00 $ 4,980.00 $ 3,400.00 $ 3,400.00 $ 2,310.00 $ 2,310.00 1E21 Connect to Existing 12" PVC WL (Incl. All Required Fittings) with Omni Coupling System EA 4 5,340.00 $ 21,360.00 $ 6,300.00 $ 25,200.00 $ 4,320.00 $ 17,280.00 1E22 Fire Hydrant Assembly EA 5 8,360.00 $ 41,800.00 $ 6,800.00 $ 34,000.00 $ 4,626.00 $ 23,130.00 1E23 Allowance for Unanticipated Water Improvements AL 1 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART 1E - WATER IMPROVEMENTS $ 444,753.95 $ 502,005.60 $ 351,777.63 PART 1F - WASTEWATER IMPROVEMENTS 1F1 Mobilization (Max. 5% of Part 1F) LS 1 81,000.00 $ 81,000.00 $ 75,000.00 $ 75,000.00 $ 60,000.00 $ 60,000.00 1F2 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 2,069 144.00 $ 297,936.00 $ 325.00 $ 672,425.00 $ 251.44 $ 520,229.36 1F3 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10'-18') LF 246 202.00 $ 49,692.00 $ 760.00 $ 186,960.00 $ 515.44 $ 126,798.24 1F4 Rehab 10" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 644 205.00 $ 132,020.00 $ 400.00 $ 257,600.00 $ 269.44 $ 173,519.36 1F5 Rehab 10" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10'-18') LF 178 270.00 $ 48,060.00 $ 590.00 $ 105,020.00 $ 401.44 $ 71,456.32 1F6 Rehab 15" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 93 329.00 $ 30,597.00 $ 940.00 $ 87,420.00 $ 641.44 $ 59,653.92 1F7 Rehab 18" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10'-18') LF 83 405.00 $ 33,615.00 $ 1,400.00 $ 116,200.00 $ 941.44 $ 78,139.52 1F8 Remove Existing 8" VCP Wastewater LF 9 75.00 $ 675.00 $ 120.00 $ 1,080.00 $ 84.00 $ 756.00 1F9 Remove Wastewater Service LF 250 52.00 $ 13,000.00 $ 180.00 $ 45,000.00 $ 120.00 $ 30,000.00 Page 7 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 1 RFB #3129 Haas -Anderson Constr 1405 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 Reytec Constr Resources 1901 Hollister Houston, TX 77080 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1F10 8" C900 (DR -18) PVC (0-6') LF 36 294.00 $ 10,584.00 $ 160.00 $ 5,760.00 $ 107.09 $ 3,855.24 1F11 8" C900 (DR -18) PVC (6'-8') LF 40 309.00 $ 12,360.00 $ 190.00 $ 7,600.00 $ 130.52 $ 5,220.80 1F12 8" SDR 26 PVC (8'-10') LF 53 295.00 $ 15,635.00 $ 210.00 $ 11,130.00 $ 139.30 $ 7,382.90 1F13 Pipe Trench Safety LF 129 2.30 $ 296.70 $ 61.00 $ 7,869.00 $ 40.80 $ 5,263.20 1F14 Well Pointing LF 129 46.00 $ 5,934.00 $ 120.00 $ 15,480.00 $ 84.00 $ 10,836.00 1F15 4' Diameter Manhole EA 22 14,800.00 $ 325,600.00 $ 18,700.00 $ 411,400.00 $ 12,758.40 $ 280,684.80 1F16 Manhole Extra Depth (> 6') VF 40 1,440.00 $ 57,600.00 $ 860.00 $ 34,400.00 $ 588.00 $ 23,520.00 1F17 Manhole Trench Safety EA 22 577.00 $ 12,694.00 $ 1,800.00 $ 39,600.00 $ 1,200.00 $ 26,400.00 1F18 New Wastewater Service Lateral (with C/O) (Incl. Well Pointing and Trench Safety, as Needed) EA 12 4,440.00 $ 53,280.00 $ 10,000.00 $ 120,000.00 $ 6,850.80 $ 82,209.60 1F19 Rehabilitate Existing Manhole with F/G Liner and New 24" Ring and Cover EA 14 13,100.00 $ 183,400.00 $ 16,900.00 $ 236,600.00 $ 11,534.40 $ 161,481.60 1F20 Adjust 8" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 3 19,800.00 $ 59,400.00 $ 25,000.00 $ 75,000.00 $ 17,072.40 $ 51,217.20 1F21 Adjust 12" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 3 23,300.00 $ 69,900.00 $ 30,900.00 $ 92,700.00 $ 21,063.60 $ 63,190.80 1F22 Adjust Existing Wastewater Manhole EA 12 4,570.00 $ 54,840.00 $ 3,000.00 $ 36,000.00 $ 2,070.00 $ 24,840.00 1F23 Connect to Existing Wastewater Manhole EA 6 3,720.00 $ 22,320.00 $ 6,100.00 $ 36,600.00 $ 4,158.00 $ 24,948.00 1F24 Connect Existing Wastewater Line to Proposed Manhole EA 21 4,550.00 $ 95,550.00 $ 5,800.00 $ 121,800.00 $ 3,956.40 $ 83,084.40 1F25 Reconnect Existing Wastewater Service EA 2 2,600.00 $ 5,200.00 $ 5,700.00 $ 11,400.00 $ 3,873.60 $ 7,747.20 1F26 Allowance for Unanticipated Wastewater Improvements AL 1 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 1F - WASTEWATER IMPROVEMENTS $ 1,696,188.70 $ 2,835,044.00 $ 2,007,434.46 NO BID TOTAL BASE BID 1- (PARTS 1A THRU 1F) $ 6,734,988.95 $ 9,450,043.25 $ 9,803,569.38 NO BID Page 8 of 8 TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BID DATE: Wed., August 5, 2020 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 2 RFB #3129 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PART 2A - GENERAL 2A1 Mobilization (Max. 5% of Part 2A) LS 1 $ 15,000.00 $ 15,000.00 2A2 Bonds & Insurance (Base Bid 2) AL 1 $ 105,000.00 $ 105,000.00 2A3 Traffic Control Mobilization/Adjustments LS 1 $ 12,000.00 $ 12,000.00 2A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, LPCB, etc.) MO 13 $ 13,000.00 $ 169,000.00 2A5 Ozone Advisory Day DAYS 3 $ 500.00 $ 1,500.00 2A6 Storm Water Pollution Prevention Plan LS 1 $ 10,000.00 $ 10,000.00 2A7 Rock Filter Dam EA 3 $ 750.00 $ 2,250.00 2A8 Silt Fence LF 1,158 $ 5.00 $ 5,790.00 2A9 Revegetation (Hydromulch) SY 14,652 $ 2.00 $ 29,304.00 2A10 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater AL 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART 2A - GENERAL $ 354,844.00 NO BID NO BID NO BID PART 2B - STREET IMPROVEMENTS 2B1 Mobilization (Max. 5% of Part 2B) LS 1 $ 60,000.00 $ 60,000.00 2B2 Removal of Sign and Sign Support Assembly EA 18 $ 75.00 $ 1,350.00 2B3 Remove Existing Metal Beam Guard Rail LF 38 $ 6.00 $ 228.00 2B4 Pulverize & Recompact Existing Roadway Pavement SY 1,208 $ 12.00 $ 14,496.00 2B5 Street Excavation (1' Beyond E.O.P.) SY 21,234 $ 11.00 $ 233,574.00 2B6 10" Cement Stabilized Subgrade Preparation (1' Beyond E.O.P.) SY 22,442 $ 26.00 $ 583,492.00 267psi) 6" Reinforced Concrete Pavement (4,000 SY 21,195 $ 73.00 $ 1,547,235.00 2B8 Level Up Mill (0"-1") & 1 1/2" HMAC Type D Overlay SY 11,350 $ 18.00 $ 204,300.00 2B9 Full Depth Pavement Repair SY 1,035 $ 115.00 $ 119,025.00 Page 1 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 2 RFB #3129 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2610 Concrete Driveway (Incl. Existing Driveway Removal) SF 12,821 $ 10.00 $ 128,210.00 2611 Pavement Markings (24" Wide, White, Type C Hear Applied, 125 mil, Preformed Thermoplastic "Stop Bar" Marking Lines) LF 321 $ 14.00 $ 4,494.00 2612 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 mil thickness — Yellow 4" Solid LF 2,459 $ 0.80 $ 1,967.20 2613 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 mil thickness — Yellow 4" Broken LF 940 $ 1.50 $ 1,410.00 2614 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 mil thickness — White 4" Solid LF 9,479 $ 0.80 $ 7,583.20 2615 TYII-A-A Raised Pavement Marker (Reflectorized) EA 80 $ 6.00 $ 480.00 2616 TYII-B-B Raised Pavement Market (Reflectorized) EA 15 $ 15.00 $ 225.00 2617 Type 2 Object Marker with Flexible Post (OM -2Z) (FLX) EA 6 $ 90.00 $ 540.00 2618 Combo Stop Sign (R1-1) (30"x30") / Street Name Sign (Incl. Metal Pole and Foundation) EA 25 $ 650.00 $ 16,250.00 2619 Stop Sign (R1-1) (30"x30") (Incl. Metal Pole and Foundation) EA 4 $ 535.00 $ 2,140.00 2620 All Way (R1 -3P) (18"x6') (Incl. Metal Pole and Foundation) EA 3 $ 340.00 $ 1,020.00 2621 Dead End (W14-1aR(L)) (36"x8') (Incl. Metal Pole and Foundation) EA 5 $ 370.00 $ 1,850.00 2622 Stop Ahead (W3-1) (30"x30") (Incl. Metal Pole and Foundation) EA 4 $ 445.00 $ 1,780.00 Page 2 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 2 RFB #3129 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas-Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2623 Speed Limit Sign (R2-1) (24"x30") (Incl. Metal Pole and Foundation) EA 4 $ 420.00 $ 1,680.00 2624 Curve (W1-2R) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 445.00 $ 445.00 2625 Curve (W1-2L) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 445.00 $ 445.00 2626 Two Direction Large Arrow (W1-7T) (96"x36") (Incl. Metal Pole and Foundation) EA 3 $ 1,000.00 $ 3,000.00 2627 Road Ends (W14-1T) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 445.00 $ 445.00 2628 Dead End Barricade (Type 3) LF 20 $ 50.00 $ 1,000.00 2629 Traffic Rail - Type 631LS LF 261 $ 85.00 $ 22,185.00 2630 Guardrail Terminal EA 3 $ 6,000.00 $ 18,000.00 2631 Erosion Control Matting (TRM) SY 15,214 $ 22.00 $ 334,708.00 2632 Select Fill Embankment CY 2,041 $ 28.00 $ 57,148.00 2633 Articulated Concrete Block Matting (Revetment) SY 386 $ 160.00 $ 61,760.00 2634 Allowance for Unanticipated Street Improvements AL 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 2B - STREET IMPROVEMENTS $ 3,457,465.40 NO BID NO BID NO BID PART 2C - RTA IMPROVEMENTS 2C1 Mobilization (Max. 5% of Part 2C) LS 1 $ 1,500.00 $ 1,500.00 2C2 Remove & Salvage Existing RTA Bench EA 1 $ 80.00 $ 80.00 2C3 Concrete Bus Pad SY 320 $ 125.00 $ 40,000.00 2C4 Concrete Landing Pad SF 240 $ 24.00 $ 5,760.00 SUBTOTAL PART 2C - RTA IMPROVEMENTS $ 47,340.00 NO BID NO BID NO BID PART 2D - DRAINAGE IMPROVEMENTS 2D1 Mobilization (Max. 5% of Part 2D) LS 1 50,000.00 $ 50,000.00 2D2 Remove 12" RCP LF 865 5.00 $ 4,325.00 2D3 Remove 15" RCP LF 1,089 5.00 $ 5,445.00 2D4 Remove 18" RCP LF 492 6.00 $ 2,952.00 Page 3 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 2 RFB #3129 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2D5 Remove 24" RCP LF 259 12.00 $ 3,108.00 2D6 Remove Existing Concrete Junction Box EA 3 250.00 $ 750.00 2D7 Ditch Excavation and Regrading/Reshaping LF 8,334 12.00 $ 100,008.00 2D8 18" Class III RCP LF 502 116.00 $ 58,232.00 2D9 24" Class III RCP LF 79 153.00 $ 12,087.00 2D10 13.5"x22" Class III Reinforced Concrete Arch Pipe LF 1,113 233.00 $ 259,329.00 2D11 18"x28.5" Class III Reinforced Concrete Arch Pipe LF 94 261.00 $ 24,534.00 2D12 18" Class IV RCP LF 533 121.00 $ 64,493.00 2D13 24" Class IV RCP LF 103 175.00 $ 18,025.00 2D14 13.5"x22" Class IV Reinforced Concrete Arch Pipe LF 118 265.00 $ 31,270.00 2D15 18"x28.5" Class IV Reinforced Concrete Arch Pipe LF 1,292 295.00 $ 381,140.00 2D16 22.5"x36.25" Class IV Reinforced Concrete Arch Pipe LF 369 390.00 $ 143,910.00 2D17 26.625"x43.75" Class IV Reinforced Concrete Arch Pipe LF 134 525.00 $ 70,350.00 2D18 5'x2' Reinforced Concrete Box Culvert LF 69 540.00 $ 37,260.00 2D19 5'x3' Reinforced Concrete Box Culvert LF 27 540.00 $ 14,580.00 2D20 6'x2' Reinforced Concrete Box Culvert LF 496 600.00 $ 297,600.00 2D21 10'x3' Reinforced Concrete Box Culvert LF 107 1,500.00 $ 160,500.00 2D22 Pipe Trench Safety LF 5,036 0.50 $ 2,518.00 2D23 Well Pointing LF 5,036 25.00 $ 125,900.00 2D24 3'-6"x4' Type B Manhole EA 1 4,200.00 $ 4,200.00 2D25 4'x4' Type B Manhole EA 2 4,200.00 $ 8,400.00 2D26 4'-6"x4' Junction Box with Grate/Frame Unit EA 1 4,700.00 $ 4,700.00 2D27 4'x8'-2" Junction Box & Manhole EA 3 8,200.00 $ 24,600.00 2D28 4'x8'-4" Junction Box & Manhole EA 1 7,900.00 $ 7,900.00 Page 4 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 2 RFB #3129 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2D29 4'x10' Junction Box & Manhole EA 1 8,700.00 $ 8,700.00 2D30 5'x8' Junction Box & Manhole EA 1 8,500.00 $ 8,500.00 2D31 5'-6"x8' Junction Box & Manhole EA 1 8,600.00 $ 8,600.00 2D32 7'x4' Junction Box & Manhole EA 1 6,500.00 $ 6,500.00 2D33 7'x7' Junction Box & Manhole EA 1 11,200.00 $ 11,200.00 2D34 7'x8'-2" Junction Box & Manhole EA 1 12,800.00 $ 12,800.00 2D35 7'x10' Junction Box & Manhole EA 1 14,400.00 $ 14,400.00 2D36 10'x8' Junction Box & Manhole EA 1 16,600.00 $ 16,600.00 2D37 City Standard Grate Inlet EA 2 3,400.00 $ 6,800.00 2D38 Manhole/Junction Box/Grate Inlet Trench Safety EA 18 200.00 $ 3,600.00 2D39 Headwall/Wingwalls for Yorktown Channel EA 2 51,000.00 $ 102,000.00 2D40 Headwall for 24" RCP EA 2 4,400.00 $ 8,800.00 2D41 5" Concrete Rip Rap for Yorktown Ditch SF 938 11.00 $ 10,318.00 2D42 Safety End Treatment (Type II) (3:1) (18") EA 2 2,200.00 $ 4,400.00 2D43 Safety End Treatment (Type II) (6:1) (18") EA 29 3,000.00 $ 87,000.00 2D44 Safety End Treatment (Type II) (3:1) (24") EA 5 3,100.00 $ 15,500.00 2D45 Safety End Treatment (Type II) (6:1) (24") EA 1 3,800.00 $ 3,800.00 2D46 Safety End Treatment (Type II) (3:1) (13.5"x22") EA 23 3,100.00 $ 71,300.00 2D47 Safety End Treatment (Type II) (6:1) (13.5"x22") EA 29 3,600.00 $ 104,400.00 2D48 Safety End Treatment (Type II) (6:1) (18"x28.5") EA 6 5,600.00 $ 33,600.00 2D49 Safety End Treatment (Type II) (6:1) (26.625"x43.75") EA 6 10,500.00 $ 63,000.00 2D50 4" Concrete Slope Protection SF 228 13.00 $ 2,964.00 Page 5 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 2 RFB #3129 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2D51 Clean Out Existing 5'x3' Box Culvert LF 720 14.00 $ 10,080.00 2D52 Connect Existing 18" CPP to Proposed Manhole EA 1 900.00 $ 900.00 2D53 Temporary Cofferdam EA 1 60,000.00 $ 60,000.00 2D54 Allowance for Unanticipated Drainage Improvements AL 1 10,000.00 $ 10,000.00 SUBTOTAL PART 2D - DRAINAGE IMPROVEMENTS $ 2,603,878.00 NO BID NO BID NO BID PART 2E - WATER IMPROVEMENTS 2E1 Mobilization (Max. 5% of Part 2E) LS 1 10,000.00 $ 10,000.00 2E2 Remove and Salvage Existing Fire Hydrant EA 5 646.00 $ 3,230.00 2E3 Remove 4" CIP Waterline LF 80 17.00 $ 1,360.00 2E4 Remove 6" CIP Waterline LF 93 17.00 $ 1,581.00 2E5 Remove 12" PVC Waterline LF 29 19.00 $ 551.00 2E6 Remove 12" DIP Waterline LF 71 20.00 $ 1,420.00 2E7 4" C900 PVC Waterline LF 80 145.00 $ 11,600.00 2E8 6" C900 PVC Waterline LF 93 147.00 $ 13,671.00 2E9 12" C900 PVC Waterline LF 29 222.00 $ 6,438.00 2E10 12" DIP Waterline (Class 350) LF 71 282.00 $ 20,022.00 2E11 Pipe Trench Safety LF 273 5.00 $ 1,365.00 2E12 6"x4" Tee EA 1 434.00 $ 434.00 2E13 4" Gate Valve & Box EA 2 1,120.00 $ 2,240.00 2E14 6" Gate Valve & Box EA 1 1,250.00 $ 1,250.00 2E15 Adjust 6" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 4 8,500.00 $ 34,000.00 2E16 Adjust 8" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 1 9,200.00 $ 9,200.00 2E17 Adjust 12" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 12 10,800.00 $ 129,600.00 2E18 Connect to Existing 4" CIP WL (Incl. All Required Fittings) with Omni Coupling System EA 2 3,600.00 $ 7,200.00 Page 6 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 2 RFB #3129 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2E19 Connect to Existing 6" CIP WL (Incl. All Required Fittings) with Omni Coupling System EA 2 2,650.00 $ 5,300.00 2E20 Connect to Existing 8" PVC WL (Incl. All Required Fittings) with Omni Coupling System EA 1 3,800.00 $ 3,800.00 2E21 Connect to Existing 12" PVC WL (Incl. All Required Fittings) with Omni Coupling System EA 4 3,800.00 $ 15,200.00 2E22 Fire Hydrant Assembly EA 5 13,000.00 $ 65,000.00 2E23 Allowance for Unanticipated Water Improvements AL 1 10,000.00 $ 10,000.00 SUBTOTAL PART 2E - WATER IMPROVEMENTS $ 354,462.00 NO BID NO BID NO BID PART 2F - WASTEWATER IMPROVEMENTS $ - 2F1 Mobilization (Max. 5% of Part 2F) LS 1 50,000.00 $ 50,000.00 2F2 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 2,069 120.00 $ 248,280.00 2F3 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10'-18') LF 246 206.00 $ 50,676.00 2F4 Rehab 10" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 644 150.00 $ 96,600.00 2F5 Rehab 10" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10'-18') LF 178 265.00 $ 47,170.00 2F6 Rehab 15" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 93 165.00 $ 15,345.00 2F7 Rehab 18" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10'-18') LF 83 256.00 $ 21,248.00 2F8 Remove Existing 8" VCP Wastewater LF 9 45.00 $ 405.00 2F9 Remove Wastewater Service LF 250 14.00 $ 3,500.00 2F10 8" C900 (DR -18) PVC (0-6') LF 36 171.00 $ 6,156.00 2F11 8" C900 (DR -18) PVC (6'-8') LF 40 200.00 $ 8,000.00 2F12 8" SDR 26 PVC (8'-10') LF 53 218.00 $ 11,554.00 Page 7 of 8 LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE PROJ NO 18025A (SEGMENT 3) - BASE BID 2 RFB #3129 Reytec Constr Resources 1901 Hollister Houston, TX 77080 Haas -Anderson Constr 1402 Holly Rd CC, TX 78411 Bay Ltd 401 Corn Products Rd CC, TX 78409 Clark Pipeline Services 6229 Leopard CC, TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2F13 Pipe Trench Safety LF 129 20.00 $ 2,580.00 2F14 Well Pointing LF 129 28.00 $ 3,612.00 2F15 4' Diameter Manhole EA 22 10,600.00 $ 233,200.00 2F16 Manhole Extra Depth (> 6') VF 40 154.00 $ 6,160.00 2F17 Manhole Trench Safety EA 22 200.00 $ 4,400.00 2F18 New Wastewater Service Lateral (with C/O) (Incl. Well Pointing and Trench Safety, as Needed) EA 12 3,500.00 $ 42,000.00 2F19 Rehabilitate Existing Manhole with F/G Liner and New 24" Ring and Cover EA 14 13,900.00 $ 194,600.00 2F20 Adjust 8" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 3 14,000.00 $ 42,000.00 2F21 Adjust 12" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 3 16,500.00 $ 49,500.00 2F22 Adjust Existing Wastewater Manhole EA 12 2,800.00 $ 33,600.00 2F23 Connect to Existing Wastewater Manhole EA 6 1,800.00 $ 10,800.00 2F24 Connect Existing Wastewater Line to Proposed Manhole EA 21 1,000.00 $ 21,000.00 2F25 Reconnect Existing Wastewater Service EA 2 800.00 $ 1,600.00 2F26 Allowance for Unanticipated Wastewater Improvements AL 1 25,000.00 $ 25,000.00 SUBTOTAL PART 2F - WASTEWATER IMPROVEMENTS $ 1,228,986.00 NO BID NO BID NO BID TOTAL BASE BID 2 - (PARTS 2A THRU 2F) $ 8,046,975.40 NO BID NO BID NO BID Page 8 of 8 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT LAGUNA SHORES RD - GRAHAM DR TO SPID PROJ. NO. 18026A CONTRACT NO. 3127 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 20 0938 Laguna Graham to SPID DocuSign Envelope ID: 0A72F8B2-FDB5-4626-B0B9-CCC08595909B 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Mako Contracting, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Laguna Shores Road — Graham to SPID (Bond 2018) Project Number 18026A ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering, Inc. — Jeff Covm, PE — Vice President 5350 South Staples Street, Suite 425 Corpus Christi, Texas 78411 icovm@lia.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PM — Asst. Director of Construction City of Corpus Christi — Engineering Services 4917 Holly Rd, Bldg #5 Corpus Christi, TX 78411 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 220 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 250 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement Segment 1— Laguna Shores Road — Project No. 18026A 005223-1 Rev 7/2020 DocuSign Envelope ID: 0A72F8B2-FDB5-4626-BOB9-CCC08595909B C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $1,400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid No. 1 $ 3,548,277.14 ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement Segment 1— Laguna Shores Road — Project No. 18026A 005223-2 Rev 7/2020 DocuSign Envelope ID: 0A72F8B2-FDB5-4626-B0B9-CCC08595909B 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement Segment 1— Laguna Shores Road — Project No. 18026A 005223-3 Rev 7/2020 DocuSign Envelope ID: 0A72F8B2-FDB5-4626-B0B9-CCC08595909B C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement Segment 1— Laguna Shores Road — Project No. 18026A 005223-4 Rev 7/2020 DocuSign Envelope ID: 0A72F8B2-FDB5-4626-BOB9-CCC08595909B L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. b. List as necessary. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response, which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement Segment 1— Laguna Shores Road — Project No. 18026A 005223-5 Rev 7/2020 DocuSign Envelope ID: 0A72F8B2-FDB5-4626-BOB9-CCC08595909B ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney AUTHORIZED ATTEST (IF CORPORATION) CONTRACTOR Mako Contracting, LLC (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: ,-Dc u5igned by: •c6AD7322F4949D... President 8/14/2020 3636 S Alameda, Ste B153 Address Corpus Christi, TX 78411 City 361/561-6256 State Zip Phone Fax gg@makocontracting.com EMail END OF SECTION Agreement Segment 1— Laguna Shores Road — Project No. 18026A 005223-6 Rev 7/2020 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Project Name: Laguna Shores Road - Graham to SPID (Bond 2018) Project Number: 18026A Owner: City of Corpus Christi Bidder: 1\1) et Vo ectr&okcA ,,('G OAR; Designer: UA Engineering, Inc By its signature of all Addenda Work in accordance Bidder: Signature: Name: Title: Attest: of Residency; Federal Tx ID Address for Phone: (w Phone: below, Bidder accepts all of the terms and conditions of the Bid Acknowledgement, acknowledges receipt to the Bid and agrees, if this Bid is accepted, to enter into a Contract with the Owner and complete the with the Contract Documents for the Bid price. VI G C-0 ' 'Vk (full legal name of Bidder) 0 (signature of person with authority to bind the Bidder) , 4'' evooc v'IL VI (printed name of person signing Bid Form) 4-5 ICA tl-\- (title of person signing Bid Form) Iilli Q: W1. •# j (signature) i 1-exc�Slate No. -'6(49-Ln VICOO Notices: (.0 `,• 1ouec\ a 9 Q g )S 3 epreQ,5 Chr,s-L i -\-"k -16(11 1 5 (0) - 25 Email: �i P.) mriko tir\� {c i (f t corn - Bid Form - Base Bid No. 1 Laguna Shores Road - Graham to SPID (Bond 2018) - Proj. No. 18026A 00 30 01 - Page 1 of 9 Rev 8/2019 00 30 01 BID FORM Basis of Bid ADDENDUM NO. 1 ATTP,CHN1EN"i INEO.2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid No. 1 - HMAC Pavement Part 1A - General (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A1 Mobilization (Max. 5% of Part 1A) LS 1 gooD.E et 041 1A2 Bonds & Insurance (Base Bid 1) AL 1 S7,_ 000.-e 5!, all `` 1A3 Traffic Control Mobilization/Adjustments LS 1 CPA. S003.14 1A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, LPCS, etc.) MO 7 ++ o�.� loo, 1A5 Message Boards for Traffic Control EA 5 11100.e °+alk° 1A6 Ozone Advisory Day DAYS 3 I, - /., 1A7 Storm Water Pollution Prevention Plan LS 1 5&IV st0,d' 1A8 Inlet Protection EA 2 1 2 /1cr,,`e• 1A9 Rock Filter Darn EA 14 f(Ca el 1' TRY 1A10 Silt Fence LF 3,290 015 131 90. 3 1A11 Revegetation (Hydromulch) SY 3,532 1,-. 5-12M= t': 1Al2 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater AL 1 $ 5,000.00 5-,e SUBTOTAL PART 1A - GENERAL (Items 1A1 thru 1Al2) 17I, yv.sem Part 1B • STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1B1 Mobilization (Max. 5% of Part 1B) LS 1 A5iMO. ° PS,Om. o- 1B2 Remove Curb and Gutter LF 92 3.P 32;.°-• 1B3 Removal of Sign and Sign Support Assembly EA 10 J J y. * iiY6•4° 1B4 Remove Existing Metal Beam Guard Rail LF 390 sw 11 150.1: 1B5 Pulverize & Recompact Existing Roadway Pavement SY 2,280 2.5.9 saao. 4e 1B6 Street Excavation (1' Beyond E.O.P.) SY 9,428 ,a.4' CYfr AP. 119 1B7 Subgrade Preparation (1' Beyond E.O.P.) SY 11,708 1.0/ 95, l?%• 1B8 TX -5 Geogrid (1' Beyond E.O.P.) SY 11,708 ti V‘i 8'3A fr 189 8" Type A, Grade 1-2 Crushed, Limestone Base per TxDOT Spec. Item No. 247 (1' Beyond E.O.P.) SY 11' 708 w 9S7,5 %b.7Z•461Std. 1B10 One Course Surface Treatment Underseal SY 11,708 2_S' 9.11621. 1B11 3" Type 'D' HMAC SY 11,024 27•'4 2681511.47 Bid Form - Base Bid No. 1 Laguna Shores Road - Graham to SPID (Bond 2018) - Proj. No. 18026A 00 30 01 - Page 2 of 9 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Iters DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1812 Level Up Mill (0"-1") & 1 1/2" HMAC Type D Overlay SY 2,180 11 Yb _ q2 q/t. t'' 1813 Full Depth Pavement Repair SY 190 11'111 D' yr6. ?S 1B14 6" Curb and Gutter LF 139 ?.5 3) VA 6e 11315 Concrete Driveway (Incl. Existing Driveway Removal) SF 3,292 12•I: q/ /SO,& 1B16 Pavement Markings (24" Wide, White, Type C Hear Applied, 125 mil, Preformed Thermoplastic "Stop Bar" Marking Lines) LF24.-- po.i .? 1817 Pavement Markings (Crosswalk Markings - Total LF of 24" Wide, White, Type C Heat Applied, 125 mil, Preformed Thermoplastic) LF 38 i) �' - 1B18 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 mil thickness - Yellow 4" Solid LF 4,666 46 Is ° 71. 1819 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 mil thickness - Yellow 4" Broken LF 150 ', 5• PS a I620 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 mil thickness- White 4"Solid LF 6 006 64 3,1 y4 1621 TYII-A-A Raised Pavement Marker (Reflectorized) EA 664. w slof 1822 TYII-B-B Raised Pavement Market (Reflectorized) EA 2 1:•(:: IL. 'w 1B23 Type 2 Object Marker with Flexible Post (OM -2Z) (FLX) EA 7 `i ! 7f, 4111 1B24 Chevron Alignment (W1 -8L) (18"x24") (Incl. Metal Pole and Foundation) EA 5 S xd a �+�o• 1825 Chevron Alignment (W1 -8R) (18"x24") (Incl. Metal Pole and Foundation) EA 5 .i`fi" �, 5y a. c,, 1826 Combo Stop Sign (R1-1) (30"x30") / Street Name Sign (Incl. Metal Pole and Foundation) EA 4V 4'7J 0. 3�CT�► 41 1627 Stop Ahead (W3-1) (30"x30") (Incl. Metal Pole and Foundation) EA 2 S7p. r iAVIO. €1:-. 1828 Speed Limit Sign (R2-1) (24"x30") (Incl. Metal Pole and Foundation) EA 4 Al 1629 Reverse Curve (W1 -4L) (30"x30") (Incl. Metal Pole and Foundation) 2 S2p,do ` }111Y°.w 1B30 Merge (W4 -1R) (30"x30") (Incl. Metal Pole and Foundation) EA 1 ..C.30.4‘EA ,0,$r 5'7O. al 1B31 One Way (R6 -1R) (36"x12") (Incl. Metal Pole and Foundation) EA 1 s/D.W 5 IO,‘.?? 1832 Traffic Rail - Type 631LS LF 625 ‘le: y3z 0-5. 1833 Guardrail Terminal EA 4 3Y50. ' 13 foq-' 1B34 Erosion Control Matting (TRM) SY 7,751 19 V IsDi 6 yo. 6/ 11335 Temporary Cofferdam EA 2u- 100:13). "" Q.41 0• 1636 Select Fill Embankment CY 1,216 1)• iii ela.® Bid Farm - Base Bid No. 1 Laguna Shores Road - Graham to SPID (Bond 2018) - Proj. No. 18026A 00 30 01 - Page 3 of 9 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1B37 Articulated Concrete Block Matting (Revetment) SY 1,205 130.`2 154 6 o.a' 1B38 Allowance for Unanticipated Street Improvements AL 1 $ 25,000.00 as, {gyp, ',- SUBTOTAL SUBTOTAL PART 18 - STREET IMPROVEMENTS (Items 181 thru 1838) I' 39 s, pail* Part 1C - ADA IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1C1 Mobilization (Max. 5% of Part 1C) LS 1 'ti 50• e" 140-t' 1C2 Remove Existing Concrete Sidewalk SF 73 3.1 NVd' 1C3 Remove Existing Curb Ramp SF 147 q W 34a• 1C4 5' Concrete Pedestrian Sidewalk SF 25 d. `" 24D, ur 105 Sidewalk Ramp SF 182 q-5-6.il,SSO. 106 SUBTOTAL PART 1C - ADA IMPROVEMENTS (1C1 THRU 105) s -i g0 7..21 Part 'ID • DRAINAGE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1D1 Mobilization (Max. 5% of Part 1D) LS 1 2-5- 4t).''' 1I) as, opo. 102 Remove Existing 12" RCP LF 46 1.}•S} 16/1.9' 103 Remove Existing 12" CPP LF 18 ?,3.5?' (P-3. 36 104 Remove Existing 15" RCP LF 292 9-3.5'. 6, r6.2 a'4 1D5 Remove Existing 18" RCP LF 250 14. S)' Ssto. ° 106 Remove Existing 24" RCP LF 76 Py. LY 1172 .41 1D7 Remove Existing 24" CPP LF 164 30 5 05 }'° 1D8 Remove Existing 8'x4' Reinforced Concrete Box Culvert LF 183 I (10.4-1-2.$400/ 1D9 Remove Existing Curb Inlet EA 2 1, 06'{.rr 9.1 %d ° 1010 Remove Existing Headwall/Wingwall EA 2 3136•41 69-7,-.1 1011 Remove Concrete Channel LF 133 II." 1 L i? 6" 1012 Ditch Excavation and Regrading/Reshaping LF 3,453 11-V YHA. e 1D13 13.5"x22" Class III Reinforced Concrete Arch Pipe LF 229 kit 96 q6,115.-'5 1D14 18"x28.5" Class III Reinforced Concrete Arch Pipe LF 151 2,1t•'il~° ep.,?7Y.` 1D15 18" Class IV RCP LF 32 60,4r 1 ¶ 35;3: Bid Form - Base Bid No. 1 Laguna Shores Road - Graham to SPID (Bond 2018) - Proj. No. 18026A 00 30 01 - Page 4 of 9 Rev 8/2019 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1D16 24" Class IV RCP LF 297 7 z!° 2.3 r 1017 13.5"x22" Class IV Reinforced Concrete Arch Pipe LF 43 Vt.i. 6y /Y/7. J: 1018 18"x28.5" Class IV Reinforced Concrete Arch Pipe LF 174 ”5 r“ yon j .y, 4" 1019 10'x4' Reinforced Concrete Box Culvert Li: 216 1P12. 41" 0-411,70.e 1020 Pipe Trench Safety IF 1,142 5.• 6° 41375 ! 1D21 1D21 Well Pointing ....- LF 1,142 ').1.+" #(i iI7L.i 1022 Headwall/Wingwalls for O'Neill Channel EA 2 2.1.dp, w (, pli.r 1023 5" Concrete Rip Rap for O'Neill Channel 5F 1,719 1/-4"74 X07 74 1D24 Safety End Treatment (Type II) (3:1) (24") EA 12 ?..fir, SC 2.51 S'L. e 1025 Safety End Treatment (Type II) (3:1) (13.5"x22") EA 3 74,11,.‘:1 L1 owr.'= 1026 Safety End Treatment (Type II) (6:1) (13.5"x22") EA 11 /.641.' VIISLV'r 1D27 Safety End Treatment (Type 11) (3:1) (18"x28.5") EA 5 7,4 fl. =' ii, Wyk qg 1028 Safety End Treatment (Type II) (6:1) (18"x28.5") EA 1 ). is b.`! ¢1' 4.' 1D29 4" Concrete Slope Protection 5F 275 n,,,% 330.a 1030 4'-8"x4" Junction Box with Grate/Frame Unit EA 1 76► io.'" 76i6.6" 1031 5' Curb Inlet EA 1 531'0 5,r0. `' 1D32 Precast Special Junction Box w/ 5' Curb Inlet EA 1 jyop. 17 MO. 1033 Junction Box/Grate Inlet/Curb Inlet Trench Safety EA 3 616 i ryi.0 1D34 Pipe Support EA 4 9-4,1.1.1 /07jx,'' 1035 Temporary Cofferdam EA 2 q.f d7rfl.P' So9 6r.r'' 1 1D36 Allowance for Unanticipated Drainage Improvements AL 1 $ 10,000.00 p ISD.00 SUBTOTAL PART 10 - DRAINAGE IMPROVEMENTS (101 THRU 1036) $0,S,? -0'.d Part lE - WATER IMROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1E1 Mobilization (Max. 5% of Part 1E) LS 1 15dD.).`' (S `"' 1E2 Remove and Salvage Existing Fire Hydrant EA 1 / 6t0." 14,0.4e. 1E3 Remove Existing 6" PVC Waterline LF 91 ra -%"14 ?t 12 1E4 Remove Existing 6" CIP Waterline LF 580 94.42 1412V.S% 1E5 Remove Existing 6" ACP Waterline LF 496 o -r.'" Ili tti d' 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Bid Form - Base Bid No.1 Laguna Shores Road - Graham to SPID (Bond 2018) - Proj. No. 18026A 00 30 01 - Page 5 of 9 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1E6 Remove Existing 8" Waterline LF 40 qq. e /171 1E7 Remove Existing 12" Waterline LF 43 S4,* AYdr•'E 1E8 Remove Existing CIP Waterline to Gateway Lift Station LF 40 HP,4e l(yo G 1E9 Remove Water Service LF 196 q f ! 47/11)• 1E10 Remove Water Meter EA 9 .1e4f. w CYC . e 1E11 6" DIP Waterline (Class 350) LF 101 j JX. Ir3th'te 1E12 8" C900 PVC Waterline LF 1,120 til, '_•415. gyp• e' 1E13 12" C900 PVC Waterline LF 44 err. 5t72.' 1E14 Pipe Trench Safety LF 1,265 5, r.' 6 ?J2 J^ 1E15 Well Pointing LF 1,265 y3 5i~ Sys 3'f 1).e 1E16 6" DI 45" Bend EA 4 4i6 ?y OK * 1E17 6" DI 90° Bend EA 4 61?,4° 9,f3 , �' 1E18 8" DI 45° Bend EA 2 160. ' !3x'.41 1E19 8" Gate Valve & Box EA 4 17' - 7(6e', -q' 1E20 12" 11.25° Bend EA 2w 873, /(J. a 1E21 12" Gate Valve & Box EA 1 2.b91`= ?.67s.`= 1E22 8" x 5" Reducer EA 2 5j0.%* j(O.. 1E23 8" Tee EA 2 190.622 j Sya. 1E24 12"x8" Reducer EA 1 71 J. 'Its. cr: 1E25 Adjust 8" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 54 i / ?Yr' 7l' 1E26 Connect to Existing 6" PVC WL (Incl. All Required Fittings) with Omni Coupling System EA 3 11p 5.4=' 5/15 .4%1 1E27 Connect to Existing 6" ACP WL (incl. All Required Fittings) with Omni Coupling System EA 1 1,g) I. 41 poi". 1E28 Connect to Existing 8" WL (Incl. All Required Fittings) with Omni Coupling System EA 1 .3 q)). S0 ?Obi. 1E29 Connect to Existing 12" WL (Incl. All Required Fittings) with Or EA 1 2.'?jm , — 9.7So.t 1E30 Fire Hydrant Assembly (Type 2) EA 1 1 1 ,`g ((1'Yr 11 31 1" PE Water Service (incl. Service Saddle, Corp Stop, PE, and Reconnection) LF 1846 �`�� •9-41/k•' 1E32 Allowance for Unanticipated Water Improvements AL 1 $ 10,000.00 t 0,q}+, �' SUBTOTAL PART 1E - WATER IMPROVEMENTS 1E1 THRU 1E32) S S1, ‘0`. J Bid Form - Base Bid No. 1 Laguna Shores Road - Graham to SPID (Bond 2018) - Proj. No. 18026A 00 30 01 - Page 6 of 9 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Part 1F -WASTEWATER IMROVEMENTS {per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1F1 Mobilization (Max. 5% of Part 1F) LS 1 '4510.33.'1-2 , 2-S Upu, 1F2 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (101 -181 LF 589 cW i3`�,� 114,1_ << 1F3 Remove Existing 12" VCP Wastewater LF 221 5 `' 1:326.' 1F4 Remove Existing 10" CIP Force Main LF 93 s64' 5) -or - 1F5 Remove Existing 18" PVC Force Main LE 102 S'6.4a S%f., =' 1F6 Remove Wastewater Service LF 186 a (2,99 YI 66.=° 1F7 6" C900 (DR -18) PVC (8'-10') LF 187 `Ls.' 19. to..44,2 1F8 12" C900 (DR -18) PVC (8'-10') LF 34 [45 a N4So, `L" 1F9 10" DI Force Main LF 107 1-67.r PIM '2 1F10 18" DI Force Main LF 117 0.63.1=1 301 7944 `9 1F11 Pipe Trench Safety LF 445 I -4L IV I a.. S4O. ‘t' 1F12 Well Pointing LF 445 37. 171 yyy, r 1F13 16" Dia. 3/8" Steel Casing (Welded) LF 48 0-11. 4' NI (Me 1F14 30" Dia. 3/8" Steel Casing (Welded) EA 48 953- ` ' 0., 014.0. 1F15 10" 45° Bend EA 2 WY. «r 1•54441 1F16 10" 90° Bend EA 4 Arc" 3y0•2-1 1F17 18" 45° Bend EA 2 1424-=-4 SI.S)..0: 1F18 18" 90° Bend EA 4 �,j7I.W JO1WI. '? 1F19 Air Release Valve EA 2 so410,1-6 10, 00.V 1F20 4' Diameter Manhole VF 2 "6" 174 `M'D'T 1F21 Manhole Extra Depth (> 6') EA 7 Irk**+t3 9MO. V 1F22 Manhole Trench Safety EA 2 IWO.5:' '.}CIO, a' 1F23 New Wastewater Service Lateral (with C/0) (Incl. Well Pointing and Trench Safety, as Needed) EA 3scbe 1;154.51 1F24 Remove Sewage and Grout Fill Bottom of Existing 4' Manhole to Flowline EA 1 1611):"-P . • w I bro' `' 1F25 Rehabilitate Existing Manhole with F/G Liner and New 24" Ring and Cover EA 3 �1;.' 2n) 40.4" 1F26 Adjust 10" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 4 13WO•�' C3 17i0.41 1F27 Adjust 18" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 40' �'�'qa0'� ��� tW 1F28 Adjust Existing Wastewater Manhole EA 13 f4 y r- 14, r3_ i. Bid Form - Base Bid No. 1 Laguna Shores Road - Graham to SPED (Bond 2018) - Proj. No. 18026A 00 30 01 - Page 7 of 9 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1F29 Adjust Existing Valve Box EA 1 j( 6.r. 4i 10.2' 1F30 Connect to Existing 10" CIP Force Main EA 2 7 • 4' ) SC.' 1F31 Connect to Existing 18" PVC Force Main EA 2 rIC. t' ling' 1F32 Connect to Existing Wastewater Manhole EA 4 16:a.' 67ra,� 1F33 Connect Existing Wastewater Line to Proposed Manhole EA 4 1 b jll.°' 6 9i0. fi 1F34 Allowance for Unanticipated Wastewater Improvements AL 1 $ 25,000.00 2.Sitdb.14 SUBTOTAL PART 1F - WASTEWATER IMPROVEMENTS 1F1 THRU 1F34) 573, ? /' e 1 Part 1G -REDHEAD POND MITIGATION (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) 1G1 Mobilization (Max. 5% Part of 16) LS 1 S&X Ste, `4 162 Silt Fence LF 1,000 Li, 42. Jo. w 163 Rock Filter Dam EA 3 SiN. d 1StS . w 164 Revegetation (Hydromulch) SY 877 1. D 1 S15-. 1G5 Remove Existing 15" RCP LF 6 '}-$.''{S0•isJ 166 Remove Existing 18" RCP LF 706 9 0, ro." 167 Remove Existing 30" RCP LF 27 35 141S.5 168 Remove Existing Grate Inlet & Concrete Flume EA 1 1461. 4'" 940 {i' 169 Remove Existing Bollard & Cable Fence LF 21 Q+3.1 1610 Remove & Replace Existing Chainlink Fence LF 22 79 . P 1'7YS ?° 1611 Ditch Excavation CY 650 I).s° g'+}S. 3' 1612 5" Concrete Riprap SY 516 r(:.0 (491 176, 1613 Bollard & Cable Fence LF 8 ti -b. s' 1Ol�01 1614 Metal Beam Guard Fence LF 56 e'}. q04. $V 1615 Articulated Concrete Block Matting SY 83 (3Igi tot /10. 1" SUBTOTAL PART 16 - REDHEAD POND MITIGATION (161 THRU 1615) 1 0'7 14 Of Bid Form - Base Bid No. 1 Laguna Shores Road - Graham to SPID (Bond 2018) - Proj. No. 18026A 00 30 01 - Page 8 of 9 Rev 8/2019 1 00 30 01 BID FORM ADDENDU1,•I FJO. ATTACHMENT NO. 2 Item DESCRIPTION UNIT i ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Part 1H -LAGUNA SHORES LIVING SHORELINE (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) 1H1 Additional Mobilization LS 1 745M` ).$ OJ. cd 1H2 Construction Surveys LS 1 8124'w ca SA • 1H3 Graded Riprap LF 495 40). t f cIA. 1H4 Geotextile SY 800 I0,`r 3i4g,e 1H5 Marsh Fill CY 165 .1 S'17.5.`!" 1H6 Marsh Planting LS 1 D►CD6'v 1)0A" w SUBTOTAL PART 1H - LAGUNA SHORES LIVING SHORELINE (1111 THRU 1H6) 6SIps TOTAL PROJECT BASE BID NO. 1(PARTS 1A THRU 1H) 3159","qa'— Bid Form - Base Bid No. 1 00 30 01 - Page 9 of 9 Laguna Shores Road - Graham to SPED (Bond 2018) - Proj. No. 18026A Rev 8/2019 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT LAGUNA SHORES RD - CARIBBEAN TO HUSTLIN' HORNET - PROJ. NO. 18024A CONTRACT NO. 3128 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 20 0938 Laguna Caribbean to Hornet 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Haas -Anderson Construction, Ltd (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Laguna Shores Road — Caribbean to Hustlin' Hornet (Bond 2018) Project Number 18024A ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering, Inc. — Jeff Coym, PE — Vice President 5350 South Staples Street, Suite 425 Corpus Christi, Texas 78411 icoym@Ija.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PM — Asst. Director of Construction City of Corpus Christi - Engineering Services 4917 Holly Rd, Bldg #5 Corpus Christi, TX 78411 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 480 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 510 days after the date when the Contract Times commence to run. Agreement Segment 2 — Laguna Shores Road — Project No. 18024A 005223-1 Rev 7/2020 B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $1,400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid No. 1 $ 6,263,934.90 Agreement Segment 2 — Laguna Shores Road — Project No. 18024A 005223-2 Rev 7/2020 ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement Segment 2 — Laguna Shores Road — Project No. 18024A 005223-3 Rev 7/2020 ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement Segment 2 — Laguna Shores Road — Project No. 18024A 005223-4 Rev 7/2020 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. b. List as necessary. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response, which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement Segment 2 — Laguna Shores Road — Project No. 18024A 005223-5 Rev 7/2020 ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney AUTHORIZED ATTEST (IF CORPORATION) CONTRACTOR Haas -Anderson Construction, Ltd. (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: 1402 Holly Rd. Address Corpus Christi, TX 78417 City State Zip Phone Fax dhaas@haas-anderson.com EMail END OF SECTION Agreement Segment 2 — Laguna Shores Road — Project No. 18024A 005223-6 Rev 7/2020 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Project Name: Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) g Project Number: 18024A Owner: City of Corpus Christi Bidder: Haas -Anderson Construction Ltd. OAR: Designer: UA Engineering, Inc By its signature of all Addenda Work in accordance Bidder: Signature: Name: Title: Attest: State of Residency: Federal Tx Address for Phone: below, Bidder accepts all of the terms and conditions of the Bid Acknowledgement, acknowledges receipt to the Bid and agrees, if this Bid is accepted, to enter into a Contract with the Owner and complete the with the Contract Documents for the Bid price. Haas -Anderson Construction Ltd. (full legal name of Bidder) ! (signature of person with authority to bind the Bidder) j% 0 - /-4.. 4+► s (printed name of person signing Bid Form) President, Haas -Anderson Management LC: (title of person signing Bid Form) General Partner (signature) / o -x vk. s ID No. 7 .-/ - 2 t f 2 ?J(„ Notices: Haas -Anderson Construction Ltd j/ozfie //r AJ. c oryW, CAr.t i-,' 1xi T?`// 7 1 F.5:32.,^.9s- Email: c,l iaas p Acta r -ct H Ae r: o n . c o Bid Form - Base Bid No. 1 00 30 01 - Page 1 of 7 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A Rev 8/2019 00 30 01 BID FORM Basis of Bid ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid No. 1- HMAC Pavement Part 1A - General (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A1 Mobilization (Max. 5% of Part 1A) LS 1 $ 15,000.00 $ 15,000.00 1A2 Bonds & Insurance (Base Bid 1) AL 1 $ 41,000.00 $ 41,000.00 1A3 Traffic Control Mobilization/Adjustments LS 1 $ 100,000.00 $ 100,000.00 1A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, LPCB, etc.) MO 16 $ 2,500.00 $ 40,000.00 1A5 Message Boards for Traffic Control EA 2 $ 15,000.00 $ 30,000.00 1A6 Ozone Advisory Day DAYS 3 $ 1.10 $ 3.30 1A7 Storm Water Pollution Prevention Plan LS 1 $ 50,000.00 $ 50,000.00 1A8 Inlet Protection EA 1 $ 288.00 $ 288.00 1A9 Rock Filter Dam EA 17 $ 749.00 $ 12,733.00 1A10 Silt Fence LF 3,777 $ 5.05 $ 19,073.85 1A11 Revegetation (Hydromulch) SY 7,937 $ 1.55 $ 12,302.35 1Al2 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater AL 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART - GENERAL (Items 1A1 thru Al2) $ 325,400.50 Part 1B - STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1B1 Mobilization (Max. 5% of Part 1B) LS 1 $ 95,000.00 $ 95,000.00 1B2 Removal of Sign and Sign Support Assembly EA 6 $ 55.00 $ 330.00 1B3 Remove Existing Metal Beam Guard Rail LF 101 $ 2.40 $ 242.40 1B4 Pulverize & Recompact Existing Roadway Pavement SY 8,143 $ 1.95 $ 15,878.85 1B5 Street Excavation (1' Beyond E.O.P.) SY 11,276 $ 3.00 $ 33,828.00 1B6 Subgrade Preparation (1' Beyond E.O.P.) SY 19,419 $ 3.00 $ 58,257.00 1B7 TX -5 Geogrid (1' Beyond E.O.P.) SY 19,419 $ 4.00 $ 77,676.00 1B8 11" Type A, Grade 1-2 Crushed, Limestone Base per TxDOT Std. Spec. Item No. 247 (1' Beyond E.O.P.) SY 19,419 $ 24.00 $ 466,056.00 Bid Form - Base Bid No. 1 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A 00 30 01 - Page 2 of 12 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 169 One Course Surface Treatment Underseal SY 19,419 $ 2.20 $ 42,721.80 1B10 3" Type 'D' HMAC SY 18,295 $ 18.00 $ 329,310.00 Bid Form - Base Bid No. 1 00 30 01- Page 3 of 12 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1611 Concrete Driveway (Incl. Existing Driveway Removal) SF 9,753 $ 12.00 $ 117,036.00 1812 Pavement Markings (24" Wide, White, Type C Hear Applied, 125 mil, Preformed Thermoplastic "Stop Bar" LF 84 $ 18.00 $ 1,512.00 1613 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness — Yellow 4" Solid LF 6,968 $ 0.45 $ 3,135.60 1814 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness — Yellow 4" Broken LF 340 $ 1.15 $ 391.00 1615 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness — White 4" Solid LF 9,849 $ 0.45 $ 4,432.05 1616 TYII-A-A Raised Pavement Marker (Reflectorized) EA 107 $ 5.75 $ 615.25 1B17 TYII-B-B Raised Pavement Market (Reflectorized) EA 18 $ 12.00 $ 216.00 1618 Type 2 Object Marker with Flexible Post (OM -2Z) (FLX) EA 8 $ 110.00 $ 880.00 1819 Combo Stop Sign (R1-1) (30"x30") / Street Name Sign (Incl. Metal Pole and Foundation) EA 3 $ 836.00 $ 2,508.00 1820 Stop Sign (R1-1) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 577.00 $ 577.00 1621 All Way (R1 -3P) (18"x6') (Incl. Metal Pole and Foundation) EA 3 $ 432.00 $ 1,296.00 1622 Stop Ahead (W3-1) (30"x30") (Incl. Metal Pole and Foundation) EA 4 $ 548.00 $ 2,192.00 1823 Speed Limit Sign (R2-1) (24"x30") (Incl. Metal Pole and Foundation) EA 4 $ 548.00 $ 2,192.00 1624 Reverse Curve (W1 -4L) (30"x30") (Incl. Metal Pole and Foundation) EA 2 $ 588.00 $ 1,176.00 1625 Two Direction Large Arrow (W1 -7T) (96"x36") (Incl. Metal Pole and Foundation) EA 1 $ 1,100.00 $ 1,100.00 1626 Stop Ahead (W3-1) (30"x30") with Amber AI -500-070 School Beacon Timer Switch and Cellular Modem (Incl. Metal Pole and Foundation) EA 1 $ 10,100.00 $ 10,100.00 1627 Stop Sign (R1-1) (30"x30") with Red AI -500-070 School Beacon Timer Switch and Cellular Modem (Incl. Metal Pole and Foundation) EA 3 $ 10,100.00 $ 30,300.00 1628 Traffic Rail - Type 631LS LF 1,249 $ 61.00 $ 76,189.00 1629 Guardrail Terminal EA 8 $ 3,250.00 $ 26,000.00 1B30 Erosion Control Matting (TRM) SY 12,276 $ 19.00 $ 233,244.00 1631 Select Fill Embankment CY 4,610 $ 27.00 $ 124,470.00 1632 Articulated Concrete Block Matting (Revetment) SY 2,457 $ 110.00 $ 270,270.00 1633 Allowance for Unanticipated Street Improvements AL 1 $ 25,000.00 $ 25,000.00 Bid Form - Base Bid No. 1 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A 00 30 01 - Page 4 of 12 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT SUBTOTAL PART 1B - STREET IMPROVEMENTS (Items 1B1 thru 1633) $ 2,054,131.95 Bid Form - Base Bid No. 1 00 30 01- Page 5 of 12 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Part 1C - DRAINAGE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1C1 Mobilization (Max. 5% of Part 1C) LS 1 $ 68,000.00 $ 68,000.00 1C2 Remove 12" RCP LF 145 $ 5.20 $ 754.00 1C3 Remove 15" RCP LF 584 $ 7.35 $ 4,292.40 1C4 Remove 18" RCP LF 58 $ 8.95 $ 519.10 105 Remove 24" RCP LF 74 $ 15.00 $ 1,110.00 106 Remove 7.5'x3.5' Reinforced Concrete Box Culvert LF 114 $ 191.00 $ 21,774.00 1C7 Remove 8'x4' Reinforced Concrete Box Culvert LF 180 $ 208.00 $ 37,440.00 1C8 Remove Existing Grate Inlet EA 1 $ 476.00 $ 476.00 1C9 Remove Existing Headwall/Wingwall (Van Galen) EA 2 $ 2,340.00 $ 4,680.00 1C10 Remove Existing Headwall/Wingwall (24" RCP) EA 1 $ 476.00 $ 476.00 1C11 Remove Concrete Channel SY 336 $ 33.00 $ 11,088.00 1C12 Remove Abandoned Line at Van Galen Channel LF 61 $ 17.00 $ 1,037.00 1C13 Ditch Excavation and Regrading/Reshaping LF 7,096 $ 7.35 $ 52,155.60 1C14 18" Class III RCP LF 419 $ 84.00 $ 35,196.00 1C15 24" Class III RCP LF 40 $ 101.00 $ 4,040.00 1C16 13.5"x22" Class III Reinforced Concrete Arch Pipe LF 312 $ 154.00 $ 48,048.00 1C17 18"x28.5" Class III Reinforced Concrete Arch Pipe LF 119 $ 182.00 $ 21,658.00 1C18 24" Class IV RCP LF 95 $ 120.00 $ 11,400.00 1C19 18"x28.5" Class IV Reinforced Concrete Arch Pipe LF 112 $ 204.00 $ 22,848.00 1C20 22"x36.25" Class IV Reinforced Concrete Arch Pipe LF 47 $ 255.00 $ 11,985.00 1C21 9'x4' Reinforced Concrete Box Culvert LF 300 $ 891.00 $ 267,300.00 1C22 10'x5' Reinforced Concrete Box Culvert LF 252 $ 1,140.00 $ 287 280.00 1C23 Pipe Trench Safety LF 1,696 $ 0.50 $ 848.00 1C24 Well Pointing LF 1,696 $ 68.00 $ 115,328.00 1C25 4'x3'-6" Junction Box/Manhole EA 1 $ 5,440.00 $ 5,440.00 Bid Form - Base Bid No. 1 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A 00 30 01 - Page 6 of 12 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. ATTACHMENT NO. Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1C26 Junction Box Trench Safety EA 1 $ 0.50 $ 0.50 1C27 Headwall/Wingwalls for Van Galen Channel EA 2 $ 37,000.00 $ 74,000.00 Bid Form - Base Bid No. 1 00 30 01- Page 7 of 12 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. ATTACHMENT NO. Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1C28 Headwall/Wingwalls for Beasley Channel EA 2 $ 44,900.00 $ 89,800.00 1C29 5" Concrete Rip Rap for Van Galen Channel SF 4,368 $ 12.00 $ 52,416.00 1C30 Safety End Treatment (Type II) (3:1) (18") EA 1 $ 1,300.00 $ 1,300.00 1C31 Safety End Treatment (Type II) (6:1) (18") EA 17 $ 1,420.00 $ 24,140.00 1C32 Safety End Treatment (Type II) (3:1) (24") EA 6 $ 1,410.00 $ 8,460.00 1C33 Safety End Treatment (Type II) (6:1) (13.5"x22") EA 14 $ 1,700.00 $ 23,800.00 1C34 Safety End Treatment (Type II) (3:1) (18"x28.5") EA 2 $ 2,000.00 $ 4,000.00 1C35 Safety End Treatment (Type II) (6:1) (18"x28.5") EA 8 $ 2,410.00 $ 19,280.00 1C36 Safety End Treatment (Type II) (3:1) (22.5"x36.25") EA 2 $ 2,700.00 $ 5,400.00 1C37 Channel Excavation at Beasley Channel CY 416 $ 25.00 $ 10,400.00 1C38 Pipe Support EA 16 $ 1,580.00 A. 25,280.00 1C39 Temporary Cofferdam EA 4 $ 30,000.00 $ 120,000.00 1C40 Allowance for Unanticipated Drainage Improvements AL 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART 1C - DRAINAGE IMPROVEMENTS (1C1 THRU 1C40) $ 1,503,449.60 Part 1D - WATER IMROVEMENTS (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1D1I Mobilization (Max. 5% of Part 1D) LS 1 $ 57,000.00 $ 57,000.00 1 1D2 Remove and Salvage Existing Fire Hydrant EA 3 $ 1,560.00 $ 4,680.00 1D3 Remove Existing 2" PVC Waterline LF 9 $ 27.00 $ 243.00 1D4 Remove Existing 6" ACP Waterline LF 30 $ 36.00 $ 1,080.00 1D5 Grout Fill & Abandon Existing 12" ACP Waterline LF 5,023 $ 22.00 $ 110,506.00 1D6 Remove Water Service LF 860 $ 23.00 $ 19,780.00 1D7 Remove Water Meter EA 21 $ 519.00 $ 10,899.00 1D8 6" C900 PVC Waterline LF 42 $ 57.00 $ 2,394.00 1D9 12" C900 PVC Waterline LF 4,868 $ 77.00 $ 374,836.00 1D10 12" DIP Waterline (Class 350) LF 206 $ 352.00 $ 72,512.00 1D11 Pipe Trench Safety LF 5,116 $ 1.15 $ 5,883.40 Bid Form - Base Bid No. 1 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A 00 30 01 - Page 8 of 12 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. ATTACHMENT NO. Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1D12 Well Pointing LF 5,116 $ 35.00 $ 179,060.00 1D13 12" DI 450 Bend EA 9 $ 1,060.00 $ 9,540.00 Bid Form - Base Bid No. 1 00 30 01- Page 9 of 12 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1D14 12" DI 90° Bend EA 8 $ 1,220.00 $ 9,760.00 1D15 2" Gate Valve & Box EA 1 $ 778.00 $ 778.00 1D16 6" Gate Valve & Box EA 1 $ 1,370.00 $ 1,370.00 1D17 12" Gate Valve & Box EA 9 $ 3,170.00 $ 28,530.00 1D18 12"x6" Tee EA 1 $ 1,150.00 $ 1,150.00 1D19 Adjust 12" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 6 $ 15' 500.00 $ 93,000.00 1D20 Connect to Existing 6" ACP WL (Incl. All Required Fittings) with Omni Coupling System EA 1 $ 3,310.00 $ 3,310.00 1D21 Connect to Existing 12" ACP WL (Incl. All Required Fittings) with Omni Coupling System EA 2 $ 5,160.00 $ 10,320.00 1D22 Fire Hydrant Assembly EA 17 $ 7,260.00 $ 123,420.00 1D23 1" PE Water Service (Incl. Service Saddle, Corp Stop, PE, and Reconnection) LF 756 $ 70.00 $ 52,920.00 1D24 2"PE Water Service (Incl. Service Saddle, Corp Stop, PE, and Reconnection) LF 65 $ 95.00 $ 6,175.00 1D25 Allowance for Unanticipated Water Improvements AL 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART 1D - WATER IMPROVEMENTS (1D1 THRU D25) $ 1,189,146.40 Part 1E -WASTEWATER IMROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1E1 Mobilization (Max. 5% of Part 1E) LS 1 $ 57,000.00 $ 57,000.00 1E2 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 57 $ 208.00 $ 11,856.00 1E3 Rehab 15" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (01-10') LF 33 $ 263.00 $ 8,679.00 1E4 Rehab 18" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 798 $ 255.00 $ 203,490.00 1E5 Remove Existing 18" VCP Wastewater LF 645 $ 86.00 $ 55,470.00 1E6 Remove Existing 10" CIP Force Main LF 108 $ 71.00 $ 7,668.00 1E7 Remove Existing 12" PVC Force Main LF 40 $ 83.00 $ 3,320.00 1E8 Remove Existing 12" DI Force Main LF 130 $ 70.00 $ 9,100.00 1E9 Remove Existing 16" PVC Force Main LF 108 $ 83.00 $ 8,964.00 1E10 Remove Wastewater Service LF 127 $ 40.00 $ 5,080.00 1E11 Remove Existing 4' Manhole EA 1 $ 4,520.00 $ 4,520.00 Bid Form - Base Bid No. 1 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A 00 30 01 - Page 10 of 12 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1E12 18" SDR 26 PVC (8'-10') LF 518 $ 254.00 $ 131,572.00 1E13 18" SDR 26 PVC (10'-12') LF 135 $ 255.00 $ 34,425.00 1E14 10" DI Force Main LF 115 $ 340.00 $ 39,100.00 1E15 12" DI Force Main LF 155 $ 282.00 $ 43,710.00 1E16 16" DI Force Main LF 98 $ 444.00 $ 43,512.00 1E17 Pipe Trench Safety LF 1,021 $ 3.45 $ 3,522.45 1E18 Well Pointing LF 1,021 $ 44.00 $ 44,924.00 1E19 16" Dia. 3/8" Steel Casing (Welded) LF 85 $ 208.00 $ 17,680.00 1E20 18" Dia. 3/8" Steel Casing (Welded) LF 55 $ 284.00 $ 15,620.00 1E21 24" Dia. 3/8" Steel Casing (Welded) LF 85 $ 254.00 $ 21,590.00 1E22 10" 45° Bend EA 2 $ 1,260.00 $ 2,520.00 1E23 10" 90° Bend EA 4 $ 1,560.00 $ 6,240.00 1E24 12" 45° Bend EA 1 $ 1,510.00 $ 1,510.00 1E25 12" 90° Bend EA 4 $ 1,820.00 $ 7,280.00 1E26 16" 45° Bend EA 2 $ 2,330.00 $ 4,660.00 1E27 16" 90° Bend EA 4 $ 3,000.00 $ 12,000.00 1E28 Air Release Valve EA 3 $ 7,320.00 $ 21,960.00 1E29 4' Diameter Manhole EA 2 $ 17,500.00 $ 35,000.00 1E30 Manhole Extra Depth (> 6') VF 9 $ 1,470.00 $ 13,230.00 1E31 Manhole Trench Safety EA 2 $ 577.00 $ 1,154.00 1E32 New Wastewater Service Lateral (with C/O) Incl. Well Pointine and Trench Safety. as Needed) EA 3 $ 8,650.00 $ 25,950.00 1E33 Rehabilitate Existing Manhole with F/G Line and New 24" Ring and Cover EA 2 $ 15,900.00 $ 31,800.00 1E34 Rework of Manhole Bench and Invert EA 1 $ 1,860.00 $ 1,860.00 1E35 Adjust 10" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 3 $ 19,400.00 $ 58,200.00 1E36 Adjust 12" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 1 $ 21,100.00 $ 21,100.00 1E37 Adjust 16" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 2 $ 26,500.00 $ 53,000.00 Bid Form - Base Bid No. 1 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A 00 30 01- Page 11 of 12 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1E38 Adjust Existing Wastewater Manhole EA 5 $ 4,540.00 $ 22,700.00 1E39 Connect to Existing 10" CIP Force Main EA 2 $ 8,650.00 $ 17,300.00 1E40 Connect to Existing 12" PVC Force Main EA 2 $ 9,620.00 $ 19,240.00 1E41 Connect to Existing 16" PVC Force Main EA 2 $ 9,960.00 $ 19,920.00 1E42 Connect to Existing Wastewater Manhole EA 2 $ 5,250.00 $ 10,500.00 1E43 Connect Existing Wastewater Line to Proposed Manhole EA 2 $ 4,440.00 $ 8,880.00 1E44 Allowance for Unanticipated Wastewater Improvements AL 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 1E - WASTEWATER IMPROVEMENTS (1E1 THRU 1E44) $ 1,191,806.45 TOTAL PROJECT BASE BID NO. 1 (PARTS 1A THRU 1E) $ 6,263,934.90 Bid Form - Base Bid No. 1 00 30 01- Page 12 of 12 Laguna Shores Road - Caribbean to Hustlin' Hornet (Bond 2018) - Proj. No. 18024A Rev 8/2019 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT LAGUNA SHORES RD - MEDITERRANEAN TO WYNDALE - PROJ. NO. 18025A CONTRACT NO. 3129 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 20 0938 Laguna Mediterranean to Wyndale 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Haas -Anderson Construction, Ltd (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Laguna Shores Road — Mediterrean to Wyndale (Bond 2018) Project Number 18025A ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering, Inc. — Jeff Coym, PE — Vice President 5350 South Staples Street, Suite 425 Corpus Christi, Texas 78411 icoym@Ija.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PM — Asst. Director of Construction City of Corpus Christi - Engineering Services 4917 Holly Rd, Bldg #5 Corpus Christi, TX 78411 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 390 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 420 days after the date when the Contract Times commence to run. Agreement Segment 3 — Laguna Shores Road — Project No. 18025A 005223-1 Rev 7/2020 B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $1,400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid No. 1 $ 6,734,988.95 Agreement Segment 3 — Laguna Shores Road — Project No. 18025A 005223-2 Rev 7/2020 ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement Segment 3 — Laguna Shores Road — Project No. 18025A 005223-3 Rev 7/2020 ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement Segment 3 — Laguna Shores Road — Project No. 18025A 005223-4 Rev 7/2020 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. b. List as necessary. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response, which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement Segment 3 — Laguna Shores Road — Project No. 18025A 005223-5 Rev 7/2020 ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney AUTHORIZED ATTEST (IF CORPORATION) CONTRACTOR Haas -Anderson Construction, Ltd. (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: 1402 Holly Rd. Address Corpus Christi, TX 78417 City State Zip Phone Fax dhaas@haas-anderson.com EMail END OF SECTION Agreement Segment 3 — Laguna Shores Road — Project No. 18025A 005223-6 Rev 7/2020 00 30 01 BID FORM ADDENDUM NO. ATTACHMENT NO. Project Name: Laguna Shores Road - Mediterranean to Wyndale (Bond 2018) Project Number: 18025A Owner: City of Corpus Christi Bidder: Haas -Anderson Construction Ltd. OAR: Designer: UA Engineering, Inc By its signature of all Addenda Work in accordance Bidder: Signature: Name: Title: Attest: State of Residency: Federal Tx Address for Phone: below, Bidder accepts all of the terms and conditions of the Bid Acknowledgement, acknowledges receipt to the Bid and agrees, if this Bid is accepted, to enter into a Contract with the Owner and complete the with the Contract Documents for the Bid price. Haas -Anderson Construction Ltd. (full legal name of Bidder) (-•�(signature of person with authority to bind the Bidder) ). 4 , /ruu s (printed name of person signing Bid Form) President, Haas -Anderson Management L.C., (title of person signing Bid Form) Genera! Partner .1±Y.40-.-- (signature) /e.Yts ID No. 71 e i / z is- to Notices: Haas -Anderson Construction Ltd. �Ja //y Ai. /0,04+r c...e..s•cxr/tt�, 77t%/7 tri -' Email: d /(sc -$ Q / s -eid 4 .$Bit. cd4,‘" Bid Form - Base Bid No. 1. 00 30 01 - Page 1 of 7 Laguna Shores Road - Mediterranean to Wyndale (Bond 2018) - Proj. No. 18025A Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid No. 1- HMAC Pavement Part 1A - General (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A1 Mobilization (Max. 5% of Part 1A) LS 1 $ 8,000.00 $ 8,000.00 1A2 Bonds & Insurance (Base Bid 1) AL 1 $ 42,000.00 $ 42,000.00 1A3 Traffic Control Mobilization/Adjustments LS 1 $ 150,000.00 $ 150,000.00 1A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, LPCB, etc.) MO 13 $ 5,000.00 $ 65,000.00 1A5 Ozone Advisory Day DAYS 3 $ 1.00 $ 3.00 1A6 Storm Water Pollution Prevention Plan LS 1 $ 50,000.00 $ 50,000.00 1A7 Rock Filter Dam EA 3 $ 2,250.00 $ 6,750.00 1A8 Silt Fence LF 1,158 $ 5.05 $ 5,847.90 1A9 Revegetation (Hydromulch) SY 14,652 $ 1.55 $ 22,710.60 1A10 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater AL 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART 1A - GENERAL (Items 1A1 thru A10) $ 355,311.50 Part 1B - STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1B1 Mobilization (Max. 5% of Part 1B) LS 1 $ 102,000.00 $ 102,000.00 1B2 Removal of Sign and Sign Support Assembly EA 18 $ 55.00 $ 990.00 1B3 Remove Existing Metal Beam Guard Rail LF 38 $ 2.50 $ 95.00 1B4 Pulverize & Recompact Existing Roadway Pavement SY 1,208 $ 1.00 $ 1,208.00 1B5 Street Excavation (1' Beyond E.O.P.) SY 21,234 $ 7.00 $ 148,638.00 1B6 Subgrade Preparation (1' Beyond E.O.P.) SY 22,442 $ 2.40 $ 53,860.80 1B7 TX -5 Geogrid (1' Beyond E.O.P.) SY 22,442 $ 3.55 $ 79,669.10 1B8 8" Type A, Grade 1-2 Crushed, Limestone Base per TxDOT Std. Spec. Item No. 247 (1' Beyond E.O.P.) SY 22,442 $ 18.00 $ 403,956.00 1B9 One Course Surface Treatment Undersea) SY 22,442 $ 2.05 $ 46,006.10 1610 3" Type 'D' HMAC SY 21,195 $ 19.00 $ 402,705.00 1611 Level Up Mill (0"-1") & 1 1/2" HMAC Type D Overlay SY 11,350 $ 16.00 $ 181,600.00 Bid Form - Base Bid No. 1 Laguna Shores Road - Mediterranean to Wyndale (Bond 2018) - Proj. No. 18025A 00 30 01 - Page 2 of 8 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1612 Full Depth Pavement Repair SY 1,035 $ 94.00 $ 97,290.00 1613 Concrete Driveway (Incl. Existing Driveway Removal) SF 12,821 $ 11.00 $ 141,031.00 1614 Pavement Markings (24" Wide, White, Type C Hear Applied, 125 mil, Preformed Thermoplastic "Stop Bar" Marking Lines) LF 321 $ 14.00 $ 4,494.00 1615 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness —Yellow 4" Solid LF 2,459 $ 0.55 $ 1,352.45 1616 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 mil thickness —Yellow 4" Broken LF 940 $ 1.45 $ 1,363.00 1617 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 mil thickness — White 4" Solid LF 9,479 $ 0.50 $ 4,739.50 1618 TYII-A-A Raised Pavement Marker (Reflectorized) EA 80 $ 5.75 $ 460.00 1819 TYII-B-B Raised Pavement Market (Reflectorized) EA 15 $ 14.00 $ 210.00 1620 Type 2 Object Marker with Flexible Post (OM -2Z) (FLX) EA 6 $ 98,00 $ 588.00 1621 Combo Stop Sign (R1-1) (30"x30") / Street Name Sign (Incl. Metal Pole and Foundation) EA 25 $ 721.00 $ 18,025.00 1622 Stop Sign (R1-1) (30"x30") (Incl. Metal Pole and Foundation) EA 4 $ 588.00 $ 2,352.00 1623 All Way (R1 -3P) (18"x6') (Incl. Metal Pole and Foundation) EA 3 $ 375.00 $ 1,125.00 1624 Dead End (W14-1aR(L)) (36"x8') (Incl. Metal Pole and Foundation) EA 5 $ 404.00 $ 2,020.00 1625 Stop Ahead (W3-1) (30"x30") (Incl. Metal Pole and Foundation) EA 4 $ 490.00 $ 1,960.00 1626 Speed Limit Sign (R2-1) (24"x30") (Incl. Metal Pole and Foundation) EA 4 $ 461.00 $ 1,844.00 1627 Curve (W1 -2R) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 490.00 $ 490.00 1628 Curve (W1 -2L) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 490.00 $ 490.00 1629 Two Direction Large Arrow (W1 -7T) (96"x36") (Incl. Metal Pole and Foundation) EA 3 $ 1,100.00 $ 3,300.00 1630 Road Ends (W14 -1T) (30"x30") (Incl. Metal Pole and Foundation) EA 1 $ 490.00 $ 490.00 1B31 Dead End Barricade (Type 3) LF 20 $ 55.00 $ 1,100.00 1632 Traffic Rail - Type 631LS LF 261 $ 64.00 $ 16,704.00 1633 Guardrail Terminal EA 3 $ 3,410.00 $ 10,230.00 1634 Erosion Control Matting (TRM) SY 15,214 $ 19.00 $ 289,066.00 1635 Select Fill Embankment CY 1,594 $ 30.00 $ 47,820.00 1636 Articulated Concrete Block Matting (Revetment) SY 386 $ 138.00 $ 53,268.00 Bid Form - Base Bid No. 1 Laguna Shores Road - Mediterranean to Wyndale (Bond 2018) - Proj. No. 18025A 00 30 01 - Page 3 of 8 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1B37 Allowance for Unanticipated Street Improvements AL 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 1B - STREET IMPROVEMENTS (Items 1B1 thru 1637) $ 2,147,539.95 Part 1C - RTA IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1C1 Mobilization (Max. 5% of Part 1C) LS 1 $ 3,000.00 $ 3,000.00 1C2 Remove & Salvage Existing RTA Bench EA 1 $ 165.00 $ 165.00 1C3 Concrete Bus Pad SY 320 $ 212.00 $ 67,840.00 1C4 Concrete Landing Pad SF 240 $ 20.00 $ 4,800.00 SUBTOTAL PART 1C - RTA IMPROVEMENTS (1C1 THRU 1C4) $ 75,805.00 Part 1D - DRAINAGE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1D1 Mobilization (Max. 5% of Part 1D) LS 1 $ 92,000.00 $ 92,000.00 1D2 Remove 12" RCP LF 865 $ 5.15 $ 4,454.75 1D3 Remove 15" RCP LF 1,089 $ 7.30 $ 7,949.70 1D4 Remove 18" RCP LF 492 $ 8.85 $ 4,354.20 1D5 Remove 24" RCP LF 259 $ 15.00 $ 3,885.00 1D6 Remove Existing Concrete Junction Box EA 3 $ 474.00 $ 1,422.00 1D7 Ditch Excavation and Regrading/Reshaping LF 8,334 $ 6.40 $ 53,337.60 1D8 18" Class III RCP LF 502 $ 85.00 $ 42,670.00 1D9 24" Class III RCP LF 79 $ 102.00 $ 8,058.00 1D10 13.5"x22" Class III Reinforced Concrete Arch Pipe LF 1,113 $ 154.00 $ 171,402.00 1D11 18"x28.5" Class III Reinforced Concrete Arch Pipe LF 94 $ 170.00 $ 15,980.00 1D12 18" Class IV RCP LF 533 $ 94.00 $ 50,102.00 1D13 24" Class IV RCP LF 103 $ 117.00 $ 12,051.00 1D14 13.5"x22" Class IV Reinforced Concrete Arch Pipe LF 118 $ 187.00 $ 22,066.00 1D15 18.5"x28.5" Class IV Reinforced Concrete Arch Pipe LF 1,292 $ 171.00 $ 220,932.00 1D16 22.5"x36.25" Class IV Reinforced Concrete Arch Pipe LF 369 $ 212.00 $ 78,228.00 1D17 26.625"x43.75" Class IV Reinforced Concrete Arch Pipe LF 134 $ 288.00 $ 38,592.00 1D18 5'x2' Reinforced Concrete Box Culvert LF 69 $ 397.00 $ 27,393.00 Bid Form - Base Bid No. 1 Laguna Shores Road - Mediterranean to Wyndale (Bond 2018) - Proj. No. 18025A 00 30 01 - Page 4 of 8 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1D19 5'x3' Reinforced Concrete Box Culvert LF 27 $ 509.00 $ 13,743.00 1D20 6'x2' Reinforced Concrete Box Culvert LF 496 $ 440.00 $ 218,240.00 1D21 10'x3' Reinforced Concrete Box Culvert LF 107 $ 1,100.00 $ 117,700.00 1D22 Pipe Trench Safety LF 5,036 $ 1.10 $ 5,539.60 1D23 Well Pointing LF 5,036 $ 39.00 $ 196,404.00 1D24 3'-6"x3' Type B Manhole EA 1 $ 5,530.00 $ 5,530.00 1D25 4'x4' Type B Manhole EA 2 $ 5,450.00 $ 10,900.00 1D26 4'-6"x4' Junction Box with Grate/Frame Unit EA 1 $ 5,790.00 $ 5,790.00 1D27 4'x8'-2" Junction Box EA 3 $ 11,600.00 $ 34,800.00 1D28 4'x8'-4" Junction Box EA 1 $ 10,000.00 $ 10,000.00 1D29 4'x10' Junction Box EA 1 $ 12,100.00 $ 12,100.00 1D30 5'x8' Junction Box EA 1 $ 12,300.00 $ 12,300.00 1D31 5'-6"x8' Junction Box EA 1 $ 11,400.00 $ 11,400.00 1D32 7'x4' Junction Box EA 1 $ 12,200.00 $ 12,200.00 1D33 7'x7' Junction Box EA 1 $ 12,500.00 $ 12,500.00 1D34 7'x8'-2" Junction Box EA 1 $ 14,100.00 $ 14,100.00 1D35 7'x10' Junction Box EA 1 $ 16,200.00 $ 16,200.00 1D36 10'x8' Junction Box EA 1 $ 20,000.00 $ 20,000.00 1D37 City Standard Grate Inlet EA 2 $ 2,290.00 $ 4,580.00 1D38 Manhole/Junction Box/Grate Inlet Trench Safety EA 18 $ 77.00 $ 1,386.00 1D39 Headwall/Wingwalls for Yorktown Channel EA 2 $ 28,200.00 $ 56,400.00 1D40 Headwall for 24" RCP EA 2 $ 4,470.00 $ 8,940.00 1D41 5" Concrete Rip Rap for Yorktown Ditch SF 938 $ 16.00 $ 15,008.00 1D42 Safety End Treatment (Type 11) (3:1) (18") EA 2 $ 1,290.00 $ 2,580.00 1D43 Safety End Treatment (Type 11) (6:1) (18") EA 29 $ 1,440.00 $ 41,760.00 1D44 Safety End Treatment (Type 11) (3:1) (24") EA 5 $ 1,530.00 $ 7,650.00 1D45 Safety End Treatment (Type 11) (6:1) (24") EA 1 $ 2,060.00 $ 2,060.00 1D46 Safety End Treatment (Type 11) (3:1) (13.5"x22") EA 23 $ 1,460.00 $ 33,580.00 Bid Form - Base Bid No. 1 Laguna Shores Road - Mediterranean to Wyndale (Bond 2018) - Proj. No. 18025A 00 30 01 - Page 5 of 8 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1D47 Safety End Treatment (Type II) (6:1) (13.5"x22") EA 29 $ 1,800.00 $ 52,200.00 1D48 Safety End Treatment (Type II) (6:1) (18"x28.5") EA 6 $ 2,400.00 $ 14,400.00 1D49 Safety End Treatment (Type II) (6:1) (26.625"x43.75") EA 6 $ 7,280.00 $ 43,680.00 1D50 4" Concrete Slope Protection SF 228 $ 14.00 $ 3,192.00 1D51 Clean Out Existing 5'x3' Box Culvert LF 720 $ 100.00 $ 72,000.00 1D52 Connect Existing 18" CPP to Proposed Manhole EA 1 $ 1,650.00 $ 1,650.00 1D53 Temporary Cofferdam EA 1 $ 60,000.00 $ 60,000.00 1D54 Allowance for Unanticipated Drainage Improvements AL 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART 1D - DRAINAGE IMPROVEMENTS (1D1 THRU 1D54) $ 2,015,389.85 Part 1E - WATER IMROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1E1 Mobilization (Max. 5% of Part 1E) LS 1 $ 21,000.00 $ 21,000.00 1E2 Remove and Salvage Existing Fire Hydrant EA 5 $ 1,560.00 $ 7,800.00 1E3 Remove 4" CIP Waterline LF 80 $ 40.00 $ 3,200.00 1E4 Remove 6" CIP Waterline LF 93 $ 44.00 $ 4,092.00 1E5 Remove 12" PVC Waterline LF 29 $ 48.00 $ 1,392.00 1E6 Remove 12" DIP Waterline LF 71 $ 55.00 $ 3,905.00 1E7 4" C900 PVC Waterline LF 80 $ 98.00 $ 7,840.00 1E8 6" C900 PVC Waterline LF 93 $ 107.00 $ 9,951.00 1E9 12" C900 PVC Waterline LF 29 $ 148.00 $ 4,292.00 1E10 12" DIP Waterline (Class 350) LF 71 $ 225.00 $ 15,975.00 1E11 Pipe Trench Safety LF 273 $ 1.15 $ 313.95 1E12 6"x4" Tee EA 1 $ 853.00 $ 853.00 1E13 4" Gate Valve & Box EA 2 $ 1,250.00 $ 2,500.00 1E14 6" Gate Valve & Box EA 1 $ 1,420.00 $ 1,420.00 1E15 Adjust 6" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 4 $ 12,700.00 $ 50,800.00 1E16 Adjust 8" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 1 $ 13,600.00 $ 13,600.00 1E17 Adjust 12" Waterline (Includes 60 LF DIP Waterline and All Req'd Fittings) EA 12 $ 16,400.00 $ 196,800.00 Bid Form - Base Bid No. 1 Laguna Shores Road - Mediterranean to Wyndale (Bond 2018) - Proj. No. 18025A 00 30 01 - Page 6 of 8 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1E18 Connect to Existing 4" CIP WL (Incl. All Required Fittings) with Omni Coupling System EA 2 $ 5,580.00 $ 11,160.00 1E19 Connect to Existing 6" CIP WL (Incl. All Required Fittings) with Omni Coupling System EA 2 $ 4,860.00 $ 9,720.00 1E20 Connect to Existing 8" PVC WL (Incl. All Required Fittings) with Omni Coupling System EA 1 $ 4,980.00 $ 4,980.00 1E21 Connect to Existing 12" PVC WL (Incl. All Required Fittings) with Omni Coupling System EA 4 $ 5,340.00 $ 21,360.00 1E22 Fire Hydrant Assembly EA 5 $ 8,360.00 $ 41,800.00 1E23 Allowance for Unanticipated Water Improvements LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART 1E - WATER IMPROVEMENTS 1E1 THRU 1E21) $ 444,753.95 Part 1F -WASTEWATER IMROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1F1 Mobilization (Max. 5% of Part 1F) LS 1 $ 81,000.00 $ 81,000.00 1F2 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 2,069 $ 144.00 $ 297,936.00 1F3 Rehab 8" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10'-18') LF 246 $ 202.00 $ 49,692.00 1F4 Rehab 10" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 644 $ 205.00 $ 132,020.00 1F5 Rehab 10" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10'-18') LF 178 $ 270.00 $ 48,060.00 1F6 Rehab 15" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0'-10') LF 93 $ 329.00 $ 30,597.00 1F7 Rehab 18" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10'-18') LF 83 $ 405.00 $ 33,615.00 1F8 Remove Existing 8" VCP Wastewater LF 9 $ 75.00 $ 675.00 1F9 Remove Wastewater Service LF 250 $ 52.00 $ 13,000.00 1F10 8" C900 (DR -18) PVC (0-6') LF 36 $ 294.00 $ 10,584.00 1F11 8" C900 (DR -18) PVC (6'-8') LF 40 $ 309.00 $ 12,360.00 1F12 8" SDR 26 PVC (8'-10') LF 53 $ 295.00 $ 15,635.00 1F13 Pipe Trench Safety LF 129 $ 2.30 $ 296.70 1F14 Well Pointing LF 129 $ 46.00 $ 5,934.00 1F15 4' Diameter Manhole EA 22 $ 14,800.00 $ 325,600.00 1F16 Manhole Extra Depth (> 6') VF 40 $ 1,440.00 $ 57,600.00 1F17 Manhole Trench Safety EA 22 $ 577.00 $ 12,694.00 1F18 New Wastewater Service Lateral (with C/O) (Incl. Well Pointing and Trench Safety, as Needed) EA 12 $ 4,440.00 $ 53,280.00 Bid Form - Base Bid No. 1 Laguna Shores Road - Mediterranean to Wyndale (Bond 2018) - Proj. No. 18025A 00 30 01 - Page 7 of 8 Rev 8/2019 00 30 01 BID FORM ADDENDUM NO. 1 ATTACHMENT NO. 2 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1F19 Rehabilitate Existing Manhole with F/G Liner and New 24" Ring and Cover EA 14 $ 13,100.00 $ 183,400.00 1F20 Adjust 8" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 3 $ 19,800.00 $ 59,400.00 1F21 Adjust 12" Force Main (Includes 60 LF DIP Force Main and All Req'd Fittings) EA 3 $ 23,300.00 $ 69,900.00 1F22 Adjust Existing Wastewater Manhole EA 12 $ 4,570.00 $ 54,840.00 1F23 Connect to Existing Wastewater Manhole EA 6 $ 3,720.00 $ 22,320.00 1F24 Connect Existing Wastewater Line to Proposed Manhole EA 21 $ 4,550.00 $ 95,550.00 1F25 Reconnect Existing Wastewater Service EA 2 $ 2,600.00 $ 5,200.00 1F26 Allowance for Unanticipated Wastewater Improvements LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 1F - WASTEWATER IMPROVEMENTS (1F1 THRU 1F26) $ 1,696,188.70 TOTAL PROJECT BASE BID NO. 1 (PARTS 1A THRU 1F) $ 6,734,988.95 Bid Form - Base Bid No. 1 00 30 01 - Page 8 of 8 Laguna Shores Road - Mediterranean to Wyndale (Bond 2018) - Proj. No. 18025A Rev 8/2019 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 16, 2019 DATE: TO: July 2, 2019 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 City Council Policy 28 Award Guidelines for Arterial and Collector Streets Concrete or Asphalt Pavement CAPTION: 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. PURPOSE: To establish a City Council policy that confirms recommendation guidelines when determining type of pavement covering to be awarded on an arterial or collector roadway. BACKGROUND AND FINDINGS: 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. 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. 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. In early 2017, at the request of the City Council, Engineering Services' staff performed life cycle cost analysis (LCCA) comparing a proposed PCC maintenance plan with the City's Project No.: N/A 1 MVV/LH Legistar No.: 19-0956 Rev. 3 — 0702/19 existing HMAC maintenance plan. The results of that LCCA validated the belief that PCC offered reduced maintenance costs over HMAC. 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 believed FNI's analysis warranted raising the $100,000 per lane mile used in the current staff bid award recommendation policy. 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 City Council adopt a policy that states, "The concrete pavement will be used if cost for concrete pavement is not more than $125,000 per lane mile ($17.75/square yard) of the asphalt pavement alternative." ALTERNATIVES: 1. Approve City Council Policy 28 - Award Guidelines for Arterial or Collector Streets. (Recommended) 2. Do not approve City Council Policy 28 - Award Guidelines for Arterial or Collector Streets (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for City Council Policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item Future Anticipated Expenditures This Project BALANCE Fund(s): N/A Project No.: N/A Legistar No.: 19-0956 2 MVV/LH Rev. 3 — 0702/19 COMMENTS: N/A RECOMMENDATION: Staff recommends approval to add City Council Policy 28 - Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Pavement specifying concrete pavement will be recommended if construction cost is not more than $125,000 per lane mile of the asphalt pavement alternative. LIST OF SUPPORTING DOCUMENTS: CAARs Memo dated April 22, 2019 Presentation Resolution Project No.: N/A 3 MVV/LH Legistar No.: 19-0956 Rev. 3 — 0702/19 AGENDA MEMORANDUM Action Item for the City Council Meeting September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM: Eyvon McHaney, Director of Human Resources eyvonmc@cctexas.com (361) 826-3315 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Service Agreement for Stop Loss Insurance CAPTION: Motion authorizing an amendment to the Service Agreement with Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, to add stop Toss coverage for the City's self-funded employee health benefits, beginning October 1, 2020 to September 30, 2021, with the option to renew for two additional one-year terms; in the estimated amount $2,370,060.00 for the first year and a potential expenditure of an estimated $8,320,231.00 if both option years are exercised, with funding requested in the FY 2021 Proposed Budget in an estimated amount of $2,370,060.00 through the Fire, Police and Citicare Employee Health Funds. SUMMARY: This motion authorizes an addition to the current agreement with BlueCross BlueShield of Texas to provide stop loss insurance Stop loss coverage is reinsurance for the City's health plans in order to mitigate the City's claims risk. The actual cost is based on annual claims. BACKGROUND AND FINDINGS: Stop loss coverage is reinsurance for the City's health plans, which under the Affordable Care Act hold unlimited claims liability. Once the City has paid $250,000.00 for a claimant in one plan year, the stop loss insurance begins reimbursing the City for expenses over that amount for that claimant. This benefit is for City employees, including both Fire and Police labor groups. The contract value based on the proposal submission is estimated at $2,370,060.00, for October 1, 2020 — September 30, 2021, based on the average number of lives in the plan, this can vary. Due to the uncertainty of average number of lives in the plan through the year, the City would like to secure an amount not to exceed $8,320,291.00 for the three-year contract. The actual cost is based on annual claims; therefore, the City is estimating a 15% annual increase established from previous history of this type of coverage. The current contract for stop loss insurance is with Stealth Benefit Solutions, LLC, dba Stealth Partner Group and Sun Life Assurance Company of Canada, whom was one of the two firms considered for evaluation. This is a one-year contract that is expiring September 30, 2020. A Request for Proposal was issued to start the process for a new contract. The City received two proposals. The evaluations of the proposals began by the City's evaluation committee and health benefits consultant. The evaluation committee was comprised of four members, with representation from Fire, Police and Human Resources. The City considered both firms as finalist, and no interviews were conducted. The proposals were evaluated, and final scores were tabulated for each firm to determine the highest-ranking firm offering the best value to the City for stop loss coverage. Staff is recommending BlueCross BlueShield of Texas for award of the stop loss coverage. BlueCross Blue Shield of Texas proposed at 8.15% below current provider, with projected reduction in cost of $200,863.00 in comparison to a 26.25% above current cost. Staff is recommending BlueCross BlueShield of Texas for award of the stop loss coverage. The estimated first year cost savings from selecting BlueCross BlueShield of Texas over the current provider is $883,691.00 ALTERNATIVES: The City may choose to not purchase Stop Loss Coverage and retain the unlimited claims risk for the health plans. FISCAL IMPACT: There will be no fiscal impact for the Human Resources Department in FY 2020 for this agreement. The funding has been requested in the FY 2021 Proposed Budget through the Fire, Police and Citicare Employee Health Funds for the estimated value of $2,500,000.00 for the first year of this contract. Health plan enrollment may alter the total cost. Funding Detail: Fund: 5608 EmpHth Fire Organization/Activity 40602 Mission Element 213 Develop and manage health and benefits program Project # (CIP Only) N/A Accounts: 537385 Stop Loss Premium -Active 537386 Stop Loss Premium -Retiree Fund: 5608 EmpHth Police Organization/Activity 40606 Mission Element 213 Project # (CIP Only) N/A Develop and manage health and benefits program Accounts: 537385 Stop Loss Premium -Active 537386 Stop Loss Premium -Retiree Fund: 5609 EmpHth Police Organization/Activity 40605 Mission Element 213 Develop and manage health and benefits program Project # (CIP Only) N/A Accounts: 537385 Stop Loss Premium -Active 537386 Stop Loss Premium -Retiree Fund: 5610 EmpHth Citicare Organization/Activity 40600 Mission Element 213 Develop and manage health and benefits program Project # (CIP Only) N/A Accounts: 537385 Stop Loss Premium -Active 537386 Stop Loss Premium -Retiree Fund: 5610 EmpHth Citicare Organization/Activity 40601 Mission Element 213 Develop and manage health and benefits program Project # (CIP Only) N/A Accounts: 537385 Stop Loss Premium -Active 537386 Stop Loss Premium -Retiree RECOMMENDATION: Staff recommends approval of this motion authorizing an updated ASO -BPA with BlueCross BlueShield of Texas for stop loss insurance as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement Presentation RFP No.3150 - Stop Loss Insurance Services BUYER NAME: Maria Pedraza Proposal Evaluation BlueCross Blue Shield of Texas stHealth Benefit Solutions, LLC, dba Stealth Partner Group Minimum Qualifications Required 3 years in Business Passed Passed AM Best or Equivanlent Agenh Rating of A- pr higher No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal Technical Proposal (50 points) 46 33 Financial Stability (15 points) Financial Stability (Standard and Poor's, Moody's or equivalent Claims Processing (25 points) Turnaround time excluding medical review of claims Geneal service procedures Dedicated service team Past Performance (10 points) Active and terminated reference Past relationships with client Recognitions Reputation of Proposer Pricing Pricing (50 points) 50 36 Total 96 69 RFP Evaluation -Stop Loss Insurance Current Provider Stealth Benefit Solutions, LLC. dba Stealth Partner Group • Proposed +26.25% premium increase $674,287. Recommendation • Committee Recommendation: BlueCross Blue Shield of Texas Evaluation Criteria Price Financial Stability Claims Processing Past Performance Total Score Estimated Premiums — Year 1 Difference in Cost Percentage Difference Points BlueCross Blue Shield (Staff Recommendation) Ranking — 1 50 15 25 10 100 50 14 24 8 96 $2,359,368 Estimated first year cost savings from selecting BlueCross BlueShield over Current Provider $883,691 Stealth Benefit Solutions, LLC, dba Stealth Partner Group Ranking - 2 36 11 14 8 69 $3,243,059 +$883,691 +26.25% Slide 1 MP1 Maria Pedraza, 8/20/2020 AGENDA MEMORANDUM Action Item for the City Council Meeting September 15, 2020 DATE: September 15, 2020 TO: Peter Zanoni, City Manager FROM: Eyvon McHaney, Director of Human Resources eyvonmc@cctexas.com (361) 826-3315 Kim Baker, Director of Contracts and Procurement Kim B2(a�cctexas.com (361) 826-3169 Service Agreement for Health Benefits for HSA, FSA, DCA and COBRA Administrative Services CAPTION: Motion authorizing a three-year service agreement, with two one-year options, for Health Savings Account (HSA), Flexible Spending Account (FSA), Dependent Care Account (DCA) and Consolidated Omnibus Budget Reconciliation Act (COBRA) administrative services for the City's employees, beginning October 1, 2020 to September 30, 2023, with OptumHealth Financial Services, Inc., in an estimated amount of $78,600.00 for an estimated cost of $26,200.00 for the first year and a potential expenditure in an estimated amount of $131,000.00 if option years are exercised, with funding requested in the FY 2021 Proposed Budget in an estimated amount of $26,200.00 through the Fire, Police and Citicare Employee Health Funds and other Employee Benefits Fund. SUMMARY: This motion authorizes a three-year service agreement, with two one-year options, with OptumHealth Financial Services, Inc., to provide HSA, FSA, DCA and COBRA administrative services. The actual cost is based on employee participation. BACKGROUND AND FINDINGS: Section 125 Plans refer to written plans offered under the Internal Revenue Code Section 125, which allows pretax deduction of health insurance and other benefit plan premiums as well as pre-tax deductions for funding HSA, FSA and DCA accounts to use for eligible medical or dependent care expenses for themselves and their family. These plans, more commonly known as Cafeteria Plans, not only reduce employees' tax burden but also save employers money by eliminating employer -required matching of Social Security and Medicare taxes on the City's share of these pre-tax deductions. COBRA is a law that was passed by Congress in 1985 as a means for individuals to continue health insurance coverage for a period of time after losing group coverage due to termination of employment. Compliance with this law requires coverage offers be made with strict timing, and the coverage must continue to be offered for a varying number of months, depending on the reason for termination of active coverage. While premiums are paid by the participants that elect to continue coverage, Optum will charge the City administrative fees of $16 to process the initial offer and enrollments plus $5 per month to bill, collect COBRA premiums, and to remit those funds back to the City. These four benefits are offered to all City employees, including both Fire and Police labor groups. The three-year contract value based on the proposal submission is estimated at $78,000 for 10/1/2020 — 9/30/2021, but fees are assessed on active participation, so costs may vary based on plan enrollment. The COBRA fees are discussed in the paragraph above. FSA fees are $2.85 PEPM with a one-time fee of $475.00 to write and file the Section 125 plan with the IRS. HSA fees are $1.00 PEPM for only those accounts with less than a $500 balance. The City currently uses multiple vendors to support these services for its employees. ASI provides the FSA and DCA account services, Optum provides the HSA account services, and BCBS provides Cobra Administrative services for the City. Staff's recommendation is that it is in the City's best interest to consolidate these services with a single provider. A Request for Proposal No. 3151 was issued to start the process for a new contract to combine the administrative services for the four benefit services. The City received seven proposals and evaluations of the proposals began by the City's evaluation committee and health benefits consultant. The evaluation committee was comprised of five members, with representation from Fire, Police and Human Resources. Finalists were narrowed to OptumHealth Financial Services, Inc. and BlueCross Blue Shield based on past service and price competitiveness. The scoring for the two vendors was very similar. A final consideration underlying the recommendation of Optum is that they are the current HSA provider and these accounts are employee -directed. The best option would be to consolidate services with Optum so there is no disruption for the current HSA participants. ALTERNATIVES: The City may choose to not offer the plans or to administer the plan in-house. Not offering the plan would increase the City's tax burden because all health premiums would become subject to FICA matching. COBRA can also be administered in house; however, administration of these plans is quite complex and would subject the City to risk of substantial fines. In-house administration would require at least one additional FTE with expert knowledge in allowable costs and COBRA administration in order to be able to accommodate the quantity and complexity of work. FISCAL IMPACT: There will be no fiscal impact for the Human Resources Department in FY 2020 for this agreement. The funding has been requested in the FY 2021 Proposed Budget through the Fire, Police, Citicare, and Other Employee Benefit Funds for the estimated value of $26,200.00 for the first year of this contract. Enrollment may alter the total cost. The remaining cost of $104,800.00 will be funded in future years through the annual budget process. Funding Detail: Fund: 5608 EmpHth Fire Organization/Activity 40602 Mission Element 213 Develop and manage health and benefits program Project # (CIP Only) N/A Accounts: 537200 Third Party Admin Fees Fund: 5608 EmpHth Fire Organization/Activity 40606 Mission Element 213 Develop and manage health and benefits program Project # (CIP Only) N/A Accounts: 537200 Third Party Admin Fees Fund: 5609 EmpHth Police Organization/Activity 40605 Mission Element 213 Develop and manage health and benefits program Project # (CIP Only) N/A Accounts: 537200 Third Party Admin Fees Fund: 5610 EmpHth Citicare Organization/Activity 40600 Mission Element 213 Develop and manage health and benefits program Project # (CIP Only) N/A Accounts: 537200 Third Party Admin Fees Fund: 5610 EmpHth Citicare Organization/Activity 40601 Mission Element 213 Develop and manage health and benefits program Project # (CIP Only) N/A Accounts: 537200 Third Party Admin Fees Fund: 5614 Other Employee Benefits Organization/Activity 40604 Mission Element 213 Develop and manage health and benefits program Project # (CIP Only) N/A Accounts: 537200 Third Party Admin Fees RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement, with OptumHealth Financial Services, Inc., for HSA, FSA, DCA and COBRA administrative services as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Presentation RFP No. 3151 - HSA, FSA, DCA, COBRA Administration Services BUYER NAME: Maria Pedraza Proposal Evaluation Minimum Qualifications Optum BCBS ASI TASC Ameriflex NWGS PSB Required 3 years in Business Pass Pass Pass Pass Pass Pass Pass Financially sound and maintain regulatory compliance No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal Technical Proposal (50 points) 45 34 35 27 28 16 20 Financial Stability (15 points) Financial Stability (Standard and Poor's, Moody's or equivalent) Claims Processing (25 points) Turnaround time excluding claims that require more or missing documentation for review General service procedures Dedicated service team Past Performance (10 points) Active and terminated reference Past relationships with client Recognitions / Reputation of Proposer Pricing Cost (50 points) 39 50 41 43 33 26 19 Total 84 84 76 70 61 42 39 ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement ("Agreement") between OptumHealth Financial Services, Inc. ("Optum") and City of Corpus Christi ("Customer") is effective as of January 1, 2021 ("Effective Date"). This Agreement covers the services Optum is providing to Customer, either directly or in conjunction with one of Optum's affiliates. For services provided on or after its Effective Date, this Agreement supersedes and replaces any existing agreements between the parties relating to the same subject matter. 1. Definitions When these terms are capitalized in the Agreement they have the meanings set forth below. Defined terms may be used in the singular or plural. Employee: A current or former employee of Customer or an affiliated employer. Participant: Employee or dependent who is covered by the Plan. PHI: Any information Optum receives or provides on behalf of the Plan which is considered Protected Health Information as the term is defined in the privacy regulations of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, "HIPAA") and American Recovery and Reinvestment Act ("ARRA"), as each is amended from time to time. Plan: The provisions of the plan of employee benefits to which this Agreement applies. Plan Administrator: The current or succeeding person, committee, partnership, or other entity designated by the terms of the instrument under which the Plan is operated who is responsible for the Plan's operation. Plan Document(s): Means documents provided to Participants that are prepared or provided by the Plan Administrator that describe either: the Services covered by this Agreement; eligibility requirements for participation and benefits offered under the Plan; or any other similar information. Examples of Plan Documents include but are not limited to the following: Summary Plan Description, evidence or certificate of coverage, description of Services or a trust agreement. Services: Means collectively, the products and services Optum provides and performs pursuant to this Agreement as set forth in Exhibit A attached hereto. Tax or Taxes: A charge imposed, assessed or levied by any federal, state, local or other governmental entity. 2. Benefit Plan 2.1. Responsibility for the Plan, Plan Assets and Payment of Plan Benefits. Optum is not the Plan Administrator of the Plan. Any references in this Agreement, or elsewhere, to Optum "administering the Plan" are descriptive only and do not confer upon Optum anything beyond certain agreed upon administrative duties. Customer has the sole responsibility for all obligations of the Plan, the Plan Sponsor, and the Plan Administrator under ERISA and any other applicable laws and regulations, including but not limited to benefit design and preparation, distribution of Plan Documents, content and regulatory compliance of the Plan Documents. Customer shall have absolute authority with respect to any Plan assets, and Optum shall neither have discretion, nor be deemed to exercise any discretion, control or authority with respect to the disposition of any 1 Plan assets. Customer agrees that it is responsible for making determinations on all appeals. Customer shall document and notify Optum of each such decision. Optum does not insure or underwrite the Benefit Plan liability of Plan Administrator and is not financially responsible for the payment of amounts payable under the terms and conditions of the applicable Plan, and as stated in the applicable summary plan description or expenses incident to the Plan(s) (together "Plan Benefits"). It is understood and agreed that the Plan Administrator is responsible for funding Plan Benefits under the Plan and that Optum shall not have any duty to use any of its funds for the payment of such Plan Benefits. Optum will have no obligation to arrange for payment of Plan Benefits under the Plan if the Plan Administrator has not made the requisite funds available to Optum in accordance with this Agreement. Optum has no duty or obligation to defend any legal action or proceeding brought to recover benefits under the Benefit Plans; however, Optum will provide to Plan Administrator or its legal counsel, upon request and subject to any limitations described in this Agreement or applicable law, any documentation in Optum's possession that may relate to such claim for benefits and/or expenses. 2.2. Plan Consistent with the Agreement. Customer represents that Plan Documents are consistent with this Agreement. Customer will provide Optum with copies of Plan Documents or any communications describing Plan Documents prior to distributing these materials to Participants or third parties. Customer will amend Plan Documents or communications related thereto if Optum reasonably determines that references to Optum are not accurate, or a Plan provision is not consistent with this Agreement or the Services. Customer shall be responsible for printing, maintaining a supply of and distributing to Participants, within a reasonable period of time before coverage begins, the Plan Documents and all other information and forms necessary for Participants' enrollment and continued eligibility for Services under the Plan. 2.3. Plan Changes. Customer will provide Optum with notice of any changes to the Plan and/or Plan Documents within a reasonable period of time prior to the effective date of the change to allow Optum to determine if the change will impact the Services. Optum will notify Customer if: (i) the change increases Optum's cost of providing Services which would result in an increase in fees; or if in Optum's reasonable discretion it is unable to implement or administer the change. If the parties cannot agree to a new fee within thirty (30) days of the notice of the new fee, or if Optum notifies Customer that Optum is unable to reasonably implement or administer the change, Optum shall have no obligation to implement or administer the change, and Customer may terminate this Agreement upon sixty (60) days written notice. 2.4. Affiliated Employers. Customer represents that together, Customer and any of Customer's affiliates covered under the Plan make up a single "controlled group" as defined by ERISA. Upon request by Optum, Customer agrees to provide Optum with a list of Customer's affiliates covered under the Plan. 3. Customer Responsibilities 3.1. Information Customer Provides to Optum. Customer, either directly or indirectly through its benefits broker or other third -party agent(s) (each such benefits broker or agent an "Agent"), will provide Optum a complete and accurate list of all Participants in a timely manner. Customer will notify Optum of any Participant changes as soon as reasonably possible. Optum will accept eligibility data from Customer in a frequency and format mutually agreed upon by the parties. Deviations in format or frequency may result in additional fees to Customer. Customer agrees 2 that it will not provide Optum eligibility data until after this Agreement along with the Business Associate Addendum attached hereto and incorporated herein by reference are active and in effect. Optum will be entitled to rely on the most current information in Optum's possession regarding eligibility of Participants when providing Services under this Agreement. Optum will not be required to make retroactive eligibility changes, process or reprocess claims, but if Optum agrees to do so, additional fees may apply. Customer will provide Optum with any additional information reasonably requested by Optum. 3.2. Reliance on Data. Optum is not liable for any acts or omissions it makes in reliance on the direction or consent from an authorized representative or other Agent of Customer. Optum is not responsible or liable for any acts or omissions made in reliance on erroneous data provided by Customer or Agents, or the failure of Customer to perform its obligations under this Agreement. Customer understands that Optum cannot timely or accurately perform its duties under this Agreement without complete, accurate, and timely information and that Optum shall have no liability to Customer or any Participant as a consequence of incomplete, inaccurate, or untimely information provided to Optum by Customer or its Agents. Customer understands that an additional fee, and/or a recalculation of performance standards may be required if Optum is required to take corrective action as a result of such incomplete, inaccurate, or untimely information. Prior to the change of any fee, said fee must be negotiated and agreed to by Customer. 3.3. Authorizations, Data Integrity, and Disclosures. Customer is responsible for obtaining, prior to furnishing any data or information to Optum (either directly or indirectly through an Agent), any necessary permissions, consents, or releases, including entering into business associate agreements if required by applicable federal, state or local laws and/or regulations, to allow Customer to deliver Customer data to Optum and to allow Optum to use and disclose Customer data or Records (as defined in Section 8.1 below) as set forth under this Agreement or required by law, including without limitation, providing Customer data or Records to Customer's Agents. Optum shall not be responsible or liable for (a) errors in Customer data or data entry done by Customer or its Agents, or (b) errors in services, programs, hardware, data files, or output Optum provides to or maintains for Customer pursuant to this Agreement, if the Optum errors resulted from errors in Customer's or Customer's Agents' input data, or from Customer's failure to comply with this Agreement. During and after the Term of this Agreement, Optum may use, reproduce, transfer and combine Customer data and any derivatives of that data for preparing commercially available normative and benchmark data and databases, and for internal and external research and analysis purposes. 3.4. Use of Optum Systems; System Protection. If Customer or its Agents use or access any information or communication systems owned or operated by Optum or an affiliate or subcontractor of Optum ("Optum Systems"), Customer agrees (and shall require its Agents to agree) to access or use Optum Systems only as authorized in this Agreement. Customer and its Agents shall comply with all security controls, policies, standards and guidelines applicable to Optum Systems, which are disclosed as part of implementation, log -in or otherwise. Neither Customer nor its Agents shall (i) knowingly introduce any virus or disabling code into the Optum Systems; (ii) attempt to access any portions of the Optum System that are not required for Customer's performance under this Agreement; or (iii) attempt to circumvent or bypass Optum's security systems or procedures with respect to the Optum Systems. Optum retains sole discretion to terminate any user's access to Optum Systems. 3 3.5. Notices to Participants. In the event this Agreement terminates, Customer will notify all Participants that the Services Optum is providing under this Agreement are discontinued. 3.6. Providing Funds for Benefits. Customer is solely responsible for providing funds for payment for all Plan benefits payable to Participants. Optum is not responsible for providing funds for Plan benefits even if Optum or an affiliate of Optum provides stop loss insurance to Customer. Customer shall comply with any regulatory obligations, including prompt pay requirements, as applicable. 3.7. Escheat. Customer is solely responsible for complying with all applicable abandoned property or escheat laws, making any required payments, and filing any required reports. 4. Services 4.1. Administrative Services. Optum will provide the administrative services described in Exhibit A. 4.2. Customer Reporting Services. Optum will provide standard summaries of program activities to Customer as part of the Services. Optum reserves the right, from time to time, to change the content, format and/or type of its reports. Ad-hoc and non-standard reporting shall be mutually agreed upon by the parties and may be subject to additional fees. 5. Service Fees 5.1. Service Fees. Customer will pay Optum fees for the Services as set forth in Exhibit A of this Agreement. In addition to the Service fees specified in Exhibit A, Customer must also pay Optum any additional fee that is authorized by a provision elsewhere in this Agreement or is otherwise agreed to by the parties. If Customer delegates payment of Services fees to an Agent, it remains Customer's obligation to pay Optum, and payment to an Agent will not relieve Customer of that obligation in the event an Agent fails to pay Optum or a payment is untimely. FSA Fees are payable for the entire plan year, regardless of an Employee's employment status. For example, if an employee opens an account (Jan -Dec), but their employment is terminated with Customer, Customer shall continue to pay Optum the fee for that Employee for the remainder of the plan year. 5.2. Changes in Service Fees. Optum reserves the right to change the Service fees set forth in any Fee Schedule upon sixty (60) days prior written notice of revised Service fees. Service fee changes will be effective at the end of the notice period. If applicable, Optum will provide Customer with a new Exhibit A reflecting the revised Service fees that will replace the existing Exhibit A. If Customer objects to a change in Service fees, Customer may terminate this Agreement by providing written notice to Optum within ninety (90) days after Customer receives written notice of the new fees. Customer must still pay any amounts due for the periods during which the Agreement is in effect and during post -termination transition services. 5.3. Payments. Optum will bill Customer on a monthly basis for the actual or estimated fees Customer owes to Optum. In these cases, the amounts owed are due and payable on the due date shown on the bill. 5.4. Penalties. Payment will be made timely in accordance with the Texas Prompt Payment Act. Failure to make timely payments will be subject to interest in accordance with the Texas Prompt Payment Act. 4 5.5. Reconciliation. Optum may periodically reconcile the total amounts Customer has paid Optum with the total amounts Customer owes Optum. If the reconciliation indicates that Optum owes Customer money, Customer's next payment will be credited. If the reconciliation indicates that Customer owes Optum money, Optum will invoice Customer for the amount due. All adjustments to over and under payments, except when arising from misrepresentation or fraud by the other party, must be reconciled no later than 180 days after the month in question and any reconciliation greater than 180 days shall be deemed waived. Any such variances occurring during the last four months of the Term will be reconciled within 180 days after the Agreement's termination. 6. Term of the Agreement 6.1. Term. This Agreement will commence on the Effective Date and continue for a 36 month period ("Initial Term"). The Agreement will auto -renew after the Initial Term for additional one (1) year periods (each such renewal, a "Renewal Term") unless and until this Agreement is terminated. The Initial Term and each subsequent Renewal Term are referred to herein as (the "Term"). 6.2. Services End. Services under this Agreement stop on the date this Agreement terminates, regardless of the date claims are incurred. If Optum agrees to continue providing certain services beyond the termination date, those services will be governed by the terms of this Agreement. 7. Termination 7.1. Termination Events. This Agreement will terminate under the following circumstances: (i) the Plan terminates; (ii) either party gives the other party at least ninety (90) days prior written notice; (iii) Optum gives Customer notice of termination because Customer did not pay the fees or other amounts Customer owed Optum when due under the terms of this Agreement; (iv) Customer fails to provide the required funds for payment of claims under the terms of this Agreement; (v) a party elects to terminate because the other party is in material breach of this Agreement, other than by non-payment or late payment of fees owed by Customer or the failure to provide sufficient funds with which to pay claims, and does not correct the breach within thirty (30) days after being notified in writing; (vi) any state or other jurisdiction prohibits a party from administering the Plan under the terms of this Agreement, or imposes a penalty on the Plan or Optum and such penalty is based on the Services specified in this Agreement, or (vii) as otherwise specified in this Agreement. In a Section 7.1(vi) event, the impacted party may immediately discontinue the Agreement's application in such state or jurisdiction and the Agreement will continue to apply in all other states or jurisdictions or terminate the entire agreement. In all circumstances, notice shall be given to the other party when reasonably practical. 7.2. Post -Termination Transition Services. When the Agreement is terminated Customer and Optum may mutually agree upon any transition services required and fees to Optum for such transition services. 8. Records, Information, Audits 8.1. Records. Optum will keep records relating to the Services provided under this Agreement ("Records") for the later of Optum's record retention policy or requirements under applicable law. 8.2. Access to Records. If Customer needs Records in order to administer the Plan, Optum will provide Customer access to those Records, if (a) it is legally permissible, (b) the Records relate to Services 5 under this Agreement, and (c) Customer gives Optum reasonable advance notice and an explanation of the need for such Records. Optum will provide Records to Customer, only while this Agreement is in effect and for a period of six (6) months after the Agreement terminates, unless Customer demonstrates that the Records requested are required by law or for Plan administration purposes in which case such Records will continue to be available until the later of Optum's record retention policy or requirements under applicable law. Upon request by Customer, Optum will provide reasonable access to Records to an entity providing Plan administrative services to Customer other than an entity providing audit services, which will be governed by Section 8.3. 8.3. Audits. During the term of the Agreement, and at any time within six (6) months following its termination, Customer or a mutually agreeable independent auditor may audit Optum Records once each calendar year. Customer must provide sixty (60) days prior written notice to Optum of Customer's intent to audit. The scope, place, time, duration, and frequency of each audit must be reasonable and agreed to by Optum. All auditors shall agree to sign confidentiality agreements prior to conducting such audits. Audits will be limited to Records relating to the calendar year in which the audit is conducted, and/or the immediately preceding calendar year and be performed during normal business hours in accordance with generally accepted auditing procedures. In addition to Customer's expenses and any applicable fees, Customer will also pay any extraordinary expenses Optum incurs in connection with the audit. For any audit initiated after this Agreement is terminated, Customer will pay all expenses incurred by Optum. Customer will provide Optum with a copy of all audit reports within ten (10) days after Customer receives the audit report(s) from the auditor. 8.4. Confidential Information. Each party acknowledges that in the course of performing under this Agreement, or in the course of discussing or negotiating this Agreement it may learn confidential, trade secret, or proprietary information concerning the other party or third parties to whom the other party has an obligation of confidentiality ("Confidential Information"). Without limiting the foregoing, Optum's Confidential Information shall include, without limitation, the terms of this Agreement, financial information, employee information, information regarding products, marketing plans, business plans, customer names and lists, software and associated algorithms, developments, improvements, know-how, code (object and source), programs, software architecture, technology and trade secrets, reports generated by or for Optum, Optum's methods of database creation, and Optum's translation, standardization, enhancement, and health data analysis techniques, health data reporting and profiling methods and formats. Without limiting the foregoing, Customer's Confidential Information shall include information regarding Customer's business, and information regarding Customer's premiums and claims data. Confidential Information shall not include PHI, which is subject to the Business Associate Addendum attached hereto. This provision shall survive the termination of this Agreement. Each party agrees that: (a) it will use the other party's Confidential Information only as may be necessary in the course of performing duties, receiving services or exercising rights under this Agreement; (b) it will treat such information as confidential and proprietary; (c) it will not disclose such information orally or in writing to any third party without the prior written consent of the other party; and (d) it will not otherwise appropriate such information to its own use or to the use of any other person or entity. Without limiting the foregoing, each party agrees to take at least such precautions to protect the other party's Confidential Information as it takes to protect its own Confidential Information. Each party is solely responsible for all use of the other party's Confidential Information by anyone who gains access to the Confidential Information under such party's authorization. Upon termination or expiration (without renewal) of this Agreement, each party will return to the other party, or certify as destroyed, all tangible items containing any of 6 the other party's Confidential Information that are held by that party or its employees, agents or contractors, other than one archival copy. Each party agrees to notify the other party if it becomes aware of any unauthorized use or disclosure of the other party's Confidential Information. If either party believes it is required by law or by a subpoena or court order to disclose any of the other party's Confidential Information, it shall, if legally permissible, promptly notify the other party and shall make all reasonable efforts to allow the other party an opportunity to seek a protective order or other judicial relief prior to any disclosure. Nothing in this Agreement shall be construed to restrict disclosure or use of information that was in the possession of or rightfully known by the recipient, without an obligation to maintain its confidentiality, prior to receipt from the other party; is or becomes generally known to the public without violation of this Agreement; is obtained by the recipient in good faith from a third party having the right to disclose it without an obligation of confidentiality; or is independently developed by the receiving party without reference to the other party's Confidential Information. The Parties acknowledge that the Customer is a Texas governmental entity subject to the Texas Public Information Act (the "Act"). Nothing in this Agreement shall be construed to prohibit the Customer from complying with the Act and compliance with the Act shall not be considered a violation or breach of this Agreement. Should Customer receive a request for disclosure of Confidential Information pursuant to the Act, Customer will promptly provide Optum notice of such request so that Optum may avail itself of any opportunities to establish reasons why the information should be withheld prior to disclosing such Confidential Information. The burden of establishing the applicability of exceptions to the disclosure of Information under the Act resides with Optum. Should Optum be unable to establish a valid exception from disclosure or exclusion from the Act, then Customer may release the information, solely to the extent necessary to comply with the Act. 8.5. PHI. The parties agree will comply with all applicable requirements set forth in HIPAA and ARRA. The parties' obligations with respect to the use and disclosure of PHI are outlined in the Business Associate Addendum attached to this Agreement and incorporated herein by reference as Exhibit B. 9. Indemnification 9.1. Indemnification by Optum. Optum will indemnify Customer and hold Customer, its officers, directors, employees, agents, successors and assigns harmless from and against any and all losses, liabilities, penalties, fines, costs, damages (including Taxes), and related costs and expenses, that Customer may incur, including reasonable attorneys' fees and costs (collectively "Losses"), arising as a result of a third party claim to the extent such Losses are directly caused by: (i) the gross negligence or willful misconduct of Optum or its vendors, subcontractors, and representatives in the performance of their obligations under this Agreement; or (ii) Optum's material breach of this Agreement. Notwithstanding the foregoing, Customer will remain solely responsible for payment of all Plan benefits and Optum's indemnification will not extend to indemnification of Customer or the Plan against any claims, liabilities, damages, judgments or expenses that constitute payment of Plan benefits. 9.2. Indemnification by Customer. To the extent authorized under the Constitution and laws of the State of Texas or otherwise permitted by applicable law, Customer will indemnify, Optum and hold Optum, its officers, directors, employees, agents, successors and assigns harmless from and against any and all Losses which arise out of or related to: (i) the gross negligence or willful misconduct of Customer or Customer's vendors, subcontractors, and representatives in the 7 performance of their obligations under this Agreement; or (ii) Customer's material breach of this Agreement 9.3. LIABILITY. EACH PARTIES' AGGREGATE LIABILITY TO EACH OTHER IN ACTIONS BETWEEN THE PARTIES BROUGHT UNDER THIS AGREEMENT OR ANY ATTACHMENT HERETO SHALL NOT EXCEED THE TOTAL MONTHLY FEE CUSTOMER HAS PAID OR OWES OPTUM PURSUANT TO THIS AGREEMENT OR EACH RESPECTIVE SCHEDULE AS APPLICABLE TO WHICH THE INCIDENT PERTAINS FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE INCIDENT GIVING RISE TO THE CAUSE OF ACTION. NEITHER PARTY, REGARDLESS OF THE CAUSE, SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT. CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES, AND LOST BUSINESS OPPORTUNITIES, WHETHER OR NOT THE OTHER PARTY WAS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE, THE LIMITATIONS STATED ABOVE DO NOT APPLY TO THE EXTENT SUCH LIABILITY I5 DIRECTLY ARISING FROM: (A) A BREACH OF CONFIDENTIALITY OBLIGATIONS; (B) AN OBLIGATION OF INDEMNIFICATION; (C) ANY INFRINGEMENT CLAIM OR ACTION; (D) VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO A HIPAA BREACH; AND/OR (E) CUSTOMER'S LIABILITY TO OPTUM FOR FAILURE TO PAY AMOUNTS DUE UNDER THIS AGREEMENT OR ANY ATTACHMENT HERETO. 9.4. Indemnification Procedures. The indemnification obligations in Sections 9.1 and 9.2 herein are subject to the indemnified party (Indemnified Party): (a) notifying the indemnifying party (Indemnifying Party) promptly and in writing of the Loss, although the failure or delay to so notify by the Indemnified Party will not relieve the Indemnifying Party of its obligations under Section 9 of this Agreement so long as the failure or delay does not prejudice the defense of such claim; (b) providing reasonable assistance in defending the claim; and (c) consenting to the Indemnifying Party's sole authority to defend or settle such claim, provided that the Indemnifying Party will not agree to any stipulation, admission, or acknowledgement of fault, guilt, wrongdoing or liability on the part of the Indemnified Party without the Indemnified Party's prior written consent. An indemnified party may not assert any claims against the Indemnifying Party more than two (2) years after the expiration or termination of this Agreement 9.5. Insurance. During the term of this Agreement, Optum shall maintain in effect commercial general liability insurance in the amount of $1,000,000 per occurrence and $3,000,000 aggregate, professional liability insurance coverage in the amount of $5,000,000 per claim and $5,000,000 aggregate, and crime/employee dishonesty insurance coverage in the aggregate amount of $1,000,000. Optum's general liability insurance policy will include all of the following by endorsement: (1) Customer must be listed as an additional insured and (2) policy must include waiver of subrogation in favor of Customer. Optum will provide 30 days' written notice prior to cancellation/termination of any of the required insurance policies. A certificate of insurance will be provided to the Customer upon written request. 10. Disputes In the event that any dispute, claim, or controversy of any kind or nature relating to this Agreement arises between the parties, the parties agree to meet and make a good faith effort to resolve the dispute. Nothing herein is intended to prevent either party from seeking any other remedy available at law including seeking redress in a court of competent jurisdiction. This provision shall survive the termination of this Agreement. 8 11. Customer Obligations 11.1. FSA, RRA and/or HRA Services. If FSA, RRA and/or HRA Services are listed in Exhibit A, Customer shall provide Optum with contribution amounts allocated to each Participant. 11.2. Transportation Services. If transportation services are listed in Exhibit A: 11.2.1.Customer shall provide Optum with contribution amounts allocated to each Participant. 11.2.2.Optum will notify Customer in writing by facsimile or electronically of the dollar amount of transportation claims processed for payment on a pre -arranged, periodic basis. Claim processing reports will be provided to Customer, if requested. 11.2.3.Customer will remit to Optum's transportation reimbursement account the amount necessary to cover reimbursement requests and payments will be distributed to the respective Participants within the time frame agreed to by the parties. 11.2.4.Liability for and payment of all transportation reimbursement claims shall be the responsibility of Customer and in no event shall Optum be responsible for any such claims and costs. If Customer does not remit funds to Optum's transportation reimbursement account prior to the time Participant reimbursements are required to be made, Optum reserves the right to immediately suspend reimbursements and terminate Customer's right to use direct deposit as a method of Participant reimbursement. Optum's right to terminate use of direct deposit is in addition to any rights granted to Optum in the Agreement. 11.3. Funding. 11.3.1.Imprest Funding. If FSA, RRA and/or HRA Services are listed in Exhibit A and customer is set up with an imprest banking model: 11.3.1.1.Optum will open and maintain a bank account (the "Bank Account") on behalf of Customer for the purpose of reimbursing claims and paying expenses and fees. Customer acknowledges that funds in the Bank Account may be aggregated with funds belonging to other customers at an omnibus level, provided, however, all recordkeeping is conducted on an individual company basis using sub -accounts, which results in the funding and payment of claims using only the Plan assets of the appropriate Plan Sponsor. 11.3.1.2. Customer shall maintain a minimum balance in the Bank Account of expected claim activity, as determined by Optum. Optum shall have sole discretion to require Customer to: (i) deposit additional funds in the Bank Account; (ii) maintain a higher minimum balance in the Bank Account; (iii) change the frequency or timing of fund transfers into the Bank Account; or (iv) change the method of fund transfers into the Bank Account. Optum will periodically notify Customer of the amount due for reimbursing processed reimbursement claims and fees. Upon receiving such notice, Customer shall fund the Bank Account with the designated amount immediately but no later than within one business day. 11.3.1.3. Customer grants Optum the right to access information regarding the balance in Customer's corporate funding bank account. If Customer fails comply with any material funding or financial obligations or if Optum determines Customer's financial 9 condition has deteriorated, Customer authorizes Optum to initiate Automated Clearing House ("ACH") or wire transfers from Customer's corporate funding bank account to the Bank Account in an amount needed to pay for reimbursement claims processed and/or fees that are due to Optum. 11.3.1.4. If Customer does not fund the Bank Account with required amounts to maintain the minimum balance, Customer must immediately correct the deficiency and provide prompt notice to Optum of the deficiency. In the event that Customer fails to maintain the required minimum balance, Optum may, in its sole discretion (i) terminate the Agreement or the portion of the Agreement related to FSA and/or HRA services; (ii) suspend any or all Services; or (iii) stop payments on uncashed reimbursement checks. 11.3.1.5. Liability for and payment of all reimbursement claims, shall be the responsibility of Customer and in no event shall Optum be responsible for any such claims and costs. 11.3.1.6. When the Agreement terminates, the funding method set forth in Section 11.3.1 shall remain in place for a period of twelve (12) months following run -out to allow reimbursement checks to clear. 11.4. Debit Card. If Customer has elected to receive Debit Cards: 11.4.1.Customer acknowledges and agrees that Participants will be subject to the terms and conditions of the cardholder agreement distributed with the Debit Card. 11.4.2.Customer acknowledges and agrees that payment of all amounts for Debit Card transactions arising under all Plans shall be the responsibility of Customer via direct Automated Clearing House ("ACH") from the Bank Account. Customer acknowledges and agrees that all liability for and payment of all claims, shall be the Customer's responsibility and in no event shall Optum be responsible for any such claims and costs. Customer acknowledges and agrees that a charge of one hundred ($100) Dollars ($100.00) shall be assessed to Customer for each ACH returned due to insufficient funds. 11.5. COBRA Services. If COBRA Services are listed in Exhibit A: 11.5.1.Promptly after the Effective Date, Customer shall notify Optum in writing of all of Customer's Plans with respect to which, Optum will provide COBRA -related services. Customer shall provide Optum with timely notice of plan termination, amendment, or any other event that may affect a qualified beneficiary's right to COBRA or the type of benefits received or the contributions due under COBRA. 11.5.2.Customer shall provide Optum with notice of a qualifying event immediately, but no later than permitted by applicable laws and regulations. Customer shall provide Optum with any information requested relating to a qualifying event. 11.5.3.Customer shall establish and notify Optum of the continuation contribution due under each Plan in which a qualified beneficiary has coverage, including immediate notification of any changes to any contributions for such coverage. Customer must provide Optum with written notice of changes to COBRA continuation contribution rates (a "Rate Change Notice") at least thirty (30) days prior to such rate change (the "Rate Change Notice Date"). In the event that Customer is unable to provide the Rate Change Notice before the Rate Change Notice Date, Customer acknowledges and agrees that it is responsible for the 10 difference between the previous COBRA continuation contribution rate and the new COBRA continuation contribution rate until such time as the new COBRA continuation contribution rate is applied to the applicable qualified beneficiary. 11.5.4.Customer shall notify Optum within ten (10) business days after receiving notice from a qualified beneficiary that he or she has been determined to be disabled by the Social Security Administration or has been determined to no longer be disabled by the Social Security Administration pursuant to Title II or XVI of the Social Security Act. 11.6. Retiree -Billing Services. If Retiree -Billing Services (collectively, the "Continuation Services") is listed in Exhibit A: 11.6.1.Promptly after the Effective Date, Customer shall notify Optum in writing of all of Customer's Plans with respect to which, Optum will provide Continuation Services. Customer shall provide Optum with timely notice of plan termination, amendment, or any other event that may affect a qualified beneficiary's right to continuation coverage or the type of benefits received or the contributions due under such continuation coverage. 11.6.2.Customer shall provide Optum with notice of a qualifying event immediately, but no later than permitted by applicable laws and regulations. Customer shall provide Optum with any information requested relating to a qualifying event. 11.6.3.Customer shall establish and notify Optum of the continuation contribution due under each Plan in which a qualified beneficiary has coverage, including immediate notification of any changes to any contributions for such coverage. Customer must provide Optum with written notice of changes to continuation contribution rates (a "Rate Change Notice") at least thirty (30) days prior to such rate change (the "Rate Change Notice Date"). In the event that Customer is unable to provide the Rate Change Notice before the Rate Change Notice Date, Customer acknowledges and agrees that it is responsible for the difference between the previous continuation contribution rate and the new continuation contribution rate until such time as the new continuation contribution rate is applied to the applicable qualified beneficiary. 11.6.4.Customer shall notify Optum within ten (10) business days after receiving notice from a qualified beneficiary that he or she has been determined to be disabled by the Social Security Administration or has been determined to no longer be disabled by the Social Security Administration pursuant to Title II or XVI of the Social Security Act. 12. Miscellaneous 12.1. Subcontractors. Optum can use subcontractors, including affiliates, to perform Services under this Agreement. Optum will be responsible for their services to the same extent that Optum would have been had Optum performed the Services without the use of an affiliate or subcontractor. 12.2. Assignment. Neither party may assign any of its rights or obligations under this Agreement without the written consent of the other party, provided, however, that Optum may assign or transfer this Agreement to an entity controlling, controlled by, or under common control with Optum, or a purchaser of all or substantially all of Optum's assets, subject to notice to Customer of the assignment. 11 12.3. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Texas, except as to any applicable federal laws, without giving effect to the principles of conflicts of law thereof. 12.4. Entire Agreement. This Agreement, with its exhibits, constitutes the entire agreement between the parties governing the subject matter of this Agreement. This Agreement replaces any prior written or oral communications or agreements between the parties relating to the subject matter of this Agreement. 12.5. Amendment. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary to comply with applicable law, including but not limited to federal and state privacy and consumer rights laws and regulations, as applicable.. 12.6. Regulatory Filing. In the event that Customer is required to file this Agreement with any federal, state and local governmental authorities, Customer shall be responsible for filing the Agreement with such authorities as required by any applicable law or regulation. If, following any such filing, the governmental authority requests changes to this Agreement, Optum and Customer shall jointly discuss Customer's response to the governmental authority. In the event any federal, state or local governmental authority requires a change to this Agreement that either Optum or Customer deems to be material, either party may request renegotiation of the affected provisions of this Agreement. 12.7. Waiver/Estoppel. Nothing in this Agreement is considered to be waived by any party, unless the party claiming the waiver receives the waiver in writing. No breach of the Agreement is considered to be waived unless the non -breaching party waives it in writing. A waiver of one provision does not constitute a waiver of any other. A failure of either party to enforce at any time any of the provisions of this Agreement, or to exercise any option which is herein provided in this Agreement, will in no way be construed to be a waiver of such provision of this Agreement. 12.8. Notices. Any notice, demand, or communication required under this Agreement shall be hand delivered or sent by commercial overnight delivery service, or if mailed, by pre -paid, first class mail to the individual designated as the company contact during Implementation with a copy sent to Optum Financial Service's General Counsel at the address located in the signature block. The addresses to which notices are sent may be changed by proper notice. 12.9. Use of Names. The parties agree not to use each other's name, logo, service marks, trademarks or other identifying information without the written permission of the other; provided, however, Customer grants Optum permission to use Customer's name, logo, service marks, trademarks or other identifying information ("Customer Marks") to the extent necessary for Optum to carry out its obligations under this Agreement. Customer represents that Customer Marks do not infringe the rights of others or inaccurately portray the Services or mislead Participants and are used by Customer in accordance with all applicable laws. 12.10. Force Majeure. When any obligation(s) of a party is/are prevented, frustrated, hindered or delayed as a result of a Force Majeure Event, then all such obligations (excluding payments due Optum due under this Agreement) impacted by the Force Majeure Event will be suspended for the duration of that Force Majeure Event and such party shall not be deemed to be in breach of fulfilling such obligation or any other provision of this Agreement or any Exhibit or attachment to the Agreement affected by the Force Majeure Event. Neither party shall be liable for any effect or failure to perform or meet any of its obligations, performance, service levels, or for any damages or penalties caused or occasioned by the Force Majeure Event. The time of 12 performance for such obligations shall be extended for a period of time equal to the time lost by reason of the Force Majeure Event, provided the party is exercising diligent efforts to resume its obligations. The term "Force Majeure Event" means any event or cause not reasonably within the control of the party claiming suspension, including, without limitation, nuclear or natural catastrophe, an act of God, weather-related disaster, hurricane, tornado, flood, fire, earthquake, accident, industrial disturbance, interruptions or malfunctions of computer facilities, disruption or outage of communications or computer (software or hardware) services, connectivity, internet, power, or other utility, any disruption, inability or shortage of supplies or delivery chains, labor, workforce, material, equipment or transportation, military, civil or regulatory disturbance, governmental action, war, riot, terrorism, sabotage, insurrection, disease, quarantine, epidemic, pandemic, embargos, and breakdown of equipment, whether similar or dissimilar to any of the foregoing. A party claiming a Force Majeure Event shall take reasonable steps to resume performance as soon as possible. Each party will maintain commercially reasonable business continuity and disaster recovery plans." 12.11. Compliance with Laws. Customer shall substantially comply with and ensure the Plan substantially complies with all applicable laws and regulations. Except as provided below, Optum shall obtain and maintain any applicable licenses or regulatory approvals necessary for it to perform its services under this Agreement and shall substantially comply with all applicable laws and regulations. 12.12. Counterparts. This Agreement may be executed by electronic signatures or in one or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one agreement. 12.13. Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining portions of the Agreement shall be construed as if not containing such provision, and all other rights and obligations of the parties shall be construed and enforced accordingly. 12.14. Survival of Terms. Any provisions of this Agreement, or any attachments, and exhibits, which by their nature, extend beyond the expiration, or termination of this Agreement, and those provisions that are expressly stated to survive termination, shall survive the termination of this Agreement, and shall remain in effect until all such obligations are satisfied. 12.15. Legal Advice. It is understood and agreed that the Services do not include and Optum will not provide, investment, Tax or legal advice. If the Customer requires legal or other expert advice, the Customer should consult its own legal counsel. 12.16. Improvements and Modification of Services. Optum reserves the right to upgrade, improve, modify or discontinue any Services provided or made available to Customer under this Agreement. 12.17. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the Customer, 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 Customer'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. 13 ACCEPTED AND AGREED: OptumHealth Financial Services, Inc. 11000 Optum Circle Eden Prairie, MN 55344 City of Corpus Christi 1702 Horne Rd Corpus Christi, TX 78416-1902 Signature: Signature: Print Name: Print Name: Print Title: Print Title: Date: Date: Internal Control No.: 00621003.0 EXHIBIT A — SERVICES The following are the administrative services Optum has agreed to provide to Customer at the rates set forth herein. Product Name Rate Type Rate Period Fee Rate FSA Per Account Per Month $2.85 COBRA Per Participant Per Month $0.40 COBRA QE Per Qualifying Event N/A $16.00 COBRA QE Per Participant Per Month $5.00 HSA Per Participant Per Month $1.00 $500 fee waiver threshold Additional terms and conditions with respect to the Services may be set forth in one or more Schedules to this Exhibit A. Monthly Minimums: $150.00 Minimum administrative fee for FSA, RRA and HRA (HRA, RRA and FSA can be combined to meet the monthly minimum) Optional Services (Selected by Customer during implementation or at any time during the Term of the Agreement) Service Fee Template RRA, HRA or Cafeteria Plan Master Plan Document and Summary Plan Description (SPD) for review by Customer's legal counsel $475 Amendments to Plan Document templates furnished by OHFS and for review by Customer's legal counsel $250 Non-standard programming hourly rate $125 Attend employee meeting plus travel expenses Contiguous meetings at same location are available at $150 per meeting. Fee waived for meetings with >500 employees in attendance $275 Reformatting a file to meet OHFS standard layout requirements $500 For first set of FSA non-discrimination tests (key employee concentration and 55% average benefits test) per plan year $250 15 $100 for each subsequent non-discrimination test for same plan year COBRA General (initial) Notice; Notice of Unavailability of COBRA Continuation Coverage (Customer uses Optum's online tool to create and mail notice or Optum will mail any ongoing notices if instructed by the employer) Included in standard service fee COBRA General (initial) Notice; Notice of unavailability of COBRA continuation coverage (When there is a need to send a one-time notice to the entire employee population and the notice is to be produced and mailed by Optum) $3.00 per notice Medicare part D creditable and non -creditable notices (annual basis) $1.95 per notice HIPAA Initial Notice; Woman's Health and Cancer Notice (package) $4.50 per notice 16 Schedule A-1 HSA Services This Health Savings Account Enrollment and Contribution Schedule (the "HSA Exhibit") is entered into between Customer and OptumHealth Financial Services, Inc., on behalf of its affiliate, Optum Bank, Inc., a Utah chartered FDIC insured financial institution, (the "Bank"). 1. HSA Documentation. A deposit and custodial agreement (together with other HSA notices, disclosures or information as each may be in effect from time to time, the "HSA Documentation") between eligible employees who are approved by the Bank to establish a HSA ("Account Holders") and the Bank governs the rights and obligations of the Account Holder and Bank with regard to the HSA custodial services and nothing in the Agreement or this HSA Exhibit modifies or amends the terms of any HSA Documentation. 2. Contributions. Customer may forward payroll deduction contributions and other contributions to Bank in a manner and form acceptable to Bank. Bank shall have no liability for any payroll deduction files or funds not received by Bank or for any error in crediting contributions to HSAs in reliance on data provided by Customer. Customer's HSA contributions are non -forfeitable and subject to the rules restricting recoupment by employers. 3. Account Holder Employment Termination; Status as ERISA Plan. Customer shall notify Bank of an Account Holder's termination of employment or cessation of participation in Customer's high deductible health plan as soon as administratively feasible and in a manner acceptable to Bank and shall provide Bank with any other information requested by Bank from time to time to comply with applicable law. Customer shall advise Bank as soon as practicable in the event Customer has reason to believe that the HSAs may be subject to ERISA. 4. Representations, Warranties and Obligations. If Customer provides assistance in opening and administering HSAs, then Customer represents and warrants that Customer has been designated by each prospective Account Holder as their authorized agent and Customer: (i) has verified the identity and eligibility pursuant to Section 223 of the Code of each prospective Account Holder in accordance with applicable laws; (ii) has designed its benefits enrollment systems to prevent fraud in the enrollment process; (iii) will, for a period of seven (7) years, maintain records of (a) Customer's designation as authorized agent, (b) authorizations from each prospective Account Holder authorizing Customer to open and administer a HSA with Bank, (c) prospective Account Holder enrollments and debit card request, and (d) any other information and documents related to Customer opening and administering the HSA; and (iv) agree to take such actions or provide any information requested by the Bank in order to open and administer a HSA and comply with any statute, regulation or governmental mandate as deemed necessary and appropriate by Bank. 5. Patriot Act Notice. As authorized agent for each Account Holder, Customer hereby: (i) accepts the following Patriot Act Notice: "IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT — To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents" and (ii) represents and warrants that Customer has provided each prospective Account Holder with the Patriot Act Notice during enrollment. 17 6. Request to Open Account. As an authorized agent with respect to each prospective Account Holder, Customer hereby requests that Bank open a HSA for and issue a debit card to each prospective Account Holder and Customer agrees that monthly account statements related to each HSA shall be provided to each Account Holder electronically. 7. Communications. Customer will provide the Bank a list of all personnel authorized by Customer to receive and furnish information under the Agreement and Customer hereby authorize Bank, without further review or verification, to honor or act upon any facsimile, electronic direction/data transmission, mail and other order, instruction, action or transmission from Customer or Customer's authorized personnel ("Employer Communication"). Customer is responsible for the accuracy and completeness of any Employer Communication and Customer is solely responsible for any adverse consequences that may result from errors or inaccuracies within any Employer Communication. Bank will act within a reasonable time after receipt of any communication. Bank will not be liable for any loss of directions or data prior to receipt by Bank. Customer shall be responsible for all costs and expenses incurred by Bank for error correction undertaken by Bank as a result of an erroneous Employer Communication to Bank. 8. Limitation of Liability. Neither Optum nor the Bank will be responsible for claims, damages or liabilities resulting from: (i) acts or omissions based on instructions or directions received from Customer or Customer's agents, representatives or employees; or (ii) errors caused by incomplete, inaccurate or untimely information provided by Customer or Customer's agents, representatives or employees, or Customer's failure to perform its obligations as required by the Agreement and this HSA Exhibit. Section 9.1 of the Agreement shall not apply to the Bank or to services performed pursuant to this HSA Exhibit. 9. Mutual Fund Investments. In the event Customer elects to offer eligible Account Holders the ability to invest HSA funds, Customer acknowledges and agrees that: (a) the Bank is not a fiduciary in any capacity and is not responsible for any mutual funds selected by its registered investment advisor or Customer; (b) the Bank will not provide any investment advice to any Account Holder; (c) the Bank has no duty to determine whether Account Holders are afforded a reasonable choice of investment options, monitor the mutual funds, or determine the suitability of such funds; (d) the Bank is under no obligation to substitute, replace and/or remove any mutual funds offered to Account Holders; (e) if the Bank has agreed in writing to allow Customer to select additional or alternative mutual funds, any such mutual funds consist of a subset of mutual fund investments offered under Customer's 401(k) plan. 10. Special Indemnification. To the extent authorized under the Constitution and laws of the State of Texas or otherwise permitted by applicable law, Customer will be liable to and will defend, indemnify and hold harmless the Bank, its Affiliates and their respective officers, directors, employees, successors and permitted assigns from and against any and all liability, damages, costs, losses and expenses, penalties or excise Taxes, including attorneys' fees, disbursements and court costs, imposed upon or incurred by the Bank in connection with any threatened, pending, or adjudicated claim, demand, action, suit or proceeding arising in connection with any mutual fund added at Customer's request. 11. Fees. Bank will charge each Account Holder a monthly service fee. In the event Customer or Customer's designee pays the monthly service fee for an Account Holder, Customer shall continue to pay such fee on behalf of the Account Holder until the first of the month following thirty one (31) calendar days after the date the Bank receives written notice that Customer will no longer pay such fees on behalf of the Account Holder. Unpaid fees will be charged by the Bank to each Account Holder's HSA. 18 12. Confidentiality and Privacy. All of the Bank's confidentiality obligations to an Account Holder are contained in the HSA Documentation. Confidential Information about an Account Holder that is provided to the Bank, by either the Account Holder, or Customer as an authorized agent, is provided pursuant to the HSA Documentation between Account Holders and the Bank. The Bank is not receiving Customer's Confidential Information pursuant to the Agreement or this HSA Exhibit. To the extent Customer receives information about HSAs and Account Holders from the Bank, Customer shall employ measures designed to ensure the security and confidentiality of Account Holder information in connection with the HSAs and Account Holders, protect against reasonably foreseeable threats or hazards to the security or integrity of such information, protect against unauthorized access to or use of such information and ensure the proper disposal of Account Holder information. Customer understands that Bank is not a "covered entity", "business associate" or "plan sponsor" as those terms are defined by the Health Insurance Portability and Accountability Act of 1996, and the amendments and regulations related thereto. 13. Termination. Either party hereto may terminate the services described in this HSA Exhibit at any time upon ninety (90) days prior written notice. Bank may terminate the services described in this HSA Exhibit immediately if at any time Customer fails to comply with any of its material obligations, Customer is appointed a receiver, a general assignment is made for the benefit of Customer's creditors, a bankruptcy proceeding has been commenced, or any representation made or information provided is false or misleading in any material respect when made or provided. Termination of this HSA Exhibit or the Agreement will not terminate Bank's provision of services to Account Holders. 14. Amendments. The Bank may unilaterally amend the Agreement as it may determine, in its reasonable discretion, is necessary for the HSA Exhibit to comply with applicable laws, rules and regulations (including without limitation, HIPAA) by providing written notice of such amendment to Customer (an "Amendment Notice"). Such amendment shall be effective upon receipt of the Amendment Notice or such other date specified in the Amendment Notice. All other amendments shall be by mutual written agreement by an authorized officer of each of the parties. Customer may terminate as of the effective date of the amendment if it disagrees with any such amendment. 15. Regulatory Audits. Customer shall make its facilities, systems, personnel, and records, related to Customer's performance under this Agreement available for audit when required by applicable law or by state or federal bank regulatory authorities with jurisdiction over Bank. 16. Survival. The provisions of this Agreement that by their operation or effect apply after the expiration or termination of this Agreement will apply after such expiration or termination, including but not limited to Sections 4, 7, 8, 10, 12, 15, 16 and 17. 17. Governing Law. The Bank is chartered and located in the State of Utah and as such, the HSAs are governed by Utah laws and regulations. Accordingly, this HSA Exhibit shall be governed by laws of the state of Utah without giving effect to its conflicts of law provisions. 18. Single Sign On Access. Customer may request that Bank develop a process to effect single sign - on access to allow HSA Account Holder access to their HSA as well as the ability to effect transactions within their HSA once logged into Customer's health care benefit portal ("Website") without having to input an additional separate password or take security steps separate from that required by the Website ("SSO"). Customer agrees to pay Bank an additional fee to implement SSO, which shall be mutually agreed to by the parties. Customer agrees that Bank shall retain the right to terminate, revoke, suspend, disable, or otherwise cease SSO access at any time at the Bank's sole discretion, without notice. Without limiting 19 the foregoing, the Bank may, without notice, suspend or terminate SSO access to one or more Account Holder or to Customer for purposes of and to allow the Bank to test, shield, or mitigate suspected fraud or data security risks. The SSO is not an essential purpose of HSA. Access to SSO is dependent on technology beyond the control of Bank, including but not limited to computer systems, computer equipment and third party services with which the Bank may not have a direct contractual relationship. Bank continuously monitors the working condition of its computer systems and servers, and third party providers and is committed to attempting to resolve any issues that may arise. Customer understands, and has informed its employees that Bank is not liable and is not responsible for any interoperability or connectivity which may be terminated either temporarily or permanently. Furthermore, Bank has no commitments to ensuring the working condition of the SSO. The SSO is controlled from and operated by the Bank in its offices in the United States. The Bank makes no representations that the SSO is appropriate or available for use in any specific location. Those who access or use the 550 do so at their own risk of their own volition and are entirely responsible for all unauthorized access. Customer shall ensure that Account Holder not share any 550 password and protect and secure it for reasons other than its intended purpose. Customer is responsible for maintaining the security of its computer equipment and account access passwords, and will use reasonable efforts to prevent any unauthorized use of the 550. Customer is responsible for all individuals who access the SSO through Customer's computer systems including those who are not authorized. Customer agrees to immediately notify Bank in writing of any and all unauthorized use that comes to Customer's attention. If there is unauthorized use by anyone who obtained access to the SSO directly or indirectly through Customer or Customer's systems or servers, then Customer will take all steps necessary to terminate the unauthorized use. Customer is and will be responsible and liable for all activity conducted through its users' accounts. Customer will cooperate and assist with any actions taken by Bank to prevent or terminate unauthorized use of the SSO. Notwithstanding any term in the Agreement and to the maximum extent permitted by applicable law, if Bank grants HSA Account Holder single sign -on access to the Bank's systems via the Website provided or made available by Customer, Customer agrees, to the extent authorized under the Constitution and laws of the State of Texas or otherwise permitted by applicable law, to indemnify, defend and hold harmless the Bank, its officers, directors, employees, agents affiliates and contractors from and against all loss, liabilities, demands, claims, actions, and expenses (including, without limitation, any attorney fees and Taxes) arising out of, or in connection with: (i) unauthorized access to or use of the SSO, the Bank's servers, systems or other computer equipment or any and all information stored therein, specifically including non-public personal information and any password and login information whether used for the SSO or any other computer system or account with like login and password; (ii) any party gaining unauthorized access to a Bank account and/or any unauthorized transactions occurring as a result of or attributable to the SSO; (iii) interruption or cessation of transmission to or from the SSO; (iv) any viruses, hacks or attacks of any nature, including but not limited to bugs, Trojan horses, malware, or the like that may be transmitted to or through the SSO from any source whatsoever; and (v) information, errors, mistakes, or inaccuracies of content of the SSO. 20 EXHIBIT B — BUSINESS ASSOCIATE ADDENDUM This Business Associate Addendum ("BAA") is incorporated into and made part of the Agreement by and between Optum, on behalf of itself and its subsidiaries and affiliates ("Business Associate"), and Customer ("Covered Entity"), that involve the use or disclosure of PHI (as defined below). The parties agree as follows. 1. DEFINITIONS 1.1 All capitalized terms used in this BAA not otherwise defined herein have the meanings established for purposes of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended and supplemented (collectively, "HIPAA"). 1.2 "Breach" means the acquisition, access, use or disclosure of PHI in a manner not permitted by the Privacy Rule that compromises the security or privacy of the PHI, subject to the exclusions in 45 C.F.R. § 164.402. 1.3 "PHI" means Protected Health Information, as defined in 45 C.F.R. § 160.103, and is limited to the Protected Health Information received from, or received, created, maintained or transmitted on behalf of, Covered Entity. 1.4 "Privacy Rule" means the federal privacy regulations, and "Security Rule" means the federal security regulations, as amended, issued pursuant to HIPAA and codified at 45 C.F.R. Parts 160 and 164 (Subparts A, C & E). 1.5 "Services" means the services provided by Business Associate to Covered Entity to the extent they involve the receipt, creation, maintenance, transmission, use or disclosure of PHI. 2. RESPONSIBILITIES OF BUSINESS ASSOCIATE. With regard to its use and/or disclosure of PHI, Business Associate agrees to: 2.1 not use and/or further disclose PHI except as necessary to provide the Services, as permitted or required by this BAA and in compliance with the applicable requirements of 45 C.F.R. § 164.504(e), or as Required by Law; provided that, to the extent Business Associate is to carry out Covered Entity's obligations under the Privacy Rule, Business Associate will comply with the requirements of the Privacy Rule that apply to Covered Entity in the performance of those obligations. 2.2 implement and use appropriate administrative, physical and technical safeguards and comply with applicable Security Rule requirements with respect to ePHI, to prevent use or disclosure of PHI other than as provided for by this BAA. 2.3 without unreasonable delay, report to Covered Entity (i) any use or disclosure of PHI not provided for in this BAA and/or (ii) any Security Incident of which Business Associate becomes aware in accordance with 45 C.F.R. § 164.314(a)(2)(i)(C). For the purposes of reporting under this BAA, a reportable "Security Incident" shall not include unsuccessful or inconsequential incidents that do not represent a material threat to confidentiality, integrity or availability of PHI (such as scans, pings, or unsuccessful attempts to penetrate computer networks). 21 2.4 report to Covered Entity within ten business days: (i) any Breach of Unsecured PHI of which it becomes aware in accordance with 45 C.F.R. § 164.504(e)(2)(ii)(C). Business Associate shall provide to Covered Entity a description of the Breach and a list of Individuals affected (unless Covered Entity is a plan sponsor ineligible to receive PHI). Business Associate shall provide required notifications to Individuals and the Media and Secretary, where appropriate, in accordance with the Privacy Rule and with Covered Entity's approval of the notification text. Business Associate shall pay for the reasonable and actual costs associated with those notifications and with credit monitoring, if appropriate. 2.5 in accordance with 45 C.F.R. § 164.502(e)(1)(ii) and 45 C.F.R. § 164.308(b)(2), ensure that any subcontractors of Business Associate that create, receive, maintain or transmit PHI on behalf of Business Associate agree, in writing, to the same restrictions on the use and/or disclosure of PHI that apply to Business Associate with respect to that PHI, including complying with the applicable Security Rule requirements with respect to ePHI. 2.6 make available its internal practices, books and records relating to the use and disclosure of PHI to the Secretary for purposes of determining Covered Entity's compliance with the Privacy Rule, in accordance with 45 C.F.R. § 164.504(e)(2)(ii)(I). 2.7(a) after receiving a written request from Covered Entity, make available within ten business days to Covered Entity information necessary for an accounting of disclosures of PHI about an Individual, in accordance with 45 C.F.R. § 164.528. 2.7(b) after receiving a written request from an Individual, promptly make available to the Individual information necessary for an accounting of disclosures of PHI about the Individual, in accordance with 45 C.F.R. § 164.528. 2.8(a) provide access to Covered Entity, within ten business days after receiving a written request from Covered Entity, to PHI in a Designated Record Set about an Individual, sufficient for compliance with 45 C.F.R. § 164.524. 2.8(b) provide prompt access to an Individual after receiving a written request from such Individual, to PHI in a Designated Record Set about an Individual, sufficient for compliance with 45 C.F.R. § 164.524. 2.9(a) to the extent that the PHI in Business Associate's possession constitutes a Designated Record Set, make available, within ten business days after a written request by Covered Entity, PHI for amendment and incorporate any amendments to the PHI as requested in accordance with 45 C.F.R. § 164.526. 2.9(b) to the extent that the PHI in Business Associate's possession constitutes a Designated Record Set, promptly make available, after a written request by an Individual, PHI for amendment and incorporate any amendments to the PHI as requested in accordance with 45 C.F.R. § 164.526. 3. RESPONSIBILITIES OF COVERED ENTITY. Covered Entity: 3.1 shall identify the records it furnishes to Business Associate that it considers to be PHI for purposes of the Agreement, and provide to Business Associate only the minimum PHI necessary to accomplish the Services. 3.2 in the event that the Covered Entity honors a request to restrict the use or disclosure of PHI pursuant to 45 C.F.R. § 164.522(a) or makes revisions to its notice of privacy practices of Covered Entity in accordance with 45 C.F.R. § 164.520 that increase the limitations on uses or disclosures of PHI or agrees to a request by an Individual for confidential communications under 45 C.F.R. § 164.522(b), 22 Covered Entity agrees not to provide Business Associate any PHI that is subject to any of those restrictions or limitations, unless Covered Entity notifies Business Associate of the restriction or limitation and Business Associate agrees in writing to honor the restriction or limitation. 3.3 shall be responsible for using administrative, physical and technical safeguards to maintain and ensure the confidentiality, privacy and security of PHI transmitted to Business Associate pursuant to the Agreement, in accordance with the requirements of HIPAA. 3.4 shall obtain any consent or authorization that may be required by applicable federal or state laws prior to furnishing Business Associate the PHI for use and disclosure in accordance with this BAA. 3.5 if Covered Entity is an employer sponsored health plan, Covered Entity represents that to the extent applicable, it has ensured and has received certification from the applicable Plan Sponsor that the Plan Sponsor has taken the appropriate steps in accordance with 45 C.F.R. § 164.504(f) and 45 C.F.R. § 164.314(b) to enable Business Associate on behalf of Covered Entity to disclose PHI to Plan Sponsor, including but not limited to amending its plan documents to incorporate the requirements set forth in 45 C.F.R. § 164.504(f)(2) and 45 C.F.R. § 164.314(b). Covered Entity shall ensure that only employees authorized under 45 C.F.R. § 164.504(f) shall have access to the PHI disclosed by Business Associate to Plan Sponsor. 4. PERMITTED USES AND DISCLOSURES OF PHI. Business Associate may: 4.1 use and disclose PHI as necessary to provide the Services to Covered Entity. 4.2 use and disclose PHI for the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Associate, provided that any disclosures are Required by Law or any third party to which Business Associate discloses PHI provides written assurances that: (i) the information will be held confidentially and used or further disclosed only for the purpose for which it was disclosed to the third party or as Required by Law; and (ii) the third party promptly will notify Business Associate of any instances of which it becomes aware in which the confidentiality of the information has been breached, in accordance with 45 C.F.R. § 164.504(e)(4). 4.3 De -identify any PHI received or created by Business Associate under this BAA in accordance with the Privacy Rule. 4.4 provide Data Aggregation services relating to the Health Care Operations of the Covered Entity in accordance with the Privacy Rule. 4.5 use PHI for Research projects conducted by Business Associate, its Affiliates or third parties, in a manner permitted by the Privacy Rule, by obtaining documentation of individual authorizations, an Institutional Review Board, or a privacy board waiver that meets the requirements of 45 C.F.R. § 164.512(i)(1), and providing Covered Entity with copies of such authorizations or waivers upon request. 4.6 make PHI available for reviews preparatory to Research in accordance with the Privacy Rule at 45 C.F.R. § 164.512(i)(1)(ii). 4.7 use the PHI to create a Limited Data Set ("LDS") and use or disclose the LDS for the health care 23 operations of the Covered Entity or for Research or Public Health purposes as provided in the Privacy Rule. 5. TERMINATION 5.1 Covered Entity may terminate this BAA and the Agreement if Business Associate materially breaches this BAA, Covered Entity provides written notice of the breach to Business Associate, and Business Associate fails to cure the breach within the reasonable time period set by Covered Entity. 5.2 Within thirty (30) days after the expiration or termination for any reason of the Agreement and/or this BAA, Business Associate shall return or destroy all PHI, if feasible to do so, including all PHI in possession of Business Associate's subcontractors. In the event that return or destruction of the PHI is not feasible, Business Associate may retain the PHI subject to this Section 5.2. Business Associate shall extend any and all protections, limitations and restrictions contained in this BAA to Business Associate's use and/or disclosure of any PHI retained after the expiration or termination of the Agreement and/or this BAA, and shall limit any further uses and/or disclosures solely to the purposes that make return or destruction of the PHI infeasible. 6. MISCELLANEOUS The terms of this BAA shall be construed to allow Covered Entity and Business Associate to comply with HIPAA. Nothing in this Addendum shall confer upon any person other than the parties and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. Sections 2, 3, 4 and 5.2 shall survive the expiration or termination of this BAA for any reason. [remainder of page intentionally blank] 24 RFP Evaluation - HSA, FSA, DCA, and 1 COBRA Administrative Services r-I>• Proposed: Consolidate all services with a single provider Current Providers HSA: Optum Flex: ASIFIex COBRA: BCBS Recommendation r • Committee Recommendation: Optum Bank Optum Bank Evaluation Criteria Points (Staff Recommendation) Ranking — 1 BCBS-TX Ranking - 2 Price Financial Stability Claims Processing Past Performance Total Score Estimated Premiums — Year 1 Difference in Cost from lowest cost 50 15 25 10 100 39 50 13 13 23 15 9 6 84 84 $26,145 $20,270 +5,875 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 8, 2020 DATE: August 26, 2020 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director of Intergovernmental Relations TammyE@cctexas.com 361.826.3622 Renewal of State and Federal External Legislative Consultant Contracts CAPTION: Motion authorizing two 24 -month renewal agreements beginning October 1, 2020 for governmental relation services with Focused Advocacy for state governmental relations services for $108,000 per year plus $4,200 in expenses and with Meyers & Associates for federal governmental relations services for $78,000 per year plus reasonable expenses. SUMMARY: This motion authorizes the renewal of two 24 -month governmental relations contracts: one for state governmental relations services with Focused Advocacy and a second for federal governmental relations services with Meyers & Associates. BACKGROUND AND FINDINGS: The City of Corpus Christi has engaged the services of external firms for state and federal governmental relations services for many years. Both firms are well-respected, connected in their respective legislative arenas, and have been effective and resourceful advocates for the City. Focused Advocacy became the City's consultant for state matters in 2011 but represented the City before that with a different firm. Meyers & Associates has represented the City since the early 1990s. Focused Advocacy has represented the City for many years and is familiar with the City, its legislative history, and its needs. The firm almost exclusively represents municipalities, so its staff has extensive knowledge of municipal law and legislative issues. The firm also represents the Texas Mayors of Military Communities, an organization of which the City is a member. Meyers & Associates has represented the City for many years and is familiar with the City, its legislative history and its needs. Meyers & Associates maintains an excellent, non-partisan reputation among the Texas congressional delegation and continues to establish and maintain favorable contacts within the federal government that are beneficial to the City. Meyers & Associates also represents the Alliance for 1-69 Texas and the South Texas Military Facilities Task Force, organizations of which the City is a member. Starting in 2014, the contract length moved from 12 months to 24 months to coincide with the Texas Legislative biennial term. The table below details the monthly retainer for each consultant contract. Consultants Contract History There are no significant changes to the Meyers & Associates contract being proposed. For the Focused Advocacy contract, the only change is that the City is proposing to reimburse Focused Advocacy $350 per month for related expenses in addition to the monthly retainer. This equates to an additional cost of $4,200 annually. Consulting rates for both firms have remained level despite increased workloads and deliverable results at the state and federal levels. ALTERNATIVES: An alternative would be to not renew one or both consulting contracts. That course of action, however, is not recommended. Due to the ongoing uncertainty surrounding the COVID-19 pandemic, it is important to maintain strong representation in Austin and in Washington, DC. It is unclear at this time if the City will be able to advocate in person next year at either the state or federal level. Because of their strong relationships and long tenure representing the City, Focused Advocacy, along with Meyers & Associates, have been able to continue to move the ball effectively through this crisis. We need to maintain that momentum going into the 117th Congress and the 87th Session of the Texas Legislature. FISCAL IMPACT: There is no fiscal impact in FY 2020 since the contracts begin on October 1, 2020. For FY 2021, funding for both contracts will be prorated among several funds based on the type of work provided. For the state contract with Focused Advocacy, the proration is as follows: General Fund 14%; Water Fund 63%; Wastewater Fund 17%, and Gas Fund 6%. For the federal contract with Meyers & Associates, one additional fund is added to the proration because this firm assists with airport matters on the federal level. General Fund 15%; Water Fund 49%; Wastewater Fund 17%; Airport Fund 14%; and Gas Fund 5%. Funding for both contracts are included in the FY 2021 proposed operating budget. Focused Advocacy Meyers & Associates (monthly retainer) 2014 $9,000 $6,500 2016 $9,000 $6,500 2018 $9,000 $6,500 2020 (proposed) $9,000 + $350 (expenses) $6,500 There are no significant changes to the Meyers & Associates contract being proposed. For the Focused Advocacy contract, the only change is that the City is proposing to reimburse Focused Advocacy $350 per month for related expenses in addition to the monthly retainer. This equates to an additional cost of $4,200 annually. Consulting rates for both firms have remained level despite increased workloads and deliverable results at the state and federal levels. ALTERNATIVES: An alternative would be to not renew one or both consulting contracts. That course of action, however, is not recommended. Due to the ongoing uncertainty surrounding the COVID-19 pandemic, it is important to maintain strong representation in Austin and in Washington, DC. It is unclear at this time if the City will be able to advocate in person next year at either the state or federal level. Because of their strong relationships and long tenure representing the City, Focused Advocacy, along with Meyers & Associates, have been able to continue to move the ball effectively through this crisis. We need to maintain that momentum going into the 117th Congress and the 87th Session of the Texas Legislature. FISCAL IMPACT: There is no fiscal impact in FY 2020 since the contracts begin on October 1, 2020. For FY 2021, funding for both contracts will be prorated among several funds based on the type of work provided. For the state contract with Focused Advocacy, the proration is as follows: General Fund 14%; Water Fund 63%; Wastewater Fund 17%, and Gas Fund 6%. For the federal contract with Meyers & Associates, one additional fund is added to the proration because this firm assists with airport matters on the federal level. General Fund 15%; Water Fund 49%; Wastewater Fund 17%; Airport Fund 14%; and Gas Fund 5%. Funding for both contracts are included in the FY 2021 proposed operating budget. FUNDING DETAIL: Included in the FY2021 Proposed Operating Budget Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: Cost: RECOMMENDATION: Staff recommends approving the motion to execute two 24 -month renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for $108,000 per year plus $4,200 in expenses and with Meyers & Associates for federal governmental relations services for $78,000 per year plus reasonable expenses. Both firms have a record of success in achieving the City's priorities and are responsive to the City's needs. LIST OF SUPPORTING DOCUMENTS: 1. Renewal contract with Focused Advocacy 2. Renewal contract with Meyers & Associates AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City") and Meyers & Associates, a Washington based governmental relations consulting firm ("Meyers") and is effective the 1st day of October 2020. WITNESSETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, funding for Community Development Block Grants and HOME programs, protecting the tax exempt status of municipal bonds, Hurricane Harvey recovery and mitigation funding, Covid-19 recovery and mitigation funding, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, Federal Aviation Administration (FAA) funding for airport improvement projects, transportation policy and project funding, including the Harbor Bridge, Interstate 69, freight rail expansion, and maintenance of the Gulf Intracoastal Waterway, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,500.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of-pocket expenses. c. Such payments will commence on October 1, 2020 and will continue for (24) twenty- four consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. Page 1of3 d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. 2. Meyers' Duties. Meyers agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. c. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence October 1, 2020 and continue until September 30, 2022, subject to the provisions for cancellation set out in Section 1 (d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. Page 2 of 3 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 12. Governing law and required compliance. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. Meyers agrees to comply with the 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. In accordance with Chapter 2270, Texas Government Code, the signatory executing this Agreement on behalf of Meyers verifies that the company does not boycott Israel and will not boycott Israel during the term of this agreement. 13. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. APPROVED AS TO FORM: CITY ATTORNEY Miles Risley CITY OF CORPUS CHRISTI, TEXAS By: By: Page 3 of 3 Peter Zanoni City Manager DATE Larry Meyers DATE MEYERS & ASSOCIATES FOCUSED(LADVOCACY Agreement Legislative & Regulatory Consulting Services City of Corpus Christi & Focused Advocacy It is agreed effective October 1, 2020 that Focused Advocacy, LLC. (hereinafter "the Consultant") as located at 816 Congress Avenue, Suite 370, Austin, Texas 78701 will for the following compensation and under the following terms and conditions provide the City of Corpus Christi (hereinafter "the City") as located at 1201 Leopard, Corpus Christi, TX 78401 with the following scope of services: 1. Term: The term of this agreement shall be for 24 months from October 1, 2020 thru September 30, 2022. 2. Renewal: At the mutual agreement of both parties, this agreement may be renewed for two (2) additional 24 -month periods. 3. Scope of Services: Consultant shall: 1. Represent the City's general interests before the Texas legislature as guided by the City's publicly adopted legislative positions and agenda; 2. Provide general guidance and assistance to the City to develop a legislative and regulatory agenda that advances the health, safety, and welfare of the City's citizens; 3. Develop strategies to gain public support the City's legislative and regulatory goals; 4. Develop strategies to gain support for and advance the City's legislative and regulatory goals; 5. Work to defeat legislation the City deems detrimental to the public health, safety, or welfare of its citizens; 1 FOCUSED(LADVOCACY 6. Work to pass legislation the City deems positive to the public health, safety, or welfare of its citizens 7. Provide the City staff and Council with timely updates regarding the status of pending legislation and rule makings; 8. Utilize proprietary software to help the City monitor the progress of legislation that affects the City; 9. Provide the City staff and Council with timely updates regarding the status of pending legislation and rule makings; 10. Advise and inform the City of upcoming legislative committee hearings (both during the legislative session and during the interim); 11. Assist with the preparation and drafting of legislation and amendments; 12. Assist with the development and drafting of letters, speeches and other advocacy materials; 13. Assist with the preparation of City officials who testify before legislative bodies; 14. Attend and monitor on the City's behalf legislative hearings, agency hearings, stakeholder meetings, TML meetings, and interim legislative committee hearings; 15. As directed, represent the City's interests before the regulatory bodies of Texas and various state agencies of the Texas executive branch by informing the City of key state agency hearings and developments at the Texas Comptroller of Public Accounts, Department of Transportation, Public Utility Commission, General Land Office, Railroad Commission, Water Development Board, Commission on Environmental Quality, and the Department of Housing and Community Affairs; and 16. As directed, engage with state agency staff and personnel to protect or advance the City's interests during administrative rule-making proceedings. 4. Expansion of Scope of Services: This agreement is expressly limited to the scope of services detailed herein. 2 FOCUSED(LADVOCACY Any additional services requested by the City will necessitate an amendment to this agreement with new terms and compensation. 5. Retainer Compensation & Billing: In consideration for the performance of the services outlined in this agreement during the period covered by this agreement, the City agrees to pay Consultant $9,000.00 per -month. Monthly invoices will be sent on or around the 1St day of each month and payable by the 15th day of each month. Payment shall be either electronically deposited directly to the bank account provided by the Consultant or otherwise mailed to Focused Advocacy at 816 Congress Avenue, Suite 370, Austin, Texas 78701. 6. Reimbursement of Expenses: In addition to the monthly retainer, the City shall also reimburse Consultant three hundred and fifty dollar ($350) per month for the related out-of-pocket expenses incurred by the Consultant associated with the client -related business meetings hosted by the Consultant in furtherance of the duties and services required by this agreement. The City agrees to pay the Consultant this reimburse of expenses at the same time it pays the monthly retainer. In addition, the City will reimburse Consultant for any reasonable and customary expenses related to travel requested of the Consultant by the City (i.e. - airfare, mileage, rental cars, taxis, hotels, travel -related meals). 7. Termination: This agreement may be terminated without cause provided the City Manager provides the Consultant ninety days (90) written notice. Effective from the date written notice is delivered to the Consultant, the City is responsible for and Consultant shall be fully compensated by the City for the retainer due during the 90 -day period for termination without cause. The City Manager may also terminate the agreement with thirty days (30) written notice if termination is caused by a conflict of interest as governed by Chapter 305, Government Code regarding legislation that cannot be resolved between the City and another client of the Consultant regarding a specific piece of legislation. Effective from the date written notice is delivered to the Consultant, the City is responsible for and Consultant shall be fully 3 FOCUSED(LADVOCACY compensated by the City for the retainer due during the 30 -day period for termination due to a conflict. 8. Conflicts of Interest: Should any other client of the Consultant take a position on a piece of legislation that is in opposition to the position of the City or should Consultant believe that its representation of the City is materially affected by the position taken by another client, Consultant will comply with all applicable state laws regarding conflicts of interest and will notify in writing the City within two (2) business days from the date Consultant became aware of the conflict. Consultant must obtain written permission from the City to continue its representation. If the conflict is between the City and any private -sector client of the Consultant, then Consultant shall resolve the conflict in favor of the City. 9. Points of Contact: Unless directed otherwise, the City Manager shall act as the point of contact for the City and Brandon Aghamalian and Snapper Carr shall act as the point of contact for the Consultant. The Consultant will take its direction and work orders from the City Manager. 10. Confidentiality: If a party provides information or materials indicated to be confidential, the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this agreement and as required by law. It is understood by Consultant that the materials produced and provided under this agreement are the property of the City and shall be returned to them upon request. 11. Consultant Relationship: It is understood by the parties that Consultant is an independent Consultant for the purposes of any federal and/or state laws including tax laws, and that Consultant is not in any way an employee, full or part-time of Client. 12. Contract for Professional Services The parties to this agreement mutually acknowledge and understand that pursuant to Section 252.022(a)(4) of the Texas Local Government Code, a procurement for professional 4 FOCUSED(LADVOCACY services such as the services contained in the scope of this agreement is exempt from the competitive bid or proposal requirement. 13. Compliance with Texas Ethics Laws: The Consultant agrees to comply with all applicable state lobby registration and reporting laws and with all applicable state authorities including the Texas Ethics Commission. 14. Entire Agreement and Modifications: This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreement or understandings, whether oral or written, negotiations and discussion This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination or attempted waiver of any provision hereof (including this section) shall be valid unless in writing and signed by both parties. (SIGNATURE PAGES FOLLOW) 5 FOCUSED(LADVOCACY This contract is accepted on August 28, 2020 as evidenced by the execution hereof by the signatures of the undersigned. Signature - City of Corpus Christi Signature - Focused Advocacy Brandon Aghamalian, President Printed name & title Printed name & title August 28, 2020 Date Date 6 Government Relations Representation 117th United States Congress and 87th Session of the Texas Legislature Council Presentation September 15, 2020 Contract Lobby Team Larry Meyers Meyers & Associates, Washington, D.C. Brandon Aghamalian, Curtis Seidlits, Snapper Carr Focused Advocacy, Austin, TX Contract History • Meyers & Associates has represented the City in Washington, DC since the early 1990s • Focused Advocacy became the City's consultant for state matters in 2011 but represented the City before that with a different firm • Consulting rates for both firms have remained level despite increased workloads and deliverable results at the state and federal levels. Focused Advocacy Meyers & Associates (monthly retainer) 2014 $9,000 $6,500 2016 $9,000 $6,500 2018 $9,000 $6,500 2020 (proposed) $9,000 + $350 (expenses) $6,500 AGENDA MEMORANDUM Action Item for the City Council Meeting September 15, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis Heatherh3@cctexas.com 361-826-3227 Resolution binding the City of Corpus Christi to provide up to $167,500 from Corona Relief Funds to Calallen ISD, Tuloso-Midway ISD and West Oso ISD for matching funds to purchase telelearning solutions CAPTION: Resolution authorizing the City's intent to provide a total of up to $167,500 from the City's Coronavirus Relief Fund allocation through the CARES Act to Calallen Independent School District, Tuloso-Midway Independent School District and West Oso Independent School District ($129,000, $18,000, and $20,500 respectively) as matching funds for the purchase of computer equipment necessary to facilitate compliance with COVID-19 related public health measures and tele -learning. SUMMARY: The City of Corpus Christi received an allocation of up to $17,960,470 from the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") for Coronavirus Relief Funds (CRF) through the State of Texas. Calallen ISD, Tuloso-Midway ISD, and West Oso ISD have requested funding from the allocation for up to $129,000 for Calallen ISD up to $18,000 to Tuloso-Midway ISD, and up to $20,500 to West Oso ISD from the City of Corpus Christi's $17,960,470 allocation. The funds requested will provide matching funds for the Texas Education Agency's (TEA) Operation Connectivity to purchase Chromebooks and WIFI hotspots to be used for remote learning in response to the public health emergency if the school districts' applications are approved by TEA. BACKGROUND AND FINDINGS: The CARES Act established the Coronavirus Relief Fund (CRF) and appropriated $150 billion to this fund. Under the CARES Act, the CRF is to be used to make payments for specific uses to states and certain local governments. The CARES Act provides that payments from the CRF may only be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. Were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the state or government); and 3. Were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Expenses that qualify under these criteria are then categorized into one of six expense categories: 1. Medical Expenses, 2. Public Health Expenses, 3. Payroll Expenses for employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency, 4. Expenses of action to facilitate compliance with COVID-19 related public health measures, 5. Expenses associated to the provision of economic support in connection with the COVID-19 public health emergency, and 6. Any other COVID-19 related expenses reasonably necessary to the function of the government that satisfy the CRF's eligibility criteria The State of Texas included additional regulations to the counties and municipalities that received the allocation through the State, requiring that up to 100% of the funding can be used for categories 1-3 but only up to 25% can be used for categories 4-6. The amounts requested fall under category 4. Cities with a population of less than 500,000 located in a county with a population of less than 500,000 were allocated funds for CRF from the CARES Act based on a per capita basis at $55 per person. This equates to a total distribution of up to $17,960,470 for Corpus Christi (326,554 population x $55 per person). TEA is helping school districts purchase equipment to support remote learning which has become an essential part of schools' academic offering. In response to this critical need, Governor Abbott and Texas legislative leaders have allocated $200 million in State CARES Act Coronavirus Relief Fund to match $200 million in local district funding. This combined $400 million in bulk buying power will be used to cover the purchases of internet solutions such as hotspots and e -learning devised for Texas' school districts, with the goal of providing connectivity technology for all students who would not otherwise have them. Local education agencies are eligible for additional State Corona Virus Relief Fund fund -matching if they receive funding from their local city or county CRF. TEA will increase its fund matching by $1 for every $1 of local CRF that local education agencies receive, up to a maximum of 25% of the expenditure approved. Calallen ISD, Tuloso-Midway ISD, and West Oso ISD have requested funding from the City's CRF allocation for up to $129,000 for Calallen ISD, up to $18,000 to Tuloso-Midway ISD and up to $20,500 to West Oso ISD from the City of Corpus Christi's $17,960,470 allocation. The school districts will submit their application for funding through Operation Connectivity when the application period opens, and TEA will make a final determination on the funding after submittal. To be eligible for the additional TEA funding match, the school districts must have an allocation commitment from the City to include with the application. After TEA announces grant awards and Calallen ISD, Tuloso-Midway ISD and/or West Oso ISD are grant recipients, a separate action item will be placed on a City Council Agenda to consider approval of an inter -agency agreement for funding from the $167,500 earmarked allocation. ALTERNATIVES: The City could choose not to allocate the requested amount or allocate a lesser amount to the school districts FISCAL IMPACT: If a portion of the City's allocation of up to $17,960,470 is used to fund the school districts, then there will be less to use for other needs and purposes. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): RECOMMENDATION: 1063 Emergency Management Grant Fund 690001F CARES Act CRF Grant N/A N/A City staff recommends approving the commitment of an amount up to $167,500 from the City's allocation from the State of Texas of Coronavirus Relief Funds established by the CARES Act to Calallen ISD, Tuloso-Midway ISD and West Oso ISD for matching funds for the Texas Education Agency's (TEA) Operation Connectivity to purchase Chromebooks and WIFI hotspots to be used for remote learning dur to the COVID-19 public health emergency. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the City's intent to provide a total of up to $167,500 from the City's Coronavirus Relief Fund allocation through the CARES Act to Calallen Independent School District, Tuloso- Midway Independent School District, and West Oso Independent School District ($129,000, $18,000 and $20,500, respectively) as matching funds for the purchase of computer equipment necessary to facilitate compliance with COVID-19 related public health measures and tele -learning. WHEREAS, the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act established the Coronavirus Relief Fund (CRF), which fund is administered by the Texas Department of Emergency Management and from which the City of Corpus Christi ("City") has received an allocation; WHEREAS, the City desires to make a portion of its CRF allocation available for the benefit of its citizens in the Calallen Independent School District ("CISD"), Tuloso- Midway Independent School District ("TMISD"), and West Oso Independent School District ("WOISD") as matching funds for the purchase of computer equipment necessary to facilitate compliance with COVID-19 related public health measures and school tele - learning by the school districts; and WHEREAS, CISD, TMISD, and WOISD each independently intend to submit funding applications and obtain matching funds from the Texas Education Agency ("TEA"), through the CARES Act, with the City's commitment to provide a portion of its CRF allocation subject to the award of funding by the TEA to each school district for the purpose stated. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: The City Council authorizes the City Manager, or his designee, to execute all documents necessary to bind the City to provide a total of up to $167,500 from the City's CRF allocation, through the CARES Act, to Calallen Independent School District ($129,000), Tuloso-Midway Independent School District ($18,000), and West Oso Independent School District ($20,500) as matching funds for the purchase of computer equipment necessary to facilitate compliance with COVID-19 related public health measures and school tele -learning, subject to the award of funding from the Texas Education Agency for the purpose stated. PASSED AND APPROVED on the day of , 2020: Joe McComb Roland Barrera Rudy Garza Page 1 of 2 Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 2 of 2 tCALALLEN 4205 Wildcat Drive Corpus Christi, TX 78410 (361) 242-5600 NDEPENDENT SCHOOL DISTRICT Arturo Almendarez, Ed.D. • Superintendent of Schools Arturo Almendarez, Ed.D. Superintendent of Schools 4205 Wildcat Drive Corpus Christi, Texas 78410 August 25, 2020 Peter Zanoni, City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Dear Peter Zanoni: With the rise of COVID-19 in Texas, remote learning has become an essential part of Calallen ISD's academic offering. In response, Calallen ISD recently participated in Operation Connectivity through the Texas Education Agency. This program allowed the district to leverage pricing and funding provided by the state to purchase equipment that would facilitate the providing of Internet access and devices to each student. Calallen ISD's School Board made the decision on July 20, 2020 to become a 1 -to -1 district, providing a Chromebook for every student in our district. Through Operation Connectivity, the district purchased the remaining 1,800 chromebooks to fulfill this initiative. Furthermore, the district purchased 500 hotspot devices to provide internet for students to access and maximize at-home learning during the upcoming school year. We are respectfully requesting that City of Corpus Christi CARES Act Coronavirus Relief Funding be used to help offset the cost of technology for our district. The Texas Education Agency has pledged to match city contributions to school districts on a first come, first served basis. Calallen has allocated $257,450.00 towards the purchase of internet hotspots and chromebooks to be used by students. We respectfully request that the City of Corpus Christi utilize CRF grant monies to fund half of the amount. Calallen ISD is committed to providing the best educational environment for all of our students, and appreciates the support of your office in making this possible. Sincerely, LX0Q/L.\ IC Arturo Almendarez, Ed.D Superintendent of Schools (IY Calallen Independent School District TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT September 4, 2020 Corpus Christi Mayor and Councilmembers 1201 Leopard Street Corpus Christi, Texas 78401 Dear Honorable Mayor and Councilmembers, On July 17, 2020, the Chairs of the Texas Senate Finance and House Appropriations Committees announced targeted eLearning funding of $200 million in Coronavirus Aid, Relief, and Economic Security (CARES) Act Coronavirus Relief Funds to the Texas Education Agency (TEA) to enable remote learning during the COVID-19 pandemic for Texas students that lack connectivity or devices. As a result, local education agencies were eligible for fund matching of 50% of expenditures incurred through the statewide bulk purchasing Operation Connectivity program for Chromebooks and Hotspots. TEA recently announced it will increase its funding match dollar for dollar of local Corona Relief Funds up to 25% from the local City or County. Tuloso-Midway ISD has various students in our District who still do not have internet connectivity and chose to participate in Operation Connectivity. The District purchased 400 hotspots to meet the needs of our students. The total cost for the hotspots was $72,000 with TEA and the District each contributing $36,000 toward the purchase. The District would like to formally and respectfully request that the City of Corpus Christi contribute $18,000 (25%) from local Corona Relief Funds toward our purchase. As TEA has announced it will match dollar for dollar, this would allow the District to be reimbursed for the $36,000 it contributed toward the purchase. Reimbursement would allow us to use those funds to purchase other much needed COVID-19 related items in our District as we still have many more needs and unforeseen expenditures. We know that these are trying times and we would not be able to do it without support from our state and local leaders. Together we can do what we need for our community and most importantly our children. We appreciate your time and consideration to this matter. If you have any questions or would like to discuss this further you can contact me directly at (361) 903-6411 or at pcarroll@tmisd.us. Sincerely, eue Philip Carroll Business Manager P.O. Box 10900.9760 LABRANCH • CORPUS CHRISTI, TEXAS • 78460-0900.361-903-6402 • FAX 361-241-5836 DISTRICT WEB ADDRESS • WWW.tmiSd.US WEST OSO INDEPENDENT SCHOOL DISTRICT 5050 ROCKFORD DRIVE CORPUS CHRISTI, TEXAS 78416 September 10, 2020 DAVID PALACIOS ASSISTANT SUPERINTENDENT BUSINESS, FINANCE & SCHOOL OPERATIONS Peter Zanoni, City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Zanoni, With the large number of cases of COVID-19 in the nation, state and Corpus Christi, West Oso ISD academic instruction requires districts to provide remote learning for our students, West Oso ISD is currently participating in Texas Education Agency's Operation Connectivity which allows districts to purchase technology equipment at huge discounted pricing that will facilitate internet access and equipment accessibility to our students. West Oso ISD Board Members have supported the district's administration recommendation to provide every student in our district a Chromebook for virtual (distance) learning. On April 29, 2020 the district ordered 200 Chromebooks to provide summer school students virtual learning opportunities. Also, the district utilizing TEA's Operation Connectivity Bulk Order Process purchased 200 more Chromebooks and 85 Hotspots to provide internet access for the 2020-2021 school year. West Oso ISD's Administration is respectfully requesting that the City of Corpus Christi's Coronavirus Relief Fund (CFR) Local Match Reimbursement Program be utilized to offset the technology expenditures to our district. Texas Education Agency has committed to match the City's contribution to school districts on first come first served basis. West Oso ISD has purchased $81,650 for Chromebooks and hotspots for district students virtual use. We respectfully request that the City of Corpus Christi provide CRF Grant funds to reimburse the district 25% of this amount ($20,412). West Oso ISD continues to provide the best instructional and learning opportunities for all of our students, and greatly appreciates the support of you, your colleague, Heather Hurlbert, and the City Council to make this possible. Sincerely, avid Palacios, Assistant Superintendent of Business, Finance, & School Operations Conrado Garcia, Superintendent AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for September 15, 2020 Second Reading Ordinance for September 22, 2020 DATE: TO: Peter Zanoni, City Manager August 07, 2020 FROM: Al Raymond, Director, Development Services AlRaymond@cctexas.com (361) 826 - 3575 Agreement and appropriating funds for Mostagashi Enterprises, LLC for a Wastewater Collection Line Reimbursement Agreement CAPTION: Ordinance authorizing Wastewater Collection Line Construction Reimbursement Agreement with Mostaghasi Enterprises, LLC for a planned residential subdivision named Empire Subdivision with completion within 18 months; transferring $110,000 from the Sanitary Sewer Trunk Main Trust Fund to the Sanitary Sewer Collection Line Trust Fund; and appropriating $133,620 from the Sanitary Sewer Collection Line Trust Fund, to reimburse the developer per the agreement. (District 5) SUMMARY: Mostagashi Enterprises, LLC is required to install a wastewater collection line to provide sanitary sewer service for a planned residential subdivision named Empire Subdivision. A wastewater masterplan amendment establishing the wastewater service area surrounding the planned subdivision was approved by City Council on May 12, 2006. BACKGROUND AND FINDINGS: Mostagashi Enterprises, LLC has proposed to develop a planned residential subdivision that will be constructed within City limits and is located along Ametrine Road, south of CR 7B. The planned subdivision contains 68 single family home sites, is zoned RS -6 and is within the Corpus Christi Independent School District. The Developer plans to install 1,361 linear feet of 10 -inch wastewater collection line that is part of the Wastewater Master Plan for Oso Sub Basin SPA 30 and is required to provide wastewater service to the proposed subdivision property. When the collection line is completed wastewater service will be available to this subdivision and the surrounding undeveloped properties adjacent to the planned subdivision. Additionally, the extension of this wastewater collection line is consistent with the adopted wastewater master plan in this area. City Council gave direction to staff at the August 13, 2019 meeting to reexamine the trust funds and to provide recommendations on policies that govern the priority, order, reimbursement rate and fees charged by the trust funds. City Council directed staff return within 75 days and present their recommendations. Staff conducted detailed research into the trust funds and briefed Council on their background, history and their current operational status as well as briefed Council on the update to the 2019 Alternative Utility Financing Study which ultimately recommended transitioning from trust funds to impact fees. Staff worked with Contracts and Procurement to issue an RFQ to provide Master Plans for the City's water, wastewater, stormwater and roadway infrastructure and to provide an Impact Fee Study. Once evaluations and interviews are completed, the RFQ should be placed on the City Council Agenda for consideration in late July or early August 2020. ALTERNATIVES: An alternative to the applicant's request could be to identify the master planned line extensions as vital infrastructure to be installed as part of a capital improvement project or other means of funding, like the establishment of a public improvement taxing district (PID) or impact fees to fund the installation of master planned utilities infrastructure in this area. This alternative may delay this project in the short term but could establish a viable long-term funding option for the installation of new wastewater utilities infrastructure within the City Limits. FISCAL IMPACT: The total requested reimbursement amount for the reimbursement agreement is $133,620 from the Sanitary Sewer Collection Line Trust Fund. The expenditures for this project are a one-time cost and are not associated with any other projects. The Utility Trust Funds receive monthly deposits generated from Lot and Acreage Fees, Pro -rata Fees and Surcharge Fees that are charged during the platting process. Over time the fees collected and deposited will replenish the Trust Funds and enable other developer -initiated water and wastewater infrastructure projects to be reimbursed. Section 8.5.2 of the UDC authorizes the redistribution of monies between the four trust funds, after a public hearing, in order to reimburse the developer for projects that exceed the current balance in any single trust fund. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project# (CIP Only): Account: Fund: Organization/Activity: Mission Element: Project# (CIP Only): Account: 4220 Sanitary Sewer Trust Fund 21801 Sanitary Sewer Collection Line Trust 777 N/A 540450 Reimbursement to Developers 4220 Sanitary Sewer Trust Fund 21800 Sanitary Sewer Trunk Main Trust 777 N/A 540450 Reimbursement to Developers RECOMMENDATION: The request is in accordance with 8.5.2. Wastewater Trust Fund and the Wastewater Masterplan. The installation of the public utilities will extend wastewater service to the subdivision property and will make wastewater service available to the surrounding properties. The proposed public utilities will help foster the development of this area of the City. Staff recommends approval of the applicant's request. LIST OF SUPPORTING DOCUMENTS: Ordinance (with agreement) Presentation Certification of Funds Location Map Ordinance authorizing Wastewater Collection Line Construction Reimbursement Agreement with Mostaghasi Enterprises, LLC for a planned residential subdivision named Empire Subdivision with completion within 18 months; transferring $110,000 from the Sanitary Sewer Trunk Main Trust Fund to the Sanitary Sewer Collection Line Trust Fund; and appropriating $133,620 from the Sanitary Sewer Collection Line Trust Fund, to reimburse the developer per the agreement. WHEREAS, under the UDC, the Developer is eligible for reimbursement of the Developer's costs for the construction of the sanitary sewer collection line; WHEREAS, the Developer has submitted an application for reimbursement of the costs for installing the collection line; and WHEREAS, it is to the best interest of the City that the wastewater collection line be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, after a public hearing pursuant to UDC §8.5.2.I, City Council finds the transfer of $110,000 from the No. 4220-21800 from the Sanitary Sewer Trunk Main Trust Fund to the No.4220-21801 Sanitary Sewer Collection Line Trust Fund is necessary to better carry out the purposes of this Unified Development Code. 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 a Wastewater Collection Line Construction and Reimbursement Agreement attached hereto, with Mostaghasi Enterprises, LLC for the construction and installation of a master planned 10 -inch collection line associated with the development of the platted property known as Empire Subdivision, Corpus Christi, Texas. SECTION 2. Funding in the amount of $110,000 is transferred from the No. 4220-21800 Sanitary Sewer Trunk Main Trust Fund to the No.4220-21801 Sanitary Sewer Collection Line Trust Fund. SECTION 3. Funding in the amount of $133,620 is appropriated from the is appropriated from the No. 4220-21801 Sanitary Sewer Collection Line Trust Fund, to reimburse the Developer for the construction of a 10 -inch wastewater collection line, and construction improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, 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 2020, 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 , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 2 WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipality, and Mostaghasi Enterprises, LLC ("Developer/Owner"), a Texas limited liability company WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 30, 2019 to develop a tract of land, to wit approximately 16.39 acres known as Empire Subdivision, Corpus Christi Texas as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Collection Line"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Collection Line; WHEREAS, it is to the best interest of the City that the Collection Line be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Collection Line, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. 2. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Collection Line in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 3. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Collection Line, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: iTVM NO. DESCRIPTION UNIT ESTIMATEO. QUANTITY STORMWATER POLLU77ON 1 Pottution Pian and Information Sign EA 1 00 2 Stabilized Construction Entrance & Exit EA 1 00 3 Reinforced Filter Fabric Fence LE 50 00 4 Concrete Washout Fence EA 1.00 5 Dewatering Fence EA 3.00 6 Seed (Area of Utility Easement and Construction SY 7,200 00 Easement) SITE WORK 7 Site Preparation AC 2 50 l3 Site Grading - Regrade Disturbed area to Existing LF 1,361 00 Conditions SANITARY SEWER UTILITY 1 Sanitary Utility SDR26 10' PVC LF 1,361 00 2 Sanitary Utility Trench Safety LF 1,361 00 3 Sanitary Utility Dewatering LF 1,361 00 4 Sanitary Utility 5' Diameter Manhole with Bollards EA 7 00 5 Sanitary Utility - Tie to Existing EA 1 00 6 Sanitary Utility End Plug - 10" EA 1 00 7 Sanitary Utility Pavement Repair SF 480 00 8 Sanitary Utility Miscellaneous Items AL 1.00 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 4. SITE IMPROVEMENTS. Prior to the start of construction of the Collection Line, Developer/Owner shall acquire and dedicate to the City the required additional public utility MOSTAGHASI ENTERPRISES, LLC WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 2 of 11 easements ("Easements"), if any, necessary for the completion of the Collection Line. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 5. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC. 6. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Collection Line, under the approved plans and specifications, by March 30, 2022. 7. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 8. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 9. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Collection Line, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Collection Line under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Collection Line, under the approved plans and specifications, on or before March 30, 2022. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 10. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. MOSTAGHASI ENTERPRISES, LLC WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 3 of 11 b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 12, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 11. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. MOSTAGHASI ENTERPRISES, LLC WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 4of11 12. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Mostaghasi Enterprises, LLC Attn: Hossein Mostaghasi 8026 Bar -Le -Doc Corpus Christi, Texas 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 13. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Collection Line, contracts for testing services, and contracts with the contractor for the construction of the Collection Line must provide that the City is a third -party beneficiary of each contract. 14. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, the Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: MOSTAGHASI ENTERPRISES, LLC WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 5 of 11 (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 15. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Collection Line and the construction of the Collection Line for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 16. REIMBURSEMENT. a. The cost for the Collection Line less $26,724.00 lot/acreage fee credit is $454,633.70. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Collection Line up to an amount not to exceed $133,620.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost -supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed Form provided by the Development Services Department 2. Contractor and professional services invoices detailing work performed d. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. MOSTAGHASI ENTERPRISES, LLC WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 6 of 11 e. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Wastewater Collection Line Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and this Agreement has priority per UDC §8.5.2. E. 18. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorney's fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. MOSTAGHASI ENTERPRISES, LLC WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 7 of 11 This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 19. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 20. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 21. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 22. DEDICATION OF COLLECTION LINE. Upon completion of the construction, dedication of Collection Line will be subject to City inspection and approval. MOSTAGHASI ENTERPRISES, LLC WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 8 of 11 23. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. 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, notarized 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. 24. CONFLICT OF INTEREST Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index 25. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. Remainder of page intentionally left blank; signature page to follow. MOSTAGHASI ENTERPRISES, LLC WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 9 of 11 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney (Date) MOSTAGHASI ENTERPRISES, LLC WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Al Raymond Director of Development Services For City Manager Page 10 of 11 Mo/st.ghasi Enterprises, LLC r,1 1-� By: HosseMostaghasi Manager STATE OF TEXAS § COUNTY OF NALLets § r This instrument was acknowledged before me on k 1 1 , 2020, by Hossein Mostaghasi, Manager, Mostaghasi Enterprises, LLC, a Texas limited liability company, a Texas Corporation, on behalf of said corporation. - - - - - - - - YVONNE MUNOZ ID# 12465834-3 Notary Public STATE OF TEXAS My Comm, Exp. 08.22.2023 MOSTAGHASI ENTERPRISES, LLC WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Nota • igna Off& Page 11 of 11 PLAT -13x24 MUNOZ ENGINEERING M:\PROJECTS\L - MOSTAGHASI INVESTMENT\EMPIRE103 - LAND DEVELOPMENT\02 - PLATTING102 - FINAL\02 - DWG\PLAT - U1.DWG 0, m -ol D H 0 N 0 0I • Z - <0 0D O • v Cn c Cn 03 r— z 0 m m CD ruaserrowsmwerr 1D j cn cn 0 C12:10031 21Od 031Id mcc O z> D Z O I- 0 ZJ m z 0 CD 0 - <• 0 0 D 0 • m (n W O 1— z 0 m x 30 m cn 3H1 SIH± ' SVX3± 0 0 NJ 0 H z m z 0 z 0 cn m r- 0 0 0 0 H 0 -nm 0 m z 0 v c 0 30 N 0 N 0 3H± SIH± 30IddO m G) m 0 H 0 m z c z 0 m 30 2 z 0 z 0 0) m r- 0 -n0 m 0 m m 0 0 0 m z c z o m z 0 z 0 CI) m r- 0 0 m 0 m 0) H 1 m 0 0 m D > z0 0 z O 0 O * Wm 0 M 0 D m � O H z0 cn =m m-+ rn> z m = rT' m � x M m 0 m• e 0 m > 0 Z .H 0 = w m • m > ▪ 0 70 0 - H -<_ �m Mm D 0 0) m .03±V±S A±JOVdVO 3H1 NI aNV 03SS3HdX3 NI32d3H± SNOI±b2:130ISNO0 aNd 0 m m O m m c m� W 0 0 m� O Oz m D D c� Hm I 0 m� z= m H 0 CD TI O F m 0 0 m m 0 0 Z N o 0 z 0 m 0 m 0 H 0 m H H _ m m X m 0 c m 0 _ m m - n 0H m c 30 -o 0 m 0 0 z H m x _ m m co 0 m 30 H m H 0 H H _ m m m 0 0z 0 H m m H Z H c m D 0 m 0 H 0 _ m m 30 m 0 z 0 z 0) c m z 0 23 H z 0 z 0 m 0 z H c 2J m 0) 0 m 0 _ m m 0 m 0 z 0 z H 23 c m z 0 7J 7 z 0 z 0 _ m Cn z 0 0 m 0 H _ m 0 0 z H 0 c m Z z 0 m 0 0 z m 0 m 0) 0± N3AOId m H 0 Co m H m 3SOHM NOal3d 0± N3AO2:Id m H 0 0� m H 2 m m m 30 0 0CD m� H _ ±N3Wn211SNI 039031MONNOV a, m m TO N m m CO H _ 1N3WfH±SNI 0 z 0 m 0 0 0 0o m m 0 m m CG) (01 C.01 co) O 0 0m O n = 73 C D — 0 -< 0 D O y z Zk m 0 rn 7 ( -° i1 Co) Co) 03 H m 0 0 0 H _ m 0 0 0 _ 0) H m 0 0 0 _ m m c 30 - a 0 m z 0 0 0 0 m H O _ m 7J m z m -o 30 m 0) m 0 0 m 0 H 0 m 0 H 2 m 23 0 m z 0 00 z 0 m D 0 0) H _ m 23 m z m x m 23 m 0) m 0 0 -H 0= ( 0) cn O 00 H _ m co m _ m 0 H 0 2 m H 0 m 0 23 - a cr) coc _-< CD -_I m H m x 0) H _ m H m m 23 m O3AO2JddV `NOISIAIa9nS DNINNV1d H _ m 0 z m 37 z 0 m 30 0 m 0 _ m c CO 0 C O z 0 0 m 0 D H 0 - n 0 H 23 c H H _ m 0 z m 30 z 0 m 30 0 m 0 - nH _ m c co 0 O z 0 0 z H _ m m 73 m 0 0z 0 _ H _ m 0 rn 0 D _ 0) z m cn H m z H 30 c H m 23 m 03 0 m 2J H m H H m 0 m H m 0 0 m m 0 - nD m z 0 H m z 0 cn 0 z H31�IVHO HOA CO z 0 0 Cn =0 0 z O m Z OJ H =m m23 m -H 23-< O H 0= zH m D D O m m *_ = m =0 H =mm m O O 0-n DD-�I 1 -Ti 0 (• z� _0� zzc < �z • m� mD Co ZZZ -I 0 S3031-11\1 JO AiNf100 SVXJi dO 3lV1S co) Co) 2:133N191\13 S301A13S ±N3Wd013A30 O 0 z O 1 -<H0 ym O30 • 0 T rn CO OnZ m -D 30 m CO) JO A1Nf100 CO) 3d `N3aID 'f WVI1IIM CO') S VX3l JO 31 b'1 S 0 m m r 0 0 D 0Z m� cn m 30 0 m 0 H _ m 0 0 . 0 0 23 m c 0) 23 0) H H m H _ H _ m IVOS 0110N �130Nn N3AI0 CD z . o z 0 Cn m 1 0 0 m 0 m H _ 0) H _ m O 0 D 0 z D -I 0 Cn __ 0-I CT) Z �I rn D - �-11m 0 zx m m 0 m(/) 23 m co) co) c CO 0 C 0 30 0 m O 03 m 0 m 0 H m z H 0 0 0 301SNO0 aN`d TIONS THEREIN EXPRESSED AND IN THE CAPACITY STATED. 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BROWNLEE BOULEVARD CORPUS CHRISTI, TX 78404 TBPE FIRM No. F-12240 LAND SURVEYING AM LAND SURVEYING PO BOX 71094 CORPUS CHRISTI, TEXAS 78467 OFFICE: (361) 333-6317 FIRM REGISTRATION NO. 10194360 amlandsurveying@yahoo.com ENGINEER: THOMAS TIFFIN, PE SURVEYOR: ARTURO MEDINA, RPLS OWNER: MOSTAGHASI INVESTMENT TRUE ENGINEER PID: SURVEYOR PID: DRWN BY CHKD BY APPD BY TT RA AM DRAWING DATE: 10/2019 0 PLAT -18x24 MUNOZ ENGINEERING M:\PROJECTS\L - MOSTAGHASI INVESTMENTIEMPIRE\03 - LAND DEVELOPMENT102 - PLATTING102 - FINAL\02 - DWG\PLAT - U1.DWG 7'1 O CTI .A W ,MoTH2Dcn2I2r^r I171 --I <�Omccm- mrzrp- Zr0:c mmcnco-<=oocn =PIr<mmrn �m65 * 'O c= D O `rn C mom- DmcoDxizomcnZm Dmm<o <Ev7-m1--1�>�0OZ �_0c�0cZz1,cz. I-mmwO00 OG)-1*w Z1-0�OiaO-ioZ1Dmz DarO -Im OzZ=mm�3,mcD zZiX mmmn7m �<--,-,NM RI zzHmm 2JJc,n���o) p W Z 1 Z Z -i O� D O d n o ._°., r={rjZD*D°00m mz ) r z? 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W IC2 C17 CURVE ID CURVE TABLE -4 co �1 o Cn) CO (n 0 0) CO Cn 63.46' CO o in - CO 0 in - CP CO 4 01 i CT N A rry . O 42.85' 37.05' LENGTH 59.00' CO 6666666 O CO O CO o i 0 O i 0 O 0 O 0 O 59.00' CO O O CD o O 59.00' 0 O O 0 O co 0 O co o 0 O RADIUS 0 a) N ,4 :A W 83.98' 00) O s CCO (31 N 90.00' 59.52' CO 0 o 0) 0) N W (O O CO V (0 o ((; 0 N 87.34' CO i - 0 CD N CO 01 Co (b 0 m n S0° 02' 54"W S74° 34' 24"W ZZ CD 0 .A co CO C N55° 16' 21"E S58° 30' 58"W S16° 14' 37"E Z ° o o CN G N73° 45' 23"E 0 O 0 O N .OP CC� G S74° 48' 29"W - 0 -� �I G N57° 27' 51"E S17° 34' 18"E N84° 46' 02"W N29° 44' 18"W N8° 24' 39"E CHORD BEARING 0) 0 :11, A CO - 01 .A �1 Oa CD A (A .p N V CO CO W .1: - A CO CO W .p i A CO 0 A A O C7 (0 O 00 (0 0 0 4 A -s CO W -s 0 CO o CO .a. Co Cn CO 0) - 0) CHORD LENGTH C32 IC31 0 CO 0 (0 0 00 0 v C26 0 Cn 0 . 0 CO 0 N C21 0 CD 0 CO 0 00 C17 CURVE ID CURVE TABLE 40.80' i i Co Ni i i Co N .� 0 0 w .- N i (31 - i o (0 _, 0 00 40.75' i i co 0 i i co A r40.75' CO i N 15.71' i o CO i cn i - i o CO LENGTH (T CO 0 59.00' 59.00' (T CO 0 0 20.00' 10.00' 59.00' 59.00' 0 CD q 59.00' Na 0 0 0 O o 0 O RADIUS 39.62' 109.95' 109.95' CO CO 01 N CO O O co 90.00' C31 CO in N CO CO in -4 109.84' -s 0 O 0) CO CO in -1 CO O o 0 CO 0 O 0 CT CD it N CO O O O 01 CO CT N DELTA ( o P. 0 in S63° 46' 47"W z 0) 0 i 0) CO N68° 28' 00"E S16° 14' 37"E N73° 45' 23"E z 0 0 _,N) S10° 58' 41"E S63° 43' 31"W z 0 0 i0 (p N LN68° 29' 26"E S73° 45' 23"W N16° 14' 37"W S58° 30' 58"W N73° 45' 23"E z -.0 o N CHORD BEARING CO CO O CO CO CA in W CO 0) 0) CO CO O in O N (0 N CD . •A. A CO C0 CO Co C0 C0 A CO 0) (31 0) Cfl CO �1 0 Co (0 CD A N 03 N Co --, ? A Co O CO 4 A (0 CO CO CHORD L LENGTH IC44 0 W C42 IC41 0 0 039 0 0) 03 C37 C36 C35 C34 0 W 0 _ C CI < m CURVE TABLE 57 ._. 5'1 i (1 i 51 i 51 i 51 i 5 0 0 10.39' 15.72' O c(0o Co c0 ()1 J i LENGTH i CD299999992229 O O i o o i O O i O O i o o i O O i O o i O O i O O i O o i O o i O O O C co 0 666666 o o O O O O o O O O O 89.95' 59.52' O O CT (0 in N 59.52' O O 0 DELTA N73° 45' 23"E N16°14' 37"W S16° 14' 37"E S73° 45' 23"W N73° 45' 23"E Z (A w V CD 3 o .N m S58° 28' 05"W N73° 43' 56"E N1° 03' 05"W S58° 30' 58"W S16° 14' 37"E CHORD BEARING 4 4 4 14.14) A 4 11 A -11-11 4 .S 4 CO (0 W -_,. 0] co io 03 0 W A -P CHORD LENGTH cn m m m z cn z 0 m m -o z 0 m cn K m m zz m r z < mm BROOKLAKE ASSOCIATION, INC 4.39 ACS OUT OF LTS 19 & 28 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC. 2019012013, O.P.R.N.C.T. 0 -1 m z m rX m m 30 -FOOT RIGHT-OF-WAY DOC. 2019030238 D.R.N.C.T N28° 45' 23"E 384.13' AMETRINE DRIVE 59 -FOOT PUBLIC ROAD RI O N28° 45' 23"E 100.00 0 R50 / N �ODw Immo N 0 D X - O00 c OD = m C 0 O z Noff v > (7) -I--G 0)15' UE 20 15' YR I -r) 8,206 SFT 1 1 mA 1 I0 Ic 11 N N 0 R50 w O W < 0 Om z D I mO D 1 w D M zc b N 1 1 0 0 120.00 19 6,480 SFT 4. 0 O O 120.00 18 6,480 SFT 0 0 01 4) 0 120.00 17 6,480 SFT (T 0 O 1 7.5' UE N 0 (n 0 O 120.00 16 6,480 SFT o co CT CT O o 01 01 0 0 120.00 15 6,600 SFT 120.00 14 6,600 SFT 120.00 13 6,600 SFT 1 1B: 1c -J m CO CO R5o 7.5' UE 10 O O 120.00 12 6,600 SFT 01 (T 0 O 'I 120.00 IT 11 cn 6,600 SFT II o O N 7.5' UE 01 Cn O O 120.00 10 6,600 SFT cT CT O (n (T O 0 r1 N c cn cn0 O 120.00 9 6,600 SFT 01 CT O 0 120.00 8 6,600 SFT N 01 RSO CO 7.5' UE CA) CO N Co Z 0 c •-1 N V 7.5'UEJ (T O 120.00 7 6,600 SFT (n CT 0 O cn CJt O O CP cn 1 O O (n cn O 120.00 6 6,600 SFT 120.00 5 6,600 SFT 120.00 4 6,600 SFT cn CT O co Z .11 Oa CV iHT-OF-WAY VOL. 1546, PG 949D.R.N.C.T N28° 45' 23"E cn w m 0 N 0 w w z CA 40.00 0) N co cn CT N 1 25' YR O co EE O L 10'UEJ- N O 0 O 65.00 O criN 0) 25.67 / N T c" 0 0 n)8 m ATHENIAN COURT ,5)6,9 9 C34 25 67 89.13 (p 15' UE/YR U' o N (n�„) cncn nim 10' UE O 0 0 0 w w w 03 M 23 5'EECDN 25' YR O Cp CT N 1.0 03 m N 0 0 O 10' UE GO Co cn 60.00 v V O z O 0) W o N (0 w 0 1 25' YR Q 5' EEO m 65.00 co al co CO 0) 0) m -- � 25.64 .0101 0 m m AUSTRIAN COURT q<O 03 CO q0 89.13 Car C 11)69 3j 25.69 Z - \ c9 N- - C - - I 5'EE0 1 25' YR O 00 3 W N m 0 0 Cat N 0 O 0 v a) 0 0) m 0 m _C? 0 '1 '/ 15' YO Rm 1 25.87 00m 03 w w 0 BROOKLAKE ASSOCIATION, INC 41.68 ACS OUT OF LTS 17, 18, 19, 28, 29 & 30 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC. 2014001846, O.P.R.N.C.T. 30 -FOOT RIGHT-OF-WAY DOC. 2019030239 D.R.N.C.T 3I,L£ .tib 0I 9S 0.1 w a) N 00 30 -FOOT R GHT-OF-WAY VOL 1546, PG 948 D.R.N.C.T r m 0) 0 0 -o N28° 45' 23"E 264.00' 15' UE CO to w m V m � I l0 I W N O O 01 M. 60.00 N 0 G.) m M. 55.00 O a m 25' YR O 01 5' EE Z cA A W v 60.00 0 `ft 50.00 -60.00- - - - 60.00 - - S28° 45' 23"W Qo N 01 01 - 50 00 2525 I0 IR --7.5'UE o Ia IR 25' YR it c0i1 cn O TANZANITE DRIVE N3 o CID 7.7 CT cn o co 120.00 3 6,600 SFT 01 (n 0 01 01 0 120.00 2 6,600 SFT C31 cs1 o co to 120.00 N r' 1 cn 8,979 SFT 0 25' YR 10, O m11 L -110.00 mL� N28° 45' 23"E 04'O 1m 0) (T O z 0) 0) I73 O O (T 25 Z 0) W - 50.00 ,/ 0 _o MEDIAN DRIVE S28° 45' 23"W lI-110.00 i mi�T s UE/YR 0 1 12 o f 1 8,379 SFT of I m 1 1 120.00 110.00_ , -T Tl 0 1 11 0 8,379 SFT 1 i o 1 0 120.00 II I 01 11 g I 7,200 SFT 1 1 120.00 ii rn 0 2 • imlo 0 7,200 SFT I. I Ilo 120.00 11 1 m ILII <1' 0 3 1'1 0 0 7,200 SFT 1 1 0 I 01.,m110 () g 101 7,200 SFT 1 1 1 120.00 120.00 1 fl' II 1 0 II 0 o f 9 i 0 1 1 7,200 SFT w 120.00 . 111 I' O 4 I° 0 7,200 SFT 1 1.8 120.00 ii 11;21 0)1- I(A 01 8 0 11 7,200 SFT 1 1 I 120.00 11 1 16) 0 5 10 g 7,200 SFT 1 10 I I 120.00 1 II I 01 1 7 o I 1 8,379 SFT L) T - 10• UE/YR 110.00------110.00--� I II J 6 1 to O 0 8,379 SFT 1 I 0 jJ S28° 45' 23"W TANZANITE DRIVE -r1,8 (31 . S28° 45' 23"W 10' UE cri 55.00 qc 76.70 ina 55.00 cn 55.00 55.00 55.00 0 01 I co 1N3 Jfl .LSNl2.LV Vd PLAT OF EMPIRE SUBDIVISION CORPUS CHRISTI, NUECES COUNTY, TEXAS CD 55.00 55.00 S28° 45' 23"W DORSAL DEVELOPMENT, LLC. 69.812 ACS OUT OF LTS 22, 23, 24 & 25 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC 2013003716, 0.P.R.N.C.T. 55.00 63 88.47 -I M„L£ .i4 01.9N 0 0 \,0 m // '\30 / /Gd 149.68 15' UE c.9 1 cl ml � I Sag° 48, osovv 124-80 O CO 30 -FOOT RIGHT -OF - DOC. 375580 D.R.N N rn 03 C -n (n m �O In -•10 0z 0x X --I m E0 - r z 0 m -I 0 r- 0 0 0 7 N O r co m -Oz2000) C7 O 7.71 m °' CO wc)moo n� 0 2 D r- r m r r m 70. 61.63 66.50 P. 125' YR C:11 73 co oo H 01 -IV CI 50 00 257(-25 GO 0 Co CO up LI 7.1 cn cn fel Co 15' yR Fin c 42, 1 pi 18 71 .c0 K 90 Dr zc0 TI DQ°O 0mrn Z CD Eli m r- " Eic> 0 71 03 61.63 CD 03 1 71 25' VW: - S28° 45' 23"W oa L C79 CO 55.00 648.13' 5' EE 55.00 55.00 ni 03 ME MUNOZ ENGINEERING CIVIL•STRUCTURAL•MARINE TOPOGRAPHIC SURVEYING OFFICE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TX 78404 TBPE FIRM No. F-12240 AM LAND SURVEYING AM LAND SURVEYING PO BOX 71094 CORPUS CHRISTI, TEXAS 78467 OFFICE: (361) 333-6317 FIRM REGISTRATION NO. 10194360 amlandsurveying@yahoo.com 0 0 cn o 90 NJ m 01 C 0 m 0 Will 3a IN>IIA 70 ENGINEER: THOMAS TIFFIN, PE SURVEYOR: ARTURO MEDINA, RPLS OWNER: MOSTAGHASI INVESTMENT TRUS ENGINEER PID: SURVEYOR P ID: DRWN BY TT CHKD BY RA APPD BY AM DRAWING DATE: , 1o/2019 L2 LINE TABLE LINE ID LENGTH BEARING 17.52' CD 10.00' N28° 45' 22.73"E 10.00' N28° 45' 22.73"E 9.67' I S28° 42' 30.00"W Z N28° 45' 22.73"E 0 ME MUNOZ ENGINEERING CIVIL•STRUCTURAL•MARINE TOPOGRAPHIC SURVEYING OFFICE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TX 78404 TBPE FIRM No. F-12240 AM LAND SURVEYING AM LAND SURVEYING PO BOX 71094 CORPUS CHRISTI, TEXAS 78467 OFFICE: (361) 333-6317 FIRM REGISTRATION NO. 10194360 amlandsurveying@yahoo.com 0 0 cn o 90 NJ m 01 C 0 m 0 Will 3a IN>IIA 70 ENGINEER: THOMAS TIFFIN, PE SURVEYOR: ARTURO MEDINA, RPLS OWNER: MOSTAGHASI INVESTMENT TRUS ENGINEER PID: SURVEYOR P ID: DRWN BY TT CHKD BY RA APPD BY AM DRAWING DATE: , 1o/2019 APPLICATION FOR WASTEWATER REIMBURSEMENT We, Mostaghasi Enterprises LLC, a Texas limited liability company , owners and developers of proposed Empire Subdivision, whose address is 8026 Bar -Le -Doc, Corpus Christi, Texas 78414, hereby request reimbursement of $133,620.00 (total reimbursement request, less lot acreage fee credit) for the installation of the waste water collection line in conjunction with said development, as provided for by City Ordinance No. 17396. $454,633.70 is the construction cost, including 10% Engineering and Surveying, as shown y the cost supporting documents attached herewith. ,,(// Hossein Mo . ghasi, Manager Date Mostaghasi Enterprises LLC. THE STATE OF TEXAS § COUNTY OF IgV- This instrument was acknowledged before me on 1,1 day of tit , 2020, by Hossein Mostaghasi,Manager of Mostaghasi Enterprises LLC., a Texas limited 9 liability company, on behalf of said company. Notary YVONNE MUNOZ ID# 12465834-3 Notary Public STATE OF TEXAS My Comm. Exp. 08-22-2023 Exhibit 2 ublic in d for th of Texas APPLICATION FOR WASTEWATER CREDIT We, Mostaghasi Enterprises LLC, a Texas limited Liability Company , owners and developers of proposed Empire Subdivision, hereby apply for $26,724.00 credit towards the waste water acreage fee for the wastewater collection line in conjunction with said subdivision as provided for by City Ordinance No. 17396. $454,633.70 is the construction cost, including 10% Engineering; and Surveying, as shown by the cost supporting documents attached herewith: --V Hossein Mostaghasi, Manager Date Mostaghasi Enterprises LLC. THE STATE OF TEXAS § COUNTY OF Oatie() § This instrument was acknowledged before me on 11 day of i 19V , 2020, by Hossein Mostaghasi, Manager, of Mostaghasi Enterprises LLC., a Texas limited liability company, on behalf of said company. 4i 1 �aRY•.., YVONNE MUNOZ > �� ,..,...,....=;> ID# 12465834-3 * , * Notary Public ' .... �:' STATE OF TEXAS rFQF„• r My Comm. Exp. 08-22-2023 Exhibit 2 REVISIONS NO. DESCRIPTION BY APPR DATE MUNOZ ENGINEERING, LLC © 2020 (M:\Projects\L - Mostaghasi Investment\Empire\04 - CIVIL\01 - DWG\03 - WW PLAN\C0010 - COVER.dwg) 1 1 1 Zi769-988 - SAVa11OH GNV S) VGN33M WdL H31dV HO oo= 41• a) Owm -N3 �Ag cn o Jron - b m3b �y ism+�rxr�a��i:r�:rz�nr•��soxrni:rx�ia��izi 'HDNMO Ainafl Hl THE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITH . DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OF cm -HO F = _ mcn m - r � O O D Ti O GG)) O • 0 Z ZZ O 0 z 0 - C • z O 0 z m CD 73O 73 73 0 0 O C 00 zy z 0 D co 0 m 0 0 0 z 0 D m m H 0 D H m D rn H D m m 0 m H 0 D r r m D z m 0 cncD r m z 0 0 m 1N31N1HVd34 S3I111Iln 00 N 0) 00 CO ONIH33NION3 DIddVH1 CO N rn N 00 (0 00 U1 w 0) (0 03 00 01 (0 N 1N31N1HVd34 SVO 00 GD 01 6) CO O O S30IAH3S 1V1N3WNOHIAN3 00 N rn O rn 0) S30IAH3S ONIH33NION3 S30IAH3S 1N31NdO13A34 00 rn O) N 0 CO N rn N 00 (0 I1 m 0 70 m 0 00 N rn O) CO O O ' I1SIHH0 SldHOC JO AlIC 3HI 0 C) z 0 1211 70 m 0 REIMBURSEMENTS THROUGH AN AGREEMENTS WITH 1-6 :Jl3N3ON3W3 32:IV SDNIMVHa NolionHISNOC 3S3H1 13V1NO3 1V1:13N39 z 11 O 70 O z CA) 0 z C O z 0 11 m Z o 0 rn 0 z SIN : 1voS J �m O- � H m o � 0 O )4 D m > n m zH • 70 0m c� no O 70 Oz G) D 0 D I1 70 0 03 0 (n 0 3H1 ONV 1N3 NThVd3a NO1103dSNI )110 3H1 Ad11ON 11VHS HO1OVHIN00 3H1 O 0 O) O O 00 0 m () z 0 11 0 0 z m m Z 0 m o O N o coD 0 1 31VM31SVM :1S311o3>1 IN3VV3SW18VV132:1 . NO110nHISNO0 ANV ONION31NIN00 01 HOIHd 3A08V a31VOIGNI THE FOLLOWING IMPROVEMENTS ARE WITHIN r z 0 30 m z G) 0 0 -oc m D :JAB CIDADAHnS 32BM SNOIIIGNO0 ONI1SIX3 3H1 n O 0 • z O 7J z c 0 o -1 � O D �( mrn mm Z 0-1 • > 0 m Zrn � m m� O z mH mw — I 71 O W nlva la3 ro2Id N CONTRACTOR TO ABIDE BY REQUIREMENTS OF ' NOISIAIa8nS 3HId1A13 3H101 a31V13H SI 103f 0Hd ' S±N3VV2AOHdVVI a3SOdO2:1d ?:13H10 JO 7v 0 rn Cn rn m G) r v rn (1) 0 0 z C ;U OJ > o w0 O w Z -n m O 33 C7C O 1- Z� cm C� n0 Om Z D rn zz oH rP O m C) D -0�_ O7' z m m 0 0 m 70 0 m m D m 0 30 m c m n z m 30 n ci z G) m m 01 D m NOI1VAVOX3 70 z m D 0 z� O m D m n c m - o m 0 I 0 H ;o D w r r 0 0o m m m z AVM-d0-HDIH 0118nd omo z O m 3J n m 0 �z 0 rn n 0 z 0 0 30 0 70 11 rn 30 0 rn 0 0 z 30 C 0 O z HOd 30VdHnS 30VdHnS 70 D z G) m 0 m -o co X D D 0 z m z 0) z 0 0 - o m 30 0m 70 O m z 30 z 1IINH3d V z 2 m . AVM-d0-1HDIH 0118nd ANY PERMITS THAT ARE REQUIRED. D 70 m m 70 z G) z D z n D 0 CO z 70 0 0 O 0) 0 m 0 0 z co z 0 m 0 z m 0 z 0 - 0 7v O m 0 v rn (1) 0 - 0 0 z SIN ONIH33NION3 ZONnIN 0N3 133rO2Id z m m 70 . 0N1 `S3SIHdH31N3 ISVHEVISOIN 1:13NMO l33fO2Jd m D - o 0 0 -H 0 00 z m 0 0 00) 2 0) c 0 0 z r 0 C) 0 z O c_ m n 7:1 z O O z C-563 STANDARD WASTEWATER DETAILS (4 OF 4) Lin 01 N C-561 STANDARD WASTEWATER DETAILS (2 OF 4) C-560 STANDARD WASTEWATER DETAILS (1 OF 4) 1 �� N O N N CU220 WASTEWATER PROFILE (1 OF 2) CU111 WASTEWATER UTILITY PLAN (2 OF 2) CU110 WASTEWATER UTILITY PLAN (1 OF 2) O C030 GENERAL NOTES (3 OF 3) CO20 GENERAL NOTES (2 OF 3) O C001 COVER Sheet Number SHEET INDEX STANDARD WASTEWATER DETAILS (3 OF 4) EROSION AND POLLUTION CONTROL DETAILS WASTEWATER PROFILE (2 OF 2) GENERAL LEGEND & ABBREVIATIONS GENERAL NOTES (1 OF 3) Sheet Title 0 0 CO 0 O W z 6) 0 EMPIRE SUBDIVISION OFF-SITE WASTEWATER IMPROVEMENTS COVER 0 D o• a• Z • • CD � FFR' z 11>>xx.••• 0 0 0 z ME MUNOZ ENGINEERING CIVIL•STRUCTURAL• MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240 PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 DRAWN BY: RR CHK BY: TT APP BY: RMIII SCALE: AS NOTED DATE: APRIL 2020 C7 -0O c � W C n cn -0 73 0 z � "' z mo cn cn rn n m O E c CO zc%.4 (71) m cn S1N2IN2AOIdII'J mz -cp cno cz t< g0o y Z Z O 70 REVISIONS NO. DESCRIPTION BY APPR DATE MUNOZ ENGINEERING, LLC © 2020 (M:\Projects\L - Mostaghasi Investment\Empire\04 - CIVIL\01 - DWG\03 - WW PLAN\C0101 - NOTES, CO201 TESTING, C0301 LEGEND.dwg) 3H±'±I1(\1H3d 1V1N3WNO2IIAN3 213H±O 21O ±I1A1H3d (300) SH33NIDN3 dO SdHOO AlNHV .S.fl V A8 a3±V1fO321 SI 103(Oeld 3H1 dI :30110N OWNER RESERVES THE RIGHT TO REJECT ANY PROPOSED SUBSTITUTION IN FAVOR OF THAT SPECIFIED. PROTECTION OF VEGETATION AND ENVIRONMENTALLY SENSITIVE AREAS SUBMIT ANY PROPOSED SUBSTITUTIONS TO THE ITEMS SPECIFIED HEREIN OR IN THE SPECIFICATIONS. 'S±N3W3H1l03H THE OWNER'S REPRESENTATIVE. STATE OF TEXAS CERTIFYING THAT THE PRODUCT MEETS ALL APPLICABLE DESIGN CONDITIONS AND CONFORMS TO GOVERNING CODE A8 G3AOHddV HO G310N 3SIMH3H10 SS37Nf1 `NOI±Ol21±SNOO DNIHfG G3H3±Nf100N3 3HV ±VH± NIVW3H 0± 3HV ±VH± S±N31N3AOHdLNI MNI±SIX3 77V NOIIVOO1 GNV `NOI±VA373 'NOI±I0N00 1VNIDIHO 0± 3H01S3H GNV `30V1d3H `3AO1A13H 77VHS HO±0V211N00 3H± 10.2. REPAIRS TO THE SYSTEM SHALL BE COMPLETED AS SOON AS PRACTICABLE BY A LICENSED IRRIGATION SYSTEM INSTALLER. 'NOI±IGNOO W W W N (n C 0 D r (n m 0 m 0 D (n H 0 m m m D W 73 H m 0 D (n (n m r m (n (n D r r m D 73 H m (n m D r 0 m D m z 0 Z m m r_ m z (n m 0 0 D 0 H m z H m .S30NVN3±HflddV aNV '313210N00 `SDNlllld `S3A1VA '3dId :0± 03111A11110N ±f18 DNIGf11ONI - X1171±(1 H3±VM .S30NVN3±HflddV aNV '313210N00 `31VHO/H3A00 GNV 3 NVHd `S137NI `S37OHNVIN `3dId :0± a311W17 ION ±f18 MNIGf170NI - X1171±(1 H3M3S WHO±S 'HOIOVH±N00 INSTRUCTIONS FOR THE FOLLOWING: 3H± A8 G31a3W3H DN138 30V1A1Va ANV H1IM 'S±N3W3A0HdW1 G3S0d0Hd GNV `S±N3W3A0HdW1 DNI±SIX3 `X±H3d0Hd 3±VAIHd SUBMIT DESCRIPTIVE LITERATURE, BULLETINS, TECHNICAL DATA SHEETS, MATERIAL SAFETY DATA SHEETS (MSDS), AND INSTALLATION THE CONTRACTOR WILL BE SOLELY RESPONSIBLE TO PROVIDE ALL REQUIRED EQUIPMENT AND PERSONNEL TO PREVENT DAMAGE TO .SMNIMVHa NDIS30 FACILITATE ANY WORK TO PREVENT ADVERSE DRAINAGE ISSUES. SHOP DRAWINGS SHALL PROVIDE SUFFICIENT DETAIL TO PERMIT PLACEMENT OF THE REINFORCEMENT WITHOUT THE USE OF THE 91 THE CONTRACTOR SHALL TAKE SPECIAL CONSIDERATION PRIOR TO REMOVING A PORTION OF AN EXISTING DRAINAGE SYSTEM TO INFORMATION ON THE SHOP DRAWINGS. .H3NMO X11711(1 3H1 THE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITH • • DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OF UTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION. m 0 H m r O 0 D H Z 0 D z 0 D z 0 m C z 0 m 0 C z 0 D z 0 D W 0 m G) 0 c Z 0 D cn m D m H 0 D H m 0 snD H D m m 0 m H D r r m D z (n 0 OD (n W r m Z 0 0 m BE INCIDENTAL AND NO SEPARATE PAYMENT SHALL BE MADE. 3H101 G30N3H3d3H SI HOIHM `7331S MNI0H0dNI3H 77V HOd S1V1H31V1A1dO 1118 3±31dW00 V 3Gl70NI 77VHS SMNIMVHG dOHS CO CO -D cn G)=ODDDTm� xi m< z o m m D c 0 0 0 0 0 - H c O m O H m 0 o c H Z H Z z D c =�7H >i—y(mn m 5 I c r> W 0 0 D H m Z H z m m co 0 0 m H 0 z�* omc0i�O0= o (n Z 0 D 0 T7 O m 0 1 m Dccn mr�O0G7rJ� 0 r z O Z 0 H 0 m m 0 H D O O D m r 0 if 0 m o O O cn- D H m m r m z O Z -< H z C7 (n m O wmDO1D Or D H D Z D m -a 2ao<�D-1D� mr z m v O O 0 = < m m Z H O p= E m C 0 I �] H z 0 Z c m m = - m z m m o m 7-, m m mm O m < m m m0 M r O H m 0< oM m m m * zw O z m W m 0 0 m D m m 0 70 O > O m z = 0 r no 0 H 0 Z H m o_1 0 Z o rn W Oo z D 0 (n D m c M H 0 -< m o m c n I C X p m m 0 m O m_< Z - z o m 0-H 0 m 0 D z H m 2 c(n00 0 Um0m TJ 0 Z 2j m m m E D O HPmmZ=y m< Om 7 r X D = 0 0 Cr p= Oz 0 r r D M rD O (nm _ I- r I— r r -< SUBMIT REINFORCING STEEL SHOP DRAWINGS DETAILING REINFORCEMENT FABRICATION AND BAR PLACEMENT. FOR EACH TYPE OF FILL MATERIAL TO BE USED. SUBMIT GRADATION, ATTERBURG LIMITS AND MOISTURE DENSITY CURVES FOR EACH TYPE OF EXISTING SUBGRADE ENCOUNTERED AND ar :3AI±V±N3S1Hd3H ASSOCIATED WITH THESE ITEMS NOT COMMENCING UNTIL THE SUBMITTALS HAVE BEEN REVIEWED AND APPROVED BY THE OWNER'S THE FOLLOWING PARTIAL LISTING OF SUBMITTALS SHALL BE FORWARDED TO THE OWNER'S REPRESENTATIVE FOR REVIEW WITH ANY WORK S1N3IN321If1b321 1V11IW8fS 'SONIMVHG NOIS3G THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL EXISTING ABOVE GROUND UTILITIES, UNDERGROUND FACILITIES, THE SHOP DRAWINGS SHALL PROVIDE SUFFICIENT DETAIL TO PERMIT PLACEMENT OF THE REINFORCEMENT WITHOUT THE USE OF C H r m 0) INFORMATION ON THE SHOP DRAWINGS. rn m r �7 0 O D O > H cn m m Z n m ;0 G) cn C) 0 0 �(n 51) CD C mO m U z G) co > Z 0 m D(zi> m T O 2 0 (n m 33 m -1 m z (n 0) D r r co m z 0 m m 0 Z 0 < 0 c D r r 0 m cn z c m r O 0 D O z 0 m CA 3H± NI G30N3H3d3H SI HOIHM `1331S MNI0H0dNI3H 11V HOd S1V1H31V1A1dO 1119 3±31d1A100 V 3Gf17ONI 11VHS SMNIMVHG dOHS CT) SUBMIT REINFORCING STEEL SHOP DRAWINGS DETAILING REINFORCEMENT FABRICATION AND BAR PLACEMENT. CERTIFYING THAT THE PRODUCT MEETS ALL APPLICABLE DESIGN CONDITIONS AND CONFORMS TO GOVERNING CODE REQUIREMENTS. .SNOILV7f103H 7VH303d CSi CSi W N SUBMITTALS FOR PREFABRICATED ASSEMBLIES SHALL BEAR THE SEAL OF AN ENGINEER LICENSED TO PRACTICE IN THE STATE OF TEXAS aNV `31V1S '1V001 11V MO -110d 0± SI H0±OVH±N00 3H1 `103COHd SIH± INOHd ±7f1S321 SV3HV 3OHf10S 1VIH3±VIN HO SV3HV 3±SVM d1 MATERIAL INFORMATION SHALL INDICATE THAT SPECIFICATIONS ARE MET OR EXCEEDED. STORED AT A LOCATION THAT IS SUITABLE FOR THE OWNER'S REPRESENTATIVE. '3GVW 19 NVO 1N3WISflf aV WILL BE USED ON THE PROJECT. MATERIALS THAT ARE DEEMED SALVAGEABLE SHALL BE HANDLED BY THE CONTRACTOR IN A MANNER TO PREVENT DAMAGE AND SHALL BE IN THE EVENT THAT A UTILITY LINE NEEDS TO BE ADJUSTED, THE CONTRACTOR SHALL COORDINATE CONSTRUCTION SO THAT THE ±VH± S1VIH3±VW H3H10 GNV '±N3lN3AVd `531±1111(1 H3±VM `531±1711(1 H3M3S INH01S `53111711(1 H3M3S XHV1INVS HOd SNOIIOflH±SNI FROM ENTERING OCCUPIED AREAS OF ADJACENT BUILDINGS OR FROM DAMAGING EXISTING ITEMS THAT ARE TO REMAIN. DISCREPANCIES SHALL BE PRESENTED TO THE ENGINEER FOR REVIEW PRIOR TO PROCEEDING WITH WORK. NOI±V11VISNI aNV `S133HS V±Va X±3dVS 7VIH3±VIN `S±33HS V±VG 1VOINH031 'SNIl311l8 `321f1±V213117 3AI±d1HOS30 1VIH31VIN 1IW8fS THE CONTRACTOR SHALL TAKE NECESSARY PRECAUTIONS AND METHODS TO PREVENT THE SPREAD OF DUST AND/OR OTHER DEBRIS m D 73 m Z 0 11-1 w Z 0 m m 0) 0 0 Z z = CO m m > 0 D z O O c cn z 0 c m 0 DJ m 0 0 m m 0 z G) m r m O z (n 0 m m x Z 0 r m (n S D 0 m m m 0 2 0 m MATERIAL SUBMITTALS SHALL BE PROVIDED TO THE OWNER'S REPRESENTATIVE FOR REVIEW OF MATERIALS TO BE USED ON THE PROJECT. WELDING OR CUTTING STEEL WITH A TORCH IS NOT PERMITTED UNLESS APPROVED BY THE OWNER'S REPRESENTATIVE. D Z 0 m m 0 m D r m 0 c r O z D m (n O r m m x m m z (n m 0 m m 0 0 z D 0 0 'GIHIONVaN3 4, CEASE OPERATIONS AND NOTIFY THE OWNER'S REPRESENTATIVE IMMEDIATELY IF ADJACENT IMPROVEMENTS APPEAR TO BE CONTRACTOR'S FAILURE TO VERIFY THE ACTUAL CONDITIONS AND FAILURE TO NOTIFY THE ENGINEER AND OWNER. CONTRACTOR AT NO EXPENSE TO THE PROJECT. W NOTICE: THE OWNER AND ENGINEER SHALL BE INDEMNIFIED OF PROBLEMS AND/OR COSTS WHICH MAY RESULT FROM THE WITH MANUFACTURER RECOMMENDATIONS. 0 O Z rn c O z 0 0 c m z 0 2 z m D m r D m 0 c_ m 0 ANY DAMAGED MATERIALS SHALL BE PROMPTLY REMEDIED BY THE CONTRACTOR AT THE CONTRACTOR'S SOLE EXPENSE IN ACCORDANCE w W N AND ANY ADVERSE ENVIRONMENTAL EFFECTS. DAMAGE TO ANY PORTION THAT IS TO REMAIN SHALL BE REPLACED OR REPAIRED TO A LIKE OR BETTER CONDITION BY THE MANNER THAT IS CONSISTENT WITH INDUSTRY STANDARDS. DEMOLITION SHALL BE COMPLETED IN A MANNER THAT WILL NOT DAMAGE THE PORTION THAT WILL REMAIN AND SHALL BE DONE IN A `S1VIH3±VIN 0± 3DV1A1V0 `S±N3GIOOV ±N3A3Hd 0± 03±O310Hd SI ±VH± V3HV NV NI a31VOO1 38 11VHS GNV SNOI±VOIdI03dS 103COHd 'NIVWIH 01 MATERIALS THAT ARE TO BE STORED ON-SITE SHALL BE STORED IN ACCORDANCE WITH THE MANUFACTURER RECOMMENDATIONS AND CUTS SHALL BE VERTICAL AND TO A DEPTH THAT WILL ALLOW THE PORTION TO BE REMOVED WITHOUT DAMAGING ANY PORTION CONDITIONS VERSUS THE DATA CONTAINED IN THE CONSTRUCTION DRAWINGS PRIOR TO CONSTRUCTION. THE OWNER RESERVES THE RIGHT TO REJECT ANY PROPOSED SUBSTITUTION IN FAVOR OF THAT SPECIFIED. ITEM IS TO REMAIN, UNLESS OTHERWISE INDICATED BY THE OWNER'S REPRESENTATIVE. COSTS ASSOCIATED WITH THE CHANGE BEING THE RESPONSIBILITY OF THE CONTRACTOR. DEMOLITION OF EXISTING IMPROVEMENTS SHALL BE PERFORMED BY THE CONTRACTOR BY SAW -CUTTING AT THE POINT WHERE THE m r m O Z m r m 0 z m m c m 0 0 m 0 0 S D m z D Z 0 D 0 D 0 m z 0 cnm m RESPONSIBILITY OF THE CONTRACTOR AND SHALL BE SUBMITTED TO THE OWNER'S REPRESENTATIVE FOR APPROVAL, WITH ALL NOI±I10W3G D c CO C) -I = m Z 0 Z m O O m 0 _ < 0 m D 0505 z m (n m m O C m D co 0 m >O D 73 0 D m D0 0 D m 0(n m m Z m T> 0 ny r r D m H m 0 � D Z -1 D m cn -o > Z 0 -1 O H c 0o m c = 0 c 0 H O m Z z (n z D m m .SNOI±V7fD321 7VH3G3d GNV `31VIS '1VOO1 H±IM 3ONVOH000V NI dO a3SOdSIa DISPOSAL OF ALL EXCESS AND DEMOLITION MATERIALS SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR AND SHALL BE N OI±O fH±S N OO N ANY PROPOSED ALTERNATIVES TO THE MATERIALS NOTED WITHIN THE DRAWINGS OR REQUIRED BY THE SPECIFICATIONS ARE TO BE UNLESS THE OWNER'S REPRESENTATIVE STATES OTHERWISE. .31IS 3H± 1V 03M071V 38 11IM EXCESS AND DEMOLITION MATERIALS WHICH ARE NOT USED ON THE PROJECT SHALL BECOME THE PROPERTY OF THE CONTRACTOR, N ONLY MATERIALS MEETING THE REQUIREMENTS OF THE SPECIFICATIONS AND REQUIRED FOR PERFORMING THE WORK ON THE PROJECT '3AI±V±NISIHd3H (n fl Z cn m 0 0) 0) W r m m O 0 0 0 m Z 0 Z 0 0 0 Z 0) C 0 O Z 0 0 m H m z m c r r 0 D H O Z H z D Z 0 D 0 D 0 m Z H H 0 H m m 0 m 0 H S1VR131VW THE PROJECT AREA SHALL AT ALL TIMES BE KEPT FREE OF DEBRIS AND EXCESS MATERIAL TO THE SATISFACTION OF THE OWNER'S EXCESS. DEMOLITION. AND SALVAGED MATERIALS 11V A8 `S3INVdLN00 X±1111(1 3±VAIHd aNV 0178nd 3±VIHd0HddV 11V ±OVINOO 0± H0±OVH±N00 3H± dO A±17181SNOdS3H 31OS 3H± SI 11 .SNOI±V7fD3H 1VH3a3d aNV '301eld lOVLIINOD 3H1 NI 0301170N1 N339 DNIAVH SV 032'3GISNO0 39 771M HOIHM dO 77V dO 1SOD 3H1 `>12'OM 3H1 Meld DNI1711S32' 013&3H1 FOR REVIEWING AND CHECKING ALL SUCH INFORMATION FOR THE SAFETY AND PROTECTION THEREOF AND REPAIRING ANY DAMAGE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION OR DATA AND THE CONTRACTOR SHALL HAVE FULL RESPONSIBILITY ADJACENT TO THE SITE MAY BE INDICATED ON THE DRAWINGS. THE OWNER AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR 0 n --I CA C3i W '31VIS '1VOO1 H±IM 30NVGH000V NI Solon GNV `S1VIH31VW DNINV37O'Salflld 11V dO 1VSOdSIG HOd 318ISNOdS3H SI H0±OVH±N00 3H± HANDLED AS SHOWN ON THE DRAWINGS OR AS INDICATED BY THE OWNER'S REPRESENTATIVE. THE CONTRACTOR SHALL PROTECT AGAINST SOIL/WATER CONTAMINATION BY UTILIZING CONTAINERS OR BARRIERS. DRAINAGE FROM ADJACENT PROPERTIES SHALL NOT BE BLOCKED AT ANYTIME PRIOR, DURING, AND AFTER CONSTRUCTION AND WILL BE SNOIIV1f1D321 1VH303d GNV `31VIS `1VOO1 H±IM 3ONVGH000V NI BY THE OWNER'S REPRESENTATIVE. ANY EQUIPMENT THAT IS LEAKING FLUIDS SHALL BE FIXED PROMPTLY AND ANY FLUID CONTAMINATED SOIL SHALL BE REMOVED PROMPTLY 03±VOIGNI 3SIMH3H10 SS31Nfl `S11OS G3N31dOS H3±VM GNV H3±VM DNIGNV±S dO 33Hd 31IS a3NIVHa-113M V NIV±NIVW 0± G3H1f103H MATERIALS, AND ANY ADVERSE ENVIRONMENTAL EFFECTS. THE CONTRACTOR SHALL PROVIDE INTERIM DRAINAGE BY MEANS OF PUMPS AND TEMPORARY DITCHES DURING CONSTRUCTION AS ANY EQUIPMENT THAT IS TO BE STORED ON-SITE SHALL BE LOCATED IN AN AREA THAT IS PROTECTED TO PREVENT ACCIDENTS, DAMAGE TO THE CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE AT ALL TIMES DURING CONSTRUCTION. .NOI±OfH±SNOO DRAINAGE DURING CONSTRUCTION ALL EQUIPMENT REQUIRED TO PERFORM THE WORK ON THE PROJECT SHALL BE IN GOOD WORKING ORDER AND MAINTAINED THROUGHOUT 213Hl10VdfNVIN .SNOI±IaNOO THE EQUIPMENT USED ON THE PROJECT SHALL HAVE ALL OF THE REQUIRED PARTS FOR OPERATION INSTALLED AS RECOMMENDED BY THE .1N31A130V7d3H H±IM G3±VIOOSSV SISO0 11V HOd 318ISNOdS3H 38 11IM H0±OVH±N00 3H1 `1N31A130V1d ONLY EQUIPMENT REQUIRED FOR PERFORMING THE WORK ON THE PROJECT WILL BE ALLOWED AT THE SITE. CO 00 THE CONTRACTOR SHALL FILL ANY HOLES LEFT WHEN BARRICADES AND SIGNS ARE REMOVED AND RESTORE THE AREA TO THE ADJACENT THE CONTRACTOR SHALL MAINTAIN EXISTING PEDESTRIAN FACILITIES DURING CONSTRUCTION. H3±dV G3AOIN3H HO `a3XOH±S3a `a3DV1A1Va 0N138 0± 3fla G3OV1d3H 38 0± 3HV .013 `SNHVW 'S3NVIS NOI±OfH±SNOO IVH± 31NIIXNV lN31Nd1f1b3 THE EVENT OF EMERGENCIES OR ANY QUESTIONS. H Z m m m 0 O m z D 0 H 0 �[7 (n D r r m (n m m D r r 0 0 Z H c 0 H O Z H D 7 m (n D Cr) m H c Z H r m c H m c (n m 0 m m (n D m D (n m D m Z 0 H THE NOTICE SHALL INDICATE WHAT DISRUPTIONS WILL OCCUR AND PROVIDE DATES AND CONTRACTOR CONTACT INFORMATION IN .H33NIDN3 210 `3AI±V±N3S3Hd3H S,H3NMO `H3NMO 3H± 01 3SN3dX3 ON 1V NOIlVf±IS 3H1 S3Id1103H HO 0OH131N THE NOTICE SHALL BE HAND DELIVERED BY THE CONTRACTOR. .3AIIV±N3S3Hd3H S.H3NMO 3H1 A8 G3±03HIG HO G3IVOIGNI 3SIMH3H±0 SS31Nf1 `±3SNfS A8 a3±31dLN00 SI 11 ±VH± OS )IHOM 3dVSNf1 NV ION SI 11 ±VH± S3±VOIGNI HOIOVH±N00 3H± 1I±Nl G3ddO±S 38 11IM a3HSI7dLN000V MNI38 )IHOM 3H± `SNOI1IaNO0 3dVSNf1 THE CONTRACTOR SHALL NOT BE PERMITTED TO COMMENCE WORK ON THE PROJECT BEFORE SUNRISE AND SHALL ARRANGE THE dO 031dI±ON SI HO S3ZIN9003H H33NIDN3 210 `3AI±V±N3S3Hd3H S,H3NMO `H3NMO 3H1 dl `213A3MOH .A8103018V 3HV SNOIIV1fO321 COMMENCEMENT OF CONSTRUCTION AND CHANGES TO THE SEQUENCE SHALL BE COORDINATED WITH THE OWNER'S REPRESENTATIVE. CO CO A SEQUENCE OF CONSTRUCTION SHALL BE SCHEDULED AND COORDINATED WITH THE OWNER'S REPRESENTATIVE PRIOR TO AND APPURTENANCES TO CONSTRUCT THE PROJECT WITHIN THE AMOUNT BID. CONSTRUCT THE PROJECT MAY BE INDICATED AND IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO INCLUDE ALL MATERIALS ALL QUANTITIES INDICATED WITHIN THE DRAWINGS ARE APPROXIMATE AND FOR REFERENCE USE; NOT ALL MATERIALS REQUIRED TO CLAIM FOR ADDITIONAL WORK BASED ON NOT OBTAINING PRIOR AUTHORIZATION. V HOd G3103C3H DN1±±3D 0±±O3C8fS 38 XVW )IHOM ±VH± `1VAOHddV 1flOH±IM S±IWI1 NOI±OfHISN00 3H± aN0X38 3NOG SI )IHOM dl _ O-) = H < _ 4 P = z 0 P m 0 0 0 o r m O O D OJ m m D 0 I O M 0 D cnc D m 9' r O O W m m cn 00 0> cn 73m -< m m 0 O m m H w m ETD °r° =�cn m m = m m 0 m z0 0 Z— xi m D W m Dzm 0 0 c < y Ti z z D 0 m 0 XI D mZ 0 m En 0 m m 0 mm m m 0 H O r > o z H cn 0 m H 0 m m 73 0 0 m 0 0 Z7 z cn m m m H O 0 z Ti V) H < c O m ; m Z m X H H H 0 >HZ 0 G) 0 r m z Z H (nv > m H 1m 71 > Z 0 v v — cn 0 -1 - O w=mZ = m m c) —Ir O c m Z Z 0 0 0 > O mZcn < j 0 _73= m D 0 r Z r - W G) z m m m -< z 0c0i�m 0 < H 0 m H -0 O 0 Ti O< W1:3 -< m -<O H m _ m m z mzm cn 0 (n > z Z m Z 0 ��m1 z>m > 0 0 Z r = r" O m Om = 0 ZZ 0 G) z 6 0 < m xz � 0� I M m 0 I M —I 0 m H Z m xi > 0 3) 0 Z O m Pi m O -< 0 (n cn H 0 0 M m m m 0 - CDm r n m m O cn Ti z cn 0 cn m H H c 0 m 0 D M-0 (3 0 0 Z X M z z m0 0 Z m THE CONTRACTOR SHALL MAINTAIN AND PROVIDE FOR SAFE AND CONVENIENT INGRESS/EGRESS TO THE PROPERTY ADJACENT TO SHALL BE APPROVED BY THE GOVERNING ENTITY. PURPOSES ONLY AND NOT FOR APPROVAL OR VERIFICATION. aNV `SDNIMVHG 3H1 `ao±nIN± 3H± HIIM 30NVGH000V NI 38 11VHS SDNI>IHVW IN31A1IAVd IN1NVINH3d aNV XHVH0d1A13± dO ±N31N3OV1d THE TRENCH SAFETY PROGRAM AND EXCAVATION PLAN SHALL BE SUBMITTED TO THE OWNER'S REPRESENTATIVE FOR RECORD POSTAL SERVICE IF AN ALTERNATE ROUTE IS NOT AVAILABLE. .DNI0N31A1W00 0± HOIHd .S1N3W3211f103H 1VOO1 aNV Cn ANY CONSTRUCTION ACTIVITIES BEYOND THE CONSTRUCTION LIMITS SHALL BE PRE -APPROVED BY THE OWNER'S REPRESENTATIVE APPROVAL FROM THE OWNER'S REPRESENTATIVE IS GIVEN. -1 0 D r r m C 0 r 0 m m 0 m Z 0 0 m m D H m Z H (n m m 0 r m m 0) D Z 0 D r r m H m m TRENCHING, PERFORMING EXCAVATIONS, AND WHEN WORKERS ARE IN TRENCHES. cn NOI±VOIdIION A1IVa 3a1AOHd 11VHS H0±OVH1N00 3H± `a3S07O GV0H 210/GNV 'a3±OfH±S80 `a3Hl0±3a 38 0± SI OVOH V NO OIddVH± dI O O CO O 9)) o EMPIRE SUBDIVISION OFF-SITE WASTEWATER IMPROVEMENTS GENERAL NOTES (1 OF 3) '8 1 C) 0 N 0 ME MUNOZ ENGINEERING CIVIL•STRUCTURAL• MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240 PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 THE CONTRACTOR SHALL APPOINT A "COMPETENT PERSON" AS DEFINED BY OSHA WHO WILL BE ON-SITE AT ALL TIMES WHILE TRAFFIC CONTROL PLAN AND SPECIFICATIONS. PREPARED BY AN ENGINEER REGISTERED IN THE STATE OF TEXAS PRIOR TO BEGINNING TRENCHING OPERATIONS. MAINTENANCE OF TRAFFIC CONTROL DEVICES ARE TO OCCUR IMMEDIATELY WHEN NOTICED THAT THE DEVICE DOES NOT MEET THE NV1d NOI±VAVOX3 NV 3GIAOHd 11VHS H0±OVH±N00 3H± .SNOI±V7fD3H 1VOO1 GNV `SNOI±V1fD3H 3±VIS `SaHVaNV±S THE CONTRACTOR IS RESPONSIBLE FOR SECURING ALL NECESSARY CONSTRUCTION PERMITS AND CLEARANCES PRIOR TO COMMENCING ALL EXCAVATIONS AND BACKFILL OPERATIONS SHALL BE IN ACCORDANCE WITH THE LATEST OSHA EXCAVATION SAFETY .H0±OVH±N00 3H± .A±3dVS HON3H± 0± NIV±H3d ±VH± SNOT±V1fD3H 1VH3G3d aNV `31VIS THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR MAINTAINING AND VERIFYING THAT ALL TRAFFIC CONTROL DEVICES ARE IN THE CONFLICTS ARISING DUE TO LACK OF COORDINATION AND VERIFICATION SHALL BE THE RESPONSIBILITY AND AT THE SOLE EXPENSE OF `1VO01 H3H±0 ANV GNV (VHSO) NOI±VH±SINIWGV H±1V3H 2 X±3dVS 1VNOIIVdl000 3H1 dO S±N31N3H1f103H 3H± SG33OX3 HO S±331N 'NO11V±N31N37dW1 0± HOIHd TOPOGRAPHIC INFORMATION WITHIN THE DRAWINGS. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF A TRENCH SAFETY PROGRAM WHICH ANY MODIFICATIONS TO THE APPROVED TRAFFIC CONTROL PLAN SHALL BE SUBMITTED TO ALL APPROPRIATE AGENCIES FOR APPROVAL DRAWN BY: RR CHK BY: TT APP BY: RMIII SCALE: AS NOTED DATE: APRIL 2020 0) m 0 m 0 D O z n D Z 0 O H m 0 z CD m 0 H 0) 0 c_ m 0 9) CS1 1±3dVS HONIH± .3NI13a1f10 1VH3N3D V SV G3Sfl 38 G1f1OHS 11 `SMNIMVHa 3H1 NIH±IM G3Gf110NI SI NV1d V dI HAZARD ON ANY PUBLIC OR PRIVATE STREETS. PURPOSES ONLY BEFORE CONSTRUCTION ALONG THE ROAD IS TO COMMENCE. THE CONTRACTOR SHALL CONDUCT HIS OPERATIONS IN A MANNER SUCH THAT TRUCKS AND OTHER EQUIPMENT DO NOT CREATE A SAFETY THIS PLAN AND THE APPROVAL NOTIFICATION ARE TO BE SUBMITTED TO THE OWNER'S REPRESENTATIVE FOR RECORD KEEPING ALL SAFETY EXPOSURES OR VIOLATIONS SHALL BE RECTIFIED IMMEDIATELY BY THE CONTRACTOR. '30N3WW00 AND FOR PROVIDING SAFE WORKING CONDITIONS THROUGHOUT THE WORK PROGRESS. THIS PLAN IS TO BE SUBMITTED TO AND APPROVED BY ALL APPROPRIATE AGENCIES BEFORE CONSTRUCTION ALONG THE ROAD IS TO THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL EQUIPMENT AND MATERIALS FOR THE PROTECTION OF PERSONS AND PROPERTY WARN AND GUIDE MOTORISTS AND PEDESTRIANS THROUGH THE WORK AREA. CONTRACTOR SHALL CONTACT THE OWNER'S REPRESENTATIVE FOR CLARIFICATION PRIOR TO PROCEEDING WITH CONSTRUCTION. OF UNSAFE CONDITIONS AND IN THE REGULATIONS AND HAZARDS WHICH APPLY TO THE AREA IN WHICH THE WORK WILL TAKE PLACE. 1VH3N39 3H1 `SONIMVHa dO 13S SIH± NIHIIM G3±N3S3Hd3H 0N138 SI 1VHM HOd HV31O ION SI DNIH±31/\10S ±VH± INIOd ANV ±V dl W 0 -1 0 m D O0 z cn D 0 r m O D -1 -a m_ 0r < -1 - O (4 z m cn o m °O D Z m 0 D 0 m m O ccn0 D Z z 0 = m 00 0 D m D T D C7 r m z OJ D 0 Z 0 00 C!) 0 D O Z = z m 0 m cn D O` z m 0 0 G—) G) (n m z' 0 .SDNIMV2'Q 3H1 NI GNV `SNOI1VOId103dS `S1N3Wfl000 1DV2'iNOD 3H1 NI 031N3S3dd3d SV 103f02id NOTICE: THE CONTRACTOR SHALL KNOW THE ACTUAL SITE CONDITIONS AND SHALL BE RESPONSIBLE FOR FURNISHING A COMPLETED DIRECTED BY THE OWNER'S REPRESENTATIVE. N N N N Cal CO N D m m 0 (n Z D r 0 m D 0 0) m 0 m D 0 m m D 0 z D Z 0 D 0 D 0 m Z 0 m �7 O m 0 0) m DIddVa1 WaOdINf NO 7V11NVW SVX31 3H± GNV `3AI±VIN3S3Hd3H S.H3NMO 3H1 '100<i `X±10 210 A±NfOO 3H± dO S±N3W3H1f103H (n m m 0 m m 0 (n m 0 m D 0 0 m D 0 z D Z 0 D 0 D 0 m Z 0 m 0 m 0 cn m 3H± DNI±331A1NV1d 1OHINOO OIddVH± V H±IM X1dW00 GNV `±N3W31dWl `3GIAOHd 0± 3181SNOdS3H A131OS SI H0±OVH±N00 3H1 D m r 0 m m 0 (n m 0 m D 0 m D 0 z D Z 0 D 0 D 0 m Z 0 m 0 m m TRAFFIC CONTROL AND EXISTING PEDESTRIAN FACILITIES c co r_ C -1 F 0 m D 0 cn m 0 m D 0 0 m m 0 Z D Z 0 D 0 D 0 m Z 0 m 0 m 0 (n m S31ON30H31(\13 1VOIG31A1GNV `3H1d '30110d .13S MNIMVHG SIH± NIH1IM (S)NV7d GNV S31ON 7O?11NOD NO1111770d GNV NOIS0d3 ALIVelOdW31 OS1V 33S v z G) cn z v c (1) (n z v v cn r r m cn z r r r z v m G) c r O z cn N THE CONTRACTOR SHALL POST ON-SITE ALL EMERGENCY PHONE NUMBERS FOR: THAT ARE INDICATED WITHIN THE DRAWINGS AND ALL REQUIRED DEVICES AS REQUIRED BY ANY PERMIT. 3H1 `SNOI1VO1d133dS aNv S1N31Nf100a 10V211NO3 3H1 HIIM 33NV021000V NI 38 01 0321111031:1 38 111M 103fO2Id SIHI NO )1210M 11V FEDERAL SAFETY REGULATIONS FOR ALL WORKERS AND VISITORS FOR THE ENTIRETY OF THE PROJECT. THE CONTRACTOR WILL BE REQUIRED AT ALL TIMES DURING CONSTRUCTION TO PROVIDE AND MAINTAIN ALL REQUIRED CONTROL DEVICES .S±N3Wflo0a 1VH3G3d GNV `31VIS `1VOO1 G3H1f103H 11V IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO IMPLEMENT A SAFETY PROGRAM THAT IS IN COMPLIANCE WITH LOCAL, STATE, AND 'N01±Of1HISNO0 '5111N213d G3H1f10321 11V WORK SITE SAFETY AND SECURITY THE CONTRACTOR IS TO OBTAIN ALL REQUIRED PERMITS AND POST REQUIRED COPIES ON-SITE AT ALL ENTRANCES PRIOR TO COMMENCING `SMNIMVHG NOI±OfH±SNOO11V `SNOI±VOIdIO3dS GNV S±N3Wl000 1OVH±N00 THE ITEM FOR A PERIOD TO BE DETERMINED BY A COMPETENT PERSON AT THE CONTRACTOR'S SOLE EXPENSE. D Z_ Z o c 0 z m O U 0 z (SIm z 0 (n z O m O H 0 m m (n m (n m O Z 0 m 0 O Z 0 m m m 0 r r 0 Z 0 OJ c z 0 r m 0 0 c (n OJ m 0 Z m 0 c_ m 0 (n m 1VH3N39 W W N DNIOV1d3H/DNIHVO HOd 318ISNOdS3H 38 11IM HO1OVH1N00 3H±'NIV1A13H 01 SI ±VH1 8flHHS HO 33211 V 0±21(1000 G1f1OHS 3DV1A1VG dI `A±NfOO `X110 3H± dO S±N3W3HIf103H NOI±N3A3Hd NOI±fl770d GNV NOISOH3 3H± 0±±03f'8fS 38 11VHS S31±IAI±OV NOI±OfH±SNOO 11V PRACTICES AND PROTECTED FROM DAMAGE. EROSION AND POLLUTION CONTROL DURING CONSTRUCTION TREES, SHRUBS, AND VEGETATION THAT ARE TO REMAIN SHALL BE TRIMMED IN ACCORDANCE WITH STANDARD HORTICULTURAL '3AI±V±NIS3Hd3H S,H3NMO W THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL VEGETATION THAT IS NOTED ON THE DRAWINGS OR AS DIRECTED BY THE D CO < 0 M Z C 0Z OZ Z 0) O z 0 Om m cn D D 0 Z < G) m m = r z r 0 Z O O cnm X C m 0 0 z z O z m m w H o z G) O w (7 = m D z z pj O m X 0 m m 0 m 0 m m m O O Z 0 m Z m D Z 0 WITH THE CONTRACT DOCUMENTS WILL BE AT THE SOLE EXPENSE OF THE CONTRACTOR. .3SN3dX3 310S S.HOIOVH1±N00 3H± 1V S±N3W3H1f103H GNV SNOT±V1fD3H 1VH3G3d GNV `31VIS `1VOO1 HIIM 30NVGH000V NI GNV PAVEMENT CONCRETE. SUBMITTAL SHALL HIGHLIGHT JOINT LOCATIONS THAT HAVE BEEN CHANGED FROM THE LAYOUT SHOWN IN THE REMEDY THE DISTURBANCE OR DAMAGE TO THE REQUIREMENTS OF A LOCAL EXPERT APPROVED BY THE OWNER'S REPRESENTATIVE CONTRACTOR SHALL SUBMIT PAVEMENT CONSTRUCTION AND CONTROL JOINT LOCATIONS FOR REVIEW PRIOR TO PLACING ANY 01 HO±OVH±N00 3H± dO A±11181SNOdS3H 31OS 3H± 38 11IM 11 `a3DVINVa 210 a38Hfl±S1a SI V3HV 3AIlISN3S A11V1N31A1NOHIAN3 NV dI UTILITIES AND/OR IMPROVEMENTS THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR ALL COSTS. TO THE PROJECT BUT ARE INCLUDED FOR REFERENCE. IT WILL BE THE RESPONSIBILITY OF ALL CONTRACTORS WORKING ON THIS PROJECT TO IDENTIFIED BY THE OWNER'S REPRESENTATIVE. IN THE EVENT THAT A SUBSTITUTED ITEM REQUIRES THE ADJUSTMENT AND/OR REINSTALLATION OF EXISTING OR PROPOSED 1N3NI1d3d ION 3dV IVHI S3ION NlVINOO 3E Vd SIHi 'SIN3W3H1(103211031'Odd 210 S3ION 1331'Odd 77V NlVINOO ION S30a 3Db'd SIHI THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL ENVIRONMENTALLY SENSITIVE AREAS NOTED ON THE DRAWINGS OR AS CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR ALL ENGINEERING AND REPRODUCTION COSTS. 0 0 CONTRACTOR WILL BE RESPONSIBLE FOR COMPLYING WITH THE PERMIT. 3H± `H1NNVW ANV NI GISIAIH 39 01 SDNIMVHG NOI±OflH±SN00 3H1 S3H1f103H W3±I G31f111±S9f1S V ±VH±±N3A3 3H± NI REVISIONS NO. DESCRIPTION BY APPR DATE MUNOZ ENGINEERING, LLC © 2020 (M:\Projects\L - Mostaghasi Investment\Empire\04 - CIVIL\01 - DWG\03 - WW PLAN\C0101 - NOTES, CO201 TESTING, C0301 LEGEND.dwg) W N CONNECTIONS MAY ONLY BE MADE TO AN APPROVED SEWAGE COLLECTION SYSTEM. APPROPRIATE TCEQ REGIONAL OFFICE UPON REQUEST. THE OWNER OF THE COLLECTION SYSTEM MUST MAINTAIN SUCH CERTIFICATIONS FOR FIVE (5) YEARS AND FORWARD COPIES TO THE THE EFFLUENT AND SHALL INSTALL THOSE DEVICES PRIOR TO COMMENCING DEWATERING ACTIVITIES. m 0 O Z THE CONTRACTOR WILL BE RESPONSIBLE FOR ALL REQUIRED PERMITS AND EROSION AND POLLUTION CONTROL DEVICES TO CONTROL COLLECTION SYSTEM AND CERTIFY THAT THEY ARE CONSTRUCTED IN CONFORMITY WITH THE APPLICABLE PROVISIONS OF THIS DEWATERING ACTIVITIES MAY BE REQUIRED TO CONSTRUCT PORTIONS OF THE PROJECT APPROPRIATE CITY INSPECTOR MUST VISUALLY INSPECT THE PRIVATE SERVICE LATERAL AND THE CONNECTION TO THE SEWAGE O N I2I31VM30 NV HO `NVIHVIINVS 03H31SID3H SVX31 V `H33NION3 7VNOISS3d0Hd a3SN3017 SVX31 V `W31SAS NO11037700 3DVM3S .3AIIV1N3S3Hd3H S,H3NMO 3H1 AS G31VOIGNI SV SW311 H3H10 aNv `S3Hl1Ol211S `S)17VM3aIS `SJ.VM3AIHa `SCIVOH H1V3N38 N N W N ACCORDANCE WITH APPLICABLE SPECIFICATIONS AND STOCKPILED AND USED AS STABILIZATION MATERIAL FOR AREAS THAT WILL NOT BE 6) 01 -P. N 01 NI a31VAVOX3 38 11VHS SV3HV N0110f1211SNOO H3ONfl 110S 378V1IfSNfl (NV `1VIH31VW OINVDHO `NOI1V13O3A '110S dOl 11V _ _ ( m -, H M m X O 0 D -H O Z H D H m 0 0 0 m H D 0 r 0 D r c 1 0 z 0 0 0 0 m D z 0 H _ m 0 D z 0 0) o m D 1 D Z 0 m O m D H O Z m 0 'H3NMO 1.11711f1 3H1 THE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITH DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OF UTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION. m 0 H _ m r O 0 D H z 0 D z 0 D �[7 z 0 0 m c Z 0 m 0 0 C z 0 D z 0 D CO 0 m G) 0 c z 0 D (n m m H 0 D H m 0 snD H �[7 D m m m H 2 CO D r m D z (n 0 W r m Z 0 0 m PREVENT ACCESS INTO THE TRENCH AREA. IF TRENCHES ARE LEFT OPEN, THEY SHALL BE COVERED AND APPROPRIATE AND ADEQUATE BARRICADES SHALL BE PLACED TO TRENCHES SHALL NOT BE LEFT OPEN OR UNSECURED AFTER NORMAL WORKING HOURS OR WHILE WORKERS ARE NOT PRESENT ON-SITE. TRENCH EXCAVATION SHALL NOT PRECEDE BACKFILL BY MORE THAN 200 FEET. APPROVED BY THE OWNER'S REPRESENTATIVE. D r r C) 0 z z m 0 H O Z U) D r r co m 0) X z 0 _ rn m 0 SV 210 NOIIOfH.SN00 DNIf1NI1N00 01 HOIHd 1flO a3d1Alfld 38 T1VHS („1.) HONI-3NO DNI0330X3 SNOIIVAVOX3 NI NOIIV1flWfOOV H31VM EXCAVATIONS SHALL NOT BE MADE DURING INCLEMENT WEATHER. HO1OVHINOO ALL EXCAVATION SHALL BE IN ACCORDANCE WITH THE TRENCH SAFETY PROGRAM THAT HAS BEEN DEVELOPED AND IMPLEMENTED BY THE C CO r 0 (n m 0 m 0 z z m 0 H O z (n m 0 D z m D 0 m r z m H 0 -130 m H r z m 0 r m D Z 0 c H S321l10l211S aNv `AVMOVO2J `S2I113Ilfl 2IOd ONIH3N32I1 aNV NOIIVAVDX3 ACTUAL AMOUNT THAT WILL BE REQUIRED TO COMPLETE THE WORK DUE TO CONSTRUCTION METHODS. VERIFIED BY THE CONTRACTOR. ANY EARTHWORK QUANTITIES SHOWN WITHIN THE DRAWINGS ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT REFLECT THE ALL MANHOLE FLOW LINE AND RIM ELEVATIONS SHOWN ON THE DRAWINGS ARE APPROXIMATE WITH THE FINAL ELEVATIONS BEING FIELD O 'co D n I- o O z 7J Dm o 0 C c H m cn 0 m m O z cn(n D z 0 0 m H m 0 H (n 0 0 m m r O m m 0 0 D cnH O z _ D r r co m O 0 m H m 0 OJ H m BRICKS ARE NOT AN ACCEPTABLE CONSTRUCTION MATERIAL FOR ANY PORTION OF THE MANHOLE. 03aIAOHd 38 77IM ONI1N3A d0 SNV3W 31VNH317V `133d '3AI1V1N3S3Hd3H S,H3NMO 10.2.1. TO A DENSITY OF NOT LESS THAN 95% STANDARD PROCTOR AT OPTIMUM MOISTURE CONTENT, UNLESS INDICATED OTHERWISE BY THE co CO A • _ m m 0 D m H m 0 D z _ 0 r m () 0 m Z1 D Z1 m �[7 m 0 c m 0 m 0 0 m H D z H Z7 m m D z _ 0 r m (n z m O c m z m 0 m 0 0 m H _ D z 01 0 5' BEYOND RIGHT-OF-WAY AND WITHIN RIGHT-OF-WAY AREAS TO HAVE DROP CONNECTIONS INSTALLED ON THE HIGHER INCOMING LINE. .3A11V1N3S3Hd3H W W S,H3NMO 3H1 l.8 1031VOIONI 3SIMH3H10 SS31Nf1 `aNflOHD 7VHl1VN ONI1SIX3 3H1 dO 1VH1S31VVVIX0HddV HOIHM AlISN30 V 01.1, 1.01, 5' BEYOND RIGHT-OF-WAY AND WITHIN NON RIGHT-OF-WAY AREAS NOI1OVd1A10O 77Id OF UN -COMPACTED DEPTH, UNLESS INDICATED OTHERWISE BY THE OWNER'S REPRESENTATIVE. O ALL FILL SHALL BE PLACED IN LAYERS APPROXIMATELY PARALLEL TO THE FINISH GRADE AND IN LAYERS NOT IN EXCESS OF SIX -INCHES (6") W W Ni H _ m D z D H D m D Z C 0 r m D 0 m m z z 0 0 D m m 0 m H H z 0 _ m Z3 0 .01 w 0 H D 0 cn m m m m m (n m 0 0 m m H _ 0 m c) AND WINDROWS SHALL BE MOVED BY BLADING OR SIMILAR METHOD. ALLOWING FOR DIFFERENTIAL SETTLEMENT. C NO FILL THAT IS PLACED BY DUMPING IN A PILE OR WINDROW SHALL BE INCORPORATED INTO A LAYER IN THAT POSITION; ALL SUCH PILES EXCESS MATERIAL SHALL BE INCORPORATED INTO THE PROJECT OR STOCKPILED IN A MANNER TO PROMOTE POSITIVE DRAINAGE. .3A11V1N3S3Hd3H S.H3NM0 3H1 A8 03103HIa SS31Nf1 `311S 3H1 W0Hd G3A0W3H 38 ION T1VHS S3111A11OV DNIGVHD WOHd 1VIH31VW 110S SS3OX3 W 6.2.2. TRIP TICKETS SHALL BE PROVIDED TO THE OWNER'S REPRESENTATIVE ON A WEEKLY INTERVAL AND AS REQUESTED. D Z _ O m m 0 O O z 0 m c..) O D 0 1 co 001 w m DELIVERED, AND QUANTITY OF MATERIAL DELIVERED. CONNECTED BETWEEN THE LAST MANHOLE AND THE CLEANOUT UNLESS IT CAN BE CERTIFIED AS CONFORMING WITH THE 6.2.1. THE OWNER'S REPRESENTATIVE SHALL BE PROVIDED TRIP TICKETS THAT INDICATE THE TRUCK NUMBER, DATE OF DELIVERY, MATERIAL 2.6.4. IF A STUB OR CLEAN-OUT IS USED AT THE END OF THE PROPOSED SEWER LINE, NO PRIVATE SERVICE ATTACHMENTS MAY BE O N THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR VERIFICATION OF MATERIAL TYPE AND QUANTITY IMPORTED PER TRUCK. BACKFILLING AS SHOWN IN THE SEWAGE DETAILS WITHIN THESE DRAWINGS. O O 91 - U D O Dm O m m 0 W D) 0 000 (/� _ D 0 -I oom���OmDcncnOc< 0 D m D m D z m m 5 r O m D O m 0 z= m m 0 D cn zD =0 aDO Dr m D m o' < 5 0 m I-I-mz o,m0 D Z r 0 mmnnz��� �m D m m 0 = m n 0 E H m z m o m H< 7) m m m m m D m m y z D O m m m I X z rm 0Fmco,D o 0 m _<o m<cn< moH D�,1) 0 m y !m Z m z m= O D 1- 0O 0 m m 0 m D 1- n O z cn m O O 0 0 0 H r O o z W D y 0 0 0 z o p 0 r D m m 70 O D =m D ODz co m m O �] CO = O H 0 = m m y 0 C CD D rO ��MI0 H O > O m m 0 0 D y > X O 0m m >z r (� (n �7 - m z O (Dn D m 0 C m w 0 cn1D O - H = zm r 0r=-< m m 0 m m 0 0 2 0 m 0 D m D m = y 0 0 o 0 m zc m< 0 z��zc z cn D D m z O z m -Ir r D m W• 77 D M O m o m m 0 0 0 0 G) cn 0H m (n O c D -Ti O D O z m D m ( Dz O 00 m D 0 z n W m H W M . 0 m > r C D N T> m z m > H < z m x r m m m D O 0 I 0Z �O m 0 0 0 = O cn 0 m z 0 m < > m O 1- 0 zc r 0D = 0 m 0 C m . 73 -Dz m > 0 m O) 0 THE PRIVATE SERVICE LATERAL STUB -OUTS MUST BE INSTALLED AS SHOWN ON THE DRAWING(S) AND MARKED AFTER PLUMBING INDUSTRY TECHNIQUES. FURNISHED WITH STUB -OUTS MUST BE CONNECTED USING A MANUFACTURED SADDLE AND IN ACCORDANCE WITH ACCEPTED G3A0 ANTICIPATED AT THE TIME OF ORIGINAL CONSTRUCTION OR THAT ARE TO BE CONNECTED TO AN EXISTING SEWER LINE NOT ALL STUB -OUTS MUST BE SEALED WITH A MANUFACTURED CAP TO PREVENT LEAKAGE. EXTENSIONS THAT WERE NOT a31OfH.0 1N31A13AVd 133H1S 3H1 dO aN3 3H1 aN0A38 ON31X3 01 I.71N3101ddf1S a31OfH1SN0O 38 1Sf1W S1flO-8l1S MDN 'NOIIOfH.SNOO 1VNIDIHO dO 31/11131-111V COMPATIBLE IN SIZE AND MATERIAL WITH BOTH THE SEWAGE LINE AND THE EXTENSION. AT THE TIME OF CONNECTION OF THE EXTENSIONS. SUCH STUB -OUTS MUST BE MANUFACTURED WYES OR TEES THAT ARE THE LOCATION OF SUCH STUB -OUTS MUST BE MARKED ON THE GROUND SUCH THAT THEIR LOCATION CAN BE EASILY DETERMINED 3H1 N O w Z m X mm m O D z cn m 0 0 r m 0 O z H m r z m H co m 0 0 z H H m 0 _ 0 H c co O C m O H _ m 0 O z Z m 0 O z 0 m D Z 0 m D H m 0 c cn -H D F CO E N m 0 D z 0 m r D 0 m 0 CO m H m m z D z 0 m < m m m (11 m H CO m 0 Z 0 C H F_ H H _ m m D 0 m r z m c H m m co m r 0 _ m D H m > H m H _ xm>Om C) -m D m o O 77 (n -i o (7 (n 0 O O O J m O m O DH 0 I i c U) (i n > z r7 mcn0°FD O �Dm5 mrp�D�zD nz � m* D TJ M D o - m m m m m ow zr� -I m(n00 0 73 DD5VO)0� 0 HD,Zm1O m -I m z I D m Z > r r D D z z r r m m Z m D m 0 H m H r r O=cnCO(nm omc0 m m m m D 0 r r 3)cn -I wZ D D r >- cn5ocn V) ZHc �_ m 0 0 D O H pa 0Cmmm �.ZOZ cp OD�cnaamm r o, 0 DZ, D,<OO r 0 o 0 =CDD m z o -i> :�D �o�0 00 = m 0 0 0 0 0 H m 0 _r'mDHOzO m OOr0Z m 0HnDm 0000 D� � D m m O O 0 D m -< - y Z m cn D CO m z -n m m z 0 m m J m D 0 m m D 0) = 0 z < 0 rin cn 0 m C 0 (/) y r D m m mOrmZ--- 0 Om_ O H >2-n O m z C W O rI-�z(nm D M O 0 m _ < m m D m m m m H y0 0 m O m D z 1 mmmj —D m mm 0XD-I� D D O m 0 O 0m �nrD �0 vz 1-ci m = m m cn c z m z O m z m << - = z H C D cn r r m 0 cn 0 xi HE 0 D E z o > ( 0 0 Z' -;---, D m D 0 O co m 23v m o m C y (7)D o, c zo O = D m r0 =1 1- = 0 m m < m r D O r O C w THE CONTRACTOR WILL BE RESPONSIBLE FOR CONTROLLING DUST AND SOIL MOVEMENT BY WIND AND WATER ONCE SITE GRADING W '3AI1V1N3S3Hd3H S,H3NMO 3H1 A9 G3A0HddV 39 TIVHS SNOLLVA373 aNV `S3avHO `S3N17 3H101 S1N3W1Sflf aV ANV �.11711f1 3H1 M0738 38 11VHS 'SONIMVHa N 3H1 NIH11M a31VOIaNI SV (NV 031d103dS SV SNO11VA373 GNV `S3GVHD `S3N17 3H1 01 31IS 3H11Of HISNOO 11VHS HOIOVH1NOO 3H1 DAMAGED AT NO ADDITIONAL COST TO THE PROJECT. 1A1311 3H1 dO 1N3W30V7d3H HO HIVd3H 3H1 Hod 378ISNOdS3H 38 77IM HOIOVHINO0 3H1 `a3Ov1Nda SI 1N3W3A0HdLNI ANV d1 3DVWVa W0Hd G31O310Hd 38 11VHS S1N31N3A0HdW1 71V `S3111AILOV DNIOVHO ONION310\100 01 HOIHd ONIaV21J 311S 2.6.2. WATER UTILITIES 2.6.2.A. WHERE WAT < 0 — z c C - D Ti O CT) cn O O Z 0 O • D Z z m 0 m 73 m n 0 O H 0 O m z (1) z Om 0 0 0 M o m m z CD n 0 0 D Z -< O D z Z 0 D z r 0 r O m 0 c z m m Z Z DDm CO m I- 5 m D c") 0r° D m 0 D z wrD =m O c' C mcn m cn >- z 0 0 0 C H 12.1. THE OWNER AND THE DESIGN PROFESSIONAL OF THE BUILDING WILL BE SOLELY RESPONSIBLE FOR ADJUSTING THE FINISHED FLOOR O D 0 m Homm D cn m D CO cn D p N 0 o mz 0 m �] z H I H O n > D l D D)co(n mmmm > D CO D Z > H H m O C O z(OI m D D D 71 I- O r C mm m O D m m m Z -H Z m 0mm Oz X z 02 20 c = O m rmcnH 0 N rn m 0 07 CO D m m m mmz zc0i)0 O c z w m 0 0 0 m mono 0 0 T. = m m .l7 m m (n m > z z o 0 >D° m m O 0 • z m D � r m z H THE CONSTRUCTION ENTRANCE SHALL BE REMOVED IN ITS ENTIRETY UNLESS OTHERWISE STATED BY THE ENGINEER. THE DEVICE AND OWNER'S REPRESENTATIVE. OTHER DEVICES AS DIRECTED BY THE OWNER'S REPRESENTATIVE SHALL BE VERIFIED AND REMEDIED TO MEET THE REQUIREMENTS OF W (NV `S31V8 AVH 'N011O310Hd 137NI `3ON3d 1115 a30H0dNI3H '01 a311W17 ION lfl8 'SV HOFS S30IA3a 70211100 NOIIfl770d aN`d NOIS0H3 UPON FINAL DESIGN OF THE BUILDING. 53111711(1 7VH3N30 3A11V1N3S3Hd3H S.H3NM0 21O H3NM0 3H1 A8 a3103H10 3SIMH3HI0 SS31Nf1 `SNOIIV7f esei SEPARATION AND CLEARANCES REPAIRED TO THE LINES AND GRADES SHOWN IN THE DRAWINGS IN A TIMELY MANNER WHEN CONDITIONS ALLOW. '311HON00 '3AIIV1N3S3Hd3H CONTRACTOR SHALL LIMIT THE AMOUNT OF EROSION DUE TO STORM EVENTS AND ANY EROSION AREAS SHALL BE RESHAPED AND 2.5.1. THE TRENCH MUST BE CAPPED WITH CONCRETE TO PREVENT SCOURING OF BACKFILL OR THE SEWER LINES MUST BE ENCASED IN S,H3NMO 3H1 dO NOLLOVdSIIVS 3H1 011N3Wdiflb3 77V dO 3.LIS 3H1 HVI1O GNV `3GVHO H3d0Hd 01 S1NVHaXH 3HId `SH3A00 X09 3A1VA POSSIBLE TO CONTROL THE POLLUTION. AND STREAM VELOCITIES WHICH COULD CAUSE EROSION AND SCOURING OF BACKFILL. `S370HNVW 11V ONIH8 'SIH83a dO H3M3S 1.HVIINVS 3H1 HV370 `SIH83G aNV 171S dO H3M3S WHOIS 3H1 HV370 `S)17VM3GIS aNV SaVOH S3Hf1SV3W 71V ONV ANV 3)1V1 01 032:111103H 38 77IM H01OVHIN00 3H1 `3AISS30X3 SaW0038 31IS 103r0Hd 3H1 W0Hd 1580 di SEWAGE LINES LOCATED WITHIN OR CROSSING THE 5 -YEAR FLOODPLAIN OF A DRAINAGE WAY SHALL BE PROTECTED FROM INUNDATION 77V NV310 `311S IO3f 0Hd 3H1 WOHd SIH830 NOIIOfHISN00 ONV S1VIHIIVW SS3OX3 3AOW9H 01 G3HIl03H 38 77IM HOIOVHINOO IHI 0 IV 0 (0 O 0)) o EMPIRE SUBDIVISION OFF-SITE WASTEWATER IMPROVEMENTS GENERAL NOTES (2 OF 3) ME MUNOZ ENGINEERING CIVIL•STRUCTURAL• MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240 PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 THE AMOUNT OF DUST AND OTHER WIND-BORNE MATERIALS FROM EXITING THE PROJECT SITE. %8817 SI 3d07S WfWIXVW !%oz.o SI 3d07S WfWINIW - 3N17 21. .17.17Z FINAL CLEAN-UP AND SITE PREPARATION N co 0 z m z C O m O N D X C O m 0) w N N z m Z C O m O w w D X C O m CO 0 N01103S DNIISIX3 O THE CONTRACTOR WILL BE REQUIRED TO LIMIT THE AMOUNT OF DUST AND WIND TRANSPORTED MATERIALS FROM OCCURRING ON AND OFF N rn z m Z C O m O 01 0 D X_ C O m 0) 01 3H1 H01VIN 01 03SV3HONI 38 TIVHS NOI.O3S HIVd3H 1N3W3AVd 321 `H3)1OIH1 38 01 ONflOd SI NO11O3S 1N31A13AVd DNIISIX3 3H1 dl CO ROUND OFF ABRUPT CHANGES IN SLOPE. AT MOISTURE CONTENT -1% TO +3% OF OPTIMUM. BETWEEN SUCH POINTS AND EXISTING FINISH GRADES. BASE SHALL BE COMPACTED TO A MINIMUM OF NINETY-EIGHT PERCENT (98%) MODIFIED PROCTOR IN ACCORDANCE WITH ASTM D1557 DRAWN BY: RR CHK BY: TT APP BY: RMIII SCALE: AS NOTED DATE: APRIL 2020 CO C -1 HO 'N3AI9 3HV SNOLLVA373 3H3HM SINIOd N33M138 S3d07S HO S73A37 WHOdINfl 38 11VHS G31VOIGNI 3SIMH3H10 ION S3a`WHO FINAL GRADES AS INDICATED WITHIN THE DRAWINGS SHALL BE ACHIEVED PRIOR TO FINAL ACCEPTANCE. m CD m . 0 D z 0 0 z 0 Z c co m 0 w 0 w 0 V 0 0 N N 0 w N m v m 0 73 D m c m D H z 0 0 m H m D O 0 c Z 0 m m 0 c D m z 0 _ FLEXIBLE BASE IN ACCORDANCE WITH THE SPECIFICATIONS. REQUIRED GRADES, CONSTRUCTION ON THE REST OF THE PROJECT CAN COMMENCE. AFTER ROUGH EARTHWORK IS COMPLETE AND CONTRACTOR DETERMINES THAT SUFFICIENT MATERIAL IS AVAILABLE TO ACHIEVE THE N N W N D m m Z1 m m D z 0 O z C H m m H H _ m m 0 c m m Z H (n z w O D CO) in w N N N FOUND CURRENTLY ON-SITE AND APPROVED BY THE OWNER'S REPRESENTATIVE. O IF MATERIAL IS TO BE HAULED FROM OFF-SITE SOURCES THE MATERIAL SHALL BE OF LIKE MATERIAL COMPOSITION AS TO WHAT IS o m 0 > z cn H xi O C 0 D H Z H • Z -H 0 z v) H m H 0 D 0 z m m H _ m m O m 0 0 D 0 m z 0 0 D H m 0 Z 0 z 0 m H O H 0 D z 0 H _ m O 9 A m = r m 0o m X o ( O Z z 0 0 I Dm m 0 D I- 0 O m z m m z 0 O w O 0 CO H m C 73 D r CO D m m C) 0 m z (n X z 0 _ rn m H D Z 0 0 0 D 0 H m 0 H 0 m m H H _ D H 0 m H _ m m D 0 m 0 m m _ 0 m m z H cn ALL WORK SHALL BE VERIFIED BY THE CONTRACTOR AND PASS ALL TESTING REQUIREMENTS PRIOR TO PLACEMENT OF ANY SURFACE N N N -H D O 0 > o OD 0D 73 I- z z m cn m m D Z cns. 0s H Zccn<ZX�Dmc H = m 0 r 0 0m -n-o _< r z 0 m m m< W m O y 0 0 W x m D z< z m m HHS �yco H Z 730 m 0 cn 73 0 mc z H m m 0 H H m m _ D z m (n o C > < c m D I 00 0) m D 0 O w 0 D H r m z a Z 0 0 r > m W O o 0 = � D m m zz O O 0 OZ � (nm zHOm5 -I H* O D c z= = 0 C Z 0) W m_ H X m O T z z = m m 0 0 0 n 0 m z X D m C7 = H n N M m = 0 H_ (DZZ ma0 m m z z -1 0 W m m X 0 m � > M 0 z m 0 < < 0) _ z= D m 0 r -< It 5 W CO r 0 0 0 D x -< m m O m m 0 z 0 z n H H zHv Z `-' _ Am o I D D 0 = m r (_) > 71 z0 z m O 0 0 n H = z N m z r m < 0 z o H 0 D z 0O D = Hm D N m m 01 APPROVED BY THE OWNERS REPRESENTATIVE. 3SIM2I3H10 SS31Nfl `1A131S.lS ONIISIX3 NV 011NIOd NI -211 2H1 IV NI028 T1VHS W31S.lS O3SOd02Id 3H1 dO NOI10f1211SNO0 L991, a V` WITHIN THIS DRAWING SET SHALL BE COMPLETED BY THE CONTRACTOR. CONSTRUCTED UNDER THE SUPERVISION OF A LICENSED PLUMBER AND HAVE ALL THE REQUIRED PERMITS. PAVEMENT SHALL BE SAW -CUT FULL DEPTH WHERE EXISTING PAVEMENT IS BEING PARTIALLY REMOVED. ALL EARTHWORK (SITE GRADING, FILLING, HAULING, CUTTING, LOADING, ETC.) REQUIRED TO ACHIEVE THE LINES AND GRADES AS INDICATED 38 11VHS N011HOd 1VHI N3H1 '31VAIHd 38 01 SI W31SAS NO11031100 3DVM3S 03SOd0Hd 3H1 dO N0I1H0d ANV dl :30110N 1N31A13AVd 11VHdSV 91 ANY ADDITIONAL MATERIAL SHALL BE EVENLY PLACED ON REMAINING AREAS THAT ARE DISTURBED. EXISTING PAVEMENT REMOVAL AND REPAIR W CD 0 C C 0 D H-0 m m 0 z c 0 r H _ m H m X D (n D 0 z H D H m 0 0 0 0 m H D _ m 0 D z 0 (1) 0 m H D F cnD z 0 (,7 m m m 0 H O C7 Z = 0 H m = N cn w 0 z 0N) -1 0 w O D 0 _ D m �7 INDICATED BY THE OWNER'S REPRESENTATIVE. THE WASTEWATER UTILITY MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THE TEXAS COMMISSION ON ENVIRONMENTAL CONSTRUCT THE PROJECT WITH ALL WORK IN ACCORDANCE WITH THE SPECIFICATIONS AND AS INDICATED ON THE DRAWINGS OR AS 7VH3N3O THE SITE SHALL BE CLEARED OF ALL EXISTING CONCRETE, PAVEMENT, WALLS, FENCING, FOUNDATIONS, ETC. AS REQUIRED TO PROPERLY cn Cm m in cn z m m C F z 0 m OWNER'S REPRESENTATIVE IN ACCORDANCE WITH THE SPECIFICATIONS. 3H1 J.8 G3101ONI HO SONIMVHG 3H1 NO a310N 3SIMH3H10 SS37Nfl SdWf11S GNV `S8fHHS `S33H111V dO a3HV370 38 11VHS 31IS IHI SITE CLEARING AND EARTHWORK m D m m m E H m O > m 0 0 a 7 m O 0 (n m O 0 0 = O m z D 9 0 m O H o m > z 0 m z m � =1 HD = H O xi D F r H D m m m D Z 0 T m 0 m O � r )1L" D m 0 m C y Hz 0 O 0> m • c m H _ m 0 0 (n D H m 0 D z CO CO O) (Ji ALL DRIVEWAYS SHALL BE LOCATED TO AVOID EXISTING CURB INLET STRUCTURES. ALL OUTFALLS SHALL BE PROPERLY BACKFILLED AND COMPACTED. ALL DITCHES SHALL BE GRADED TO THE PROPOSED ELEVATIONS TO ENSURE PROPER DRAINAGE. HAS BECOME DISTURBED AS A RESULT OF THIS WORK. 1VHl W31S) S 3OVNIVHG 3d07S )1OV8 )NV DNIH01S3H GNV 'DNINIVINIVW `ON110310Hd HOd 378ISNOdS3H 38 TIVHS HOIOVHINO0 3H1 THE CONTRACTOR SHALL PROVIDE A MINIMUM OF 12" CLEARANCE AT STORM SEWER AND WATERLINE CROSSINGS. INDICATED ON THE DRAWINGS OR INDICATED BY THE OWNER'S REPRESENTATIVE. CONTRACTOR AT THE CONTRACTOR'S SOLE EXPENSE. DAMAGE CAUSED BY DEWATERING OPERATIONS TO THE ADJACENT PROPERTY OR WORK SHALL BE REPAIRED OR REMEDIED BY THE WITH THE CONTRACT DOCUMENTS WILL BE AT THE SOLE EXPENSE OF THE CONTRACTOR.. 1HOM H3H10 WATER REMOVED FROM EXCAVATIONS SHALL BE HANDLED IN SUCH A MANNER AS TO PREVENT DAMAGE TO ADJACENT PROPERTY AND - W N D m z m 0 7.1m 0 0 0 z m H m m -55 m 0 0 Z (n D CO m D m m m 0 G) m 0 H m x H F m ALL TRENCH BACKFILL SHALL BE PLACED IN 6” LIFTS AND MECHANICALLY COMPACTED TO A DENSITY OF NOT LESS THAN 95% OF THE SNOIIV7flO3H 1VH3a3d aN`d `31VIS `7V007 HEM 30NVCIH000V NI SI 1VH1H3NNVW V NI 7VSOdSIa 3H1 Hod 378ISNOdS3H 38 77IM THE STANDARDS, DETAILS, INDUSTRY STANDARDS, AND MANUFACTURERS RECOMMENDATIONS. TO THE PROJECT BUT ARE INCLUDED FOR REFERENCE. IT WILL BE THE RESPONSIBILITY OF ALL CONTRACTORS WORKING ON THIS PROJECT TO 1N3NIid3d ION 32!V 1VHl S3ION NIV1NOO AVW 3SVd SIHI 'S1N3IN321111b38 103I'021d ZIO S31ON 1031'08d 77V NIVINOO ION S300 301id SIHJ W CO N — HO1OVHINOO 3H1N31-11 `1N3WN0HIAN3 DNIGNflO2121fS 3H1 WHVH AVW IVH1 NOI1ISOdW00 V dO 38 01 G3NIW21313a SI H31VM 3H1 dl H11M 3ONVOH000V NI 0377Id NNOV8 GNV `a3aa38 'a311V1SNI 38 11VHS GNV SDNIMdHCI 3H1 NO 031VOIGNI SV 38 11VHS H3M3S WH01S 11V THE CONTRACTOR SHALL FURNISH THE OWNER'S REPRESENTATIVE WITH A COPY OF THE TEST REPORT. S31ON All71ll 2131VM W2101S 0 0 ACTIVITIES FOR WATER COMPOSITION PRIOR TO DISCHARGING EFFLUENT. REVISIONS NO. DESCRIPTION BY APPR DATE MUNOZ ENGINEERING, LLC © 2020 (M:\Projects\L - Mostaghasi Investment\Empire\04 - CIVIL\01 - DWG\03 - WW PLAN\C0101 - NOTES, CO201 TESTING, C0301 LEGEND.dwg) 1S31 OIIVISOHCIAH .3AI±V1N3S3Hd3H S,H3NMO HO 2RNMO )JJ1llfl 3H1 A8 a3103HI4 SV HO 'IS31 WlflOVA V HO 1S31 OI1V1SoHaAH V H3H113 A8 3NOa 38 11VHS ONI1S31 'NOLLV1OS1 A9 LEAKAGE TESTING SHALL BE PERFORMED ON EACH MANHOLE AND SEPARATE AND INDEPENDENT OF THE COLLECTION SYSTEM PIPES 1VH3N3O 31OHNVIN £ .3H1 HIIM 31811VdWOO 3HVM1dOS ) HV1312idOHd `A1IO 3H1 N N N CO CO CO N N N N N CO Co v W W CO CO W . O O O O O h„m 0 W = 0 = 0 = c) _ o -H m cn m m O m o o cn o m z m o O m m z D r7 00 D o 0 MrTI 0> 13 m Z D m m z m m m m Z D o 0 Z m M m y 0 cn z D m m m m> cn D -< o D O _-I0OD�ZmoCD �O m>c<HOcn�zm H�y�mw —I—I 7j m _< 0 Z m mD -InO -ZWzmm = <D>z(j'Z�7)�-=CO05-ammDD Mmz waom OnZ0ZZ ZoDo m c7 _10 cn nD=OmOrnmG)z mm mm 0zDz>H2HzmC c)�7 ( H c 0 = 0 H 0 D D —1 O MH �(n mm -1(1)0 � p—I 0 -71 H0 D Z m Z y z z m moomm000° oy mO m m n W m m _ H 0 C 0 z m Z m m O z D 0 G H m 73 m m ? m 7o mZ= -<y(10m D 0(n < N O n m;o O- Z Z j Amo cn mD" o Dm _ �_ m m 0 m m m m W_ m� M n o m mm 0 m I m c 0 O 0 m M cn E m M c D Oe°mo m 0m m =yHD G)OH= _Zo-uiD rn < m -< . 0 Z cn Z-1 0= Z _ p W= O N= m73 m m D z 1- m O m N W co O N W D V < iii 0 m D > (n r -0 m Z0 mono�Hm zO m cnDr mOm(n73 0(,) H H =) D m 0 D m0H ZGZ)G0)0n Ho cn00 mcnH0 zH cn 1 O m z z <- - m 71 c E _ c D-1 0 m H m m H m m m M = z 0= D= m O D r= Z m o Z m z O Z o C) -1 0 (n (n (n = 1 C O m z m m C m m< O z 0 m mm mmc 00 -I1— m °� z 0 D m D m cn z D m H m Cm/) a = m W O is c n (n z_ 0 m D XZ -< 0 'H3NMO 1.11l11f1 3H1 THE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITH • DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OF UTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION. m 0 H m r O 0 D H z 0 D Z 0 D z 0 0 m C Z 0 m 0 Z7 0 C Z 0 D Z 0 D CO 0 m 0 c Z 0 D (n m D m (n H 0 D H m 0 D H �[7 D m m 0 m H n W D r r m D Z 0 (n cn 0 r m • Z 0 0 m QUALITY TO THE SATISFACTION OF THE OWNER'S REPRESENTATIVE AND UTILITY INSPECTOR. N N N CO CO W U1 - 3Hf11OId ONIOf1100Hd dO 318VdVO 38 TIVHS SW3ISAS 0301A 3H1 dO S1N3NOdWO0 H3H10 GNV 'H011NOVV NOISIA3131 `VH3WVO 3H1 A CAMERA WITH PAN AND TILT CAPABILITY WILL BE REQUIRED. LIGHTING FOR THE CAMERA SHALL BE SUITABLE TO ALLOW A CLEAR PICTURE OF THE ENTIRE PERIPHERY OF THE PIPE. NECESSARY TO PERMIT PROPER DOCUMENTATION OF THE WASTEWATER LINE'S CONDITION. co N CAMERA CAN BE PULLED IN EITHER DIRECTION AT A SPEED NOT GREATER THAN THIRTY -FEET (30') PER MINUTE, STOPPING AS CAMERA THAT IS PULLED THROUGH EACH COMPLETED LINE SEGMENT. 2.3. TELEVISED INSPECTION 2.3.1. ALL NEW AND REHABILITATED PIPING, MANHOLES, AND APPURTENANCES ARE TO BE TELEVISED WITH A CLOSED CIRCUIT TELEVISION .11Id)1OV8 dO 1N3W3OV1d H31JV SAVO (0£) A1HIH1 NVH± SS31 ON G3131dWOO N N N N N N N N W W W W W 0paoD IF A SECTION OF PIPE FAILS THEN THAT PORTION SHALL BE CORRECTED AND A SECOND TEST OF THAT PORTION SHALL BE THE MANDREL SHALL NOT BE PULLED BY ANY MECHANICAL PULLING DEVICES. THE TEST SHALL BE WITNESSED BY THE INSPECTOR AND THE OWNER REPRESENTATIVE. SHALL BE IN ACCORDANCE WITH TEXAS ADMINISTRATIVE CODE. Hfla3OOHd 88ZZ.Z .NO11O31d3a (%9) LN3OH3d-3AId 1V 3dId OAd 9Z HOS 2IOd 03ZIS 38 11IM S13HaNVW .0887Z.Z .888ZZ.Z .V 8 87 Z.Z N 91 CO D N N D 13Ha D N N W N D D D m r r O 0 U c m U0>D 0mmvom�m m.Zmmm0 cnm -D Ocno >—Z '== C " cn D m U=HHOO r-mS Z> com�mm>><N cn�HWD m0o(nnzmmm �mcnH� O H N _ Z D > D Z pOp c< 73z 0 P H 0 0 m 5 0 m m IrTlO�=m mz� ��c) oomDm Ocn so OU'OOm r cn r m m m - 7' X M cn oo 7 m 0 m Z Co o C) = m cn C D 0 m m Z> z= 0 m—I P z D z co m m 0 m x O n m O 1 m = O mx m m0° (/) rm D 0 H Z-0 D0 H D O 0 m z -U moZo co H m Z m c m m D E m D :(J m Z= Z (7 m H m=� �m� D-1 cn W r �7 cn m D =1 71 r -To m Oz(n PLXz ODcn m=_M m < N m D 0)_ n cn D H m Z m r D D ci O Z 0j z zz 5) -Ti Dom !0)H z0H �D m H 99 Z Z InZ cwn D m -1 -1 < 0> O = m m m m m u) m 0 M -U O n Z -a —I .31000 WITHSTAND 200 PSI WITHOUT BEING D M = D D o m 0 mm z m m O Z = m •D m 111 m > m M r r H z m o m ( 0 D 1VH3N3O ONI1S31 NOI±031d3a N rn 0 co W O w 0 OD 41. cn N N CO CO rn W 41. W 0 CO O Co 01 W z m 0 0 m m 7[7 �' IV O c rn Z 0 m U1 0 O 'CO co 3W11 WfIWINIW HOd H1ON31 INl1NIXVW D 0 m 0 O Z Z 0 D m PZI m m m m O J O m O 0 H MINIMUM TESTING TIMES FOR LOW PRESSURE AIR TEST r 0 II II m z z 0 =Z D r 0 U m m c Z m m m m m _. H Z 0 m 32111SS3Hd m 0 c II H 0 — O z 0 r m m 3OVO ISd (V) 3NO JO dOHa 3Hf1SS3Hd V HOd (SaN003S) 31A111 318VMOTIV Wf1WINIIN = 1 m 0 c D H O Z D D Z 0 O cn _ O Z Z D W r m .3000 NOI1VaLSINIINaV SVX31 ONV `9-8-INl „3dld H3M3S a3TIVISNI JO 1S31 SHALL BE TESTED IN ACCORDANCE WITH UNI -BELL PLASTIC PIPE ASSOCIATION "RECOMMENDED PRACTICE FOR LOW PRESSURE AIR H m (n H Z 0 .3AI1V1N3S3Hd3H 0 C) THIS WORK SHALL BE WITNESSED BY THE OWNER REPRESENTATIVE OR A REPRESENTATIVE DESIGNATED BY THE OWNER THE CONTRACTOR SHALL TEST THE ENTIRE SANITARY SEWERAGE PIPING SYSTEM FOR LEAKS. 0 W 0 (0 O 0)) o EMPIRE SUBDIVISION OFF-SITE WASTEWATER IMPROVEMENTS GENERAL NOTES (3 OF 3) 0 0 ME MUNOZ ENGINEERING CIVIL•STRUCTURAL• MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240 PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 EQUIPMENT FOR TEST SHALL BE FURNISHED AND INSTALLED BY THE CONTRACTOR. 3dId TN' HOd a3HIf103H 1VH3N3D 1S31 HIV 3Hf1SS3Hd MOS m REPLACEMENT OF PAVEMENT IF UTILITY FAILS TESTING AND NEEDS TO BE REPLACED. CONTRACTOR MAY PROCEED WITH PLACEMENT OF PAVEMENT AND WILL INCUR ALL COSTS ASSOCIATED WITH THE REMOVAL AND DRAWN BY: RR CHK BY: TT APP BY: RMIII SCALE: AS NOTED DATE: APRIL 2020 TESTING SHALL BE COMPLETED AND ALL WORK SHALL PASS THE REQUIRED TESTING PRIOR TO PLACEMENT OF PAVEMENT. THIS SHALL BE REPEATED UNTIL ALL WORK AND MATERIALS ARE ACCEPTABLE. 03183132 ONV '3SN3dX3 ANY DEFECTIVE WORK OR MATERIALS SHALL BE CORRECTED OR REPLACED BY THE CONTRACTOR AT THE CONTRACTORS SOLE ONI1S313H Z 0 0 cn • m 0 D Z 0) m H m L7 H m 0 m 0 0 Z1 D r D m H D z m c Z H F D (n 0) m m Z z r D 0 m 0 0 r m m 0) D 0 7 m r r m 0 �[7 D H r m D H _ w 0 m m H (n _ D r r Z 0 H O c D r m D (n D 0 0 m H D Z m H m (n Z 0 THE CONTRACTOR MAY WISH TO CHECK PIPE IMMEDIATELY AFTER BACKFILLING FOR JOB CONTROL. TESTING SHALL BE DONE BY THE CONTRACTOR AND WITNESSED BY THE OWNER REPRESENTATIVE. 1VH3N3D WASTEWATER UTILITY TESTING REQUIREMENTS THIS SHALL BE REPEATED UNTIL ALL WORK AND MATERIALS ARE ACCEPTABLE. ANY DEFECTIVE WORK OR MATERIALS SHALL BE CORRECTED OR REPLACED BY THE CONTRACTOR AND RETESTED. ALL MANHOLES AND STRUCTURES SHALL BE TESTED AS FINISHED AND COMPLETED FOR FINAL ACCEPTANCE. FURTHER COMPACTED AND RETESTED AT THE SOLE EXPENSE OF THE CONTRACTOR. TESTING SHALL BE DONE BY THE CONTRACTOR AND WITNESSED BY THE UTILITY OWNER AND OWNERS OR HIS REPRESENTATIVE. m m 0 O z m (n m O D O Z 0 FmC) H 07 m O n O O 71 o m r o m H r •- _ O w M D „ _ D D z E )11' -0 r Dm co m m r j ;D r 0 z H 00 (n m -1 O H Z H m D Z 0 m mm m 0 ) H m X oto D m << O Z m m m -< HD 13 -0 o m m �' m 0 D 0-01m�0 m H Z �zmco m D H w 0 H m Tj O Z D m 0 Z m r - O = D < Z D r D O m y < -n 7 0) 0 r 0 r Z N 1- 0 H N z O < m m D z -< n O (7)c z m O Z I co 0 c m 0 m 0 NOLLVOIJ11H30 GNV ONI1S31 9 A SATISFACTORY TEST IS OBTAINED. 1N1VV3HIf1G3H 7 INSTALLED ON THE PROJECT SITE. SI 1VH1 A1fI1l H3H10 )NV ONV `�llllllfl H31VM `�llllllfl H3M3S WHOIS `�lll1llfl H31VM31SVM 31VAIHd ONV 0n8nd 11V HOd 38 11VHS 1VH3N3D -Ti -1 -1 > Z = _ _ 1 m m< m s Em Oc(m��(mXm D 0= r r z0 0 0 m r Z C Z 0 u)m m m m m H 0c =o�0(n= m WI °=m m(nm0 DE D z D m z Z y m D m rZ =r(n00 m0 m m _ D o0 =Dn= �mmmzo = H —c 1 r m D 0 z m m D �r .. UTILITY BACKFILL TESTING REQUIREMENTS W N OF BEING KNOWLEDGEABLE WITH THE CONTRACT DOCUMENTS WILL BE AT THE SOLE EXPENSE OF THE CONTRACTOR. 41. 381171Vd d01OVdlNOO 3H1 OI 031V7321SISOO 77V ONV ANV 'SENIMVLIO ONV `SNOIiVOId1O3dS `SIN3W321111b387VN3N3S 1031'OZId 3H1 01 O311W171ON ins S3On7ONI HO!HM `SmN31Nn000IOVdINOO 1031'OZId 77V HIIM 378V3S037MONM 3E101 1031-0eld S!H1 NO W N CO PERTINENT TO THE PROJECT BUT ARE INCLUDED FOR REFERENCE. IT WILL BE THE RESPONSIBILITY OF ALL CONTRACTORS WORKING r m C) r o D i -m=Dc2mmm 03 1 mm c m m = 0 O 0 m m 20 5 0 c m = 0 m n �mmrmm0=�O 1- cn z X 0 cn m m Z D= 0 m- m c m0 00 O r m m=—I M m 0 0 cn y m< 0 m C O > 0 IM 0 -< < D C ?1 .-I�7 = W Z �OC(nm om mR3 =� < oN---- -a m— EC 1— m cn= D 70 r Z o 0 z m m W= > c o m O m C 0 r =mz(n 0 = 0 Dr• CO0c DZ cn r p H Z n m ITI Z m O m 0 m m 0 -< 0 D m 0 > -1m _ m 3 Or = m m z m - C) H m O < m m y m O > Z > o < T = H z m D 0 _ 0 0 m O = z c 0 0 ni m H 0 m = m Z 0 m :A H O m <� _ CDi m m m Mm c O = z n = co E 0 m X r c M -< z m m H m m O 0 cn m H —1 m = 0 m C H z m -1 cn F —1 SNOLL ION 3dV lVHI S3ION NIVINOO Ab'W 39Vd SIHi 'SIN3W3NIn03211031'ONd 2l0 S3ION 1031'ONd 77V N!VINO01ON S300 3SVd S!H1 :3OLLON PLUG ALL PIPES ENTERING THE MANHOLE AND FILL THE MANHOLE COMPLETELY WITH WATER. 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BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 DRAWN BY: RR REVISIONS CHK BY: TT NO. DESCRIPTION BY APPR DATE APP BY: RMIII SCALE: AS NOTED DATE: APRIL 2020 REVISIONS NO. 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W REMOVE ACCUMULATED SEDIMENT AND DEBRIS ONCE AGGREGATE IS 50% D 0 Z < 1:1 D 0 • O z 0) 0 co m D 0 m co I m 0 0 z D 0 BY PERMANENT MEASURES AND THE ENGINEER OR OWNER APPROVES N W F N m 0 0 0 cnz c 0 O z m z z 0 m Q0 m X 0 m m m co z 0 m cn D 0 D r - "=- co mem rTi Z D Z 0 D E m 0 z m m o) z• 0 0 0 z > (1)D D D Z 0 m o n C z H i- m co -1 m 0 C COill m 0 0 > Z 0) m -1 D ( 0 D 0 W Z F 0 zr12D 1:1� 0 D� m Z 00 -I0 m 0 CO mn 0 m Z 0 Z 22 -H D xoom( D-D > D r rn M z 0 m N 0 m 1N3W3AVd r 0 > M o mD m m �0o A 0 cn <z -0 m o m a m • leer 1' i .1®of ` 60 x'1' �i°01� °01•1 • °0 Of ,r�.lr�, l,r�.11It tf i°C1,14: �r�er C ltillot1PIPC G) mI� 0 i .,C m ,1"..f r�°1�r�,1i1°C D ��'�4A'�wr•'.�1 • 1 c m 11•6!'°,p',i,C p IIPIPIPII• ,C ie .4 q'opolii !�4'..'•�'•',c I!141 110j&C sr 01 0 -7:j m C Cm mZ G) n-1 m= D 3OVdHns 0) Z c 0 H I D 0 m m r Z ? m 0 m D r 4 W N N N m 0) N > I I m H -1 0 D Fm -m m0o mmmD^) r O�cn r cn cnm0 07IZI 0°X O�Om>O> O mDooDrz Or m z Wm 0 0c�2mm0 D D m I l m m Z D O m c X m > 0 m D E - � H mX-Im0m°00 0 O r I 0 W W W m mm cn —m0Icww>0 D mm-0mmo-) m u) m m m Z m Z D 5� o 0> 0 M jj m m 0 * 0 0 m >z 71 D0 m D 0 m 00 061 ° I 0 m D m> O xj m ,O m ZZ> T0) r 610-i 0 rmE z C 0 Om Z73 CO Om 0 z Dr =m m 37VOS 01 ION cn m 0 O z AND LENGTH OF ENTRANCE & EXIT. i� r sowItelesPliILVIpv• mmm O m D 0 co m m cn o co �mn m Z D 0 I -1 m 0r-> ry 000 O m - z mm 0 M 0 DZ rn0� N < mmm = Z 0 -< mm 1-m0 m m COD 71 _ 0 73 () m o I �<0) m mD 0 m 0) C col 0 m 0) Z C 0 I N coF N m 0 0 cnz c 0 O z m z z 0 m 90 m 0 m m m m 0 c m m Z 41. 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BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 DRAWN BY: RR CHK BY: TT APP BY: RMIII SCALE: AS NOTED DATE: APRIL 2020 REVISIONS NO. DESCRIPTION BY APPR DATE 11VOS 01 ION V J rn 0 z 0 11 z G) 20 0 rn z 0 20 n 0 rn T� V 0 rn 0 D Z 0 Z 0 01 z 01 m z 0 m 0 01 0 z m 00 �m M M Z �m C z 01 m (n Z O 01 m 0 G A08ddV 80 01 z C D r- 01 D 0 P1 01 � Z 0 m 77 -u < D D z z z -Cf) D m0 z0 0 < •m (1) D 01 r - m m Iv 01 1EIEWVIG z 01 I m C CO D PER MANUFACTURER 0 -um z z -D m m r - D Z -u 01 0 0 m 0 01 m D 77 N ITVOS 01 ION C7 0 m z m - o z- r00 0 0 Z = O CU FT] -m 0 0 77 77 CA O ..--A01 N) N CLEAR OPENING NEENAH FOUNDRY U.S. FOUNDRY EAST JORDAN IRON WORKS NEENAH FOUNDRY U.S. FOUNDRY EAST JORDAN IRON WORKS MANUFACTURER (1) 0 1 N J -P COVER— #9210048 FRAME— #8021361 OZ -17 LA —HAV81 O0I LA —8]A00 01 c0 CA O 1 Iv 01 COVER— #8018538 FRAME— #8022247 C1 CO MODEL NUMBER* REQUIRED ON ALL INSTALLATIONS PER CITY SPECIFICATIONS INFLOW INHIBITOR D )3Z 0 0 �(I) D O(n D m� 0 D M D 7:1 D D O � 0 Cn Z° m� 0m 0 m z 0 D 77 01 D 01 0z o0 m �Cf) D D 77 m 0 0 z m C m mc0 -m D 0 0 z -N 01 N 0_ 0 01 D 0 01_ I- 0 0 01 0 Cn m» > m C O 0 z O m C) <<I0 - r777Z UJD-O O z�0 r- Z (� I ° m ii (mi)CIOE �zii= D m 1 O D CP CA O r_ C= D O D_ >0mz 0000m Im z m o D O m 0 < Cn0 01 <00010= m,-100 m 010000> -D V) U) -I OD -I-7777r- M OED0 0 mV 0)-00 �m0m < Uzi i�00 z (f) p -I= 0 0 < 0 P1 - 01 �171 m rm0(/)0 -U 0 () 0 C -I 0 m n< 01 C0O D D D< 0 0 m 73< j Z C O mGO > M�m� m O== SCO DM CD CO O O D D 0 D D 0 0 0 m -1 zm - =gym cnm < 0= 00 0 01 077 171z m< _� z0OO Z 0001 z(n m-<< < D= D _ m _ Z z D )j01 = Z D 0 -I c cO 0 -nCi)m0 (n 0 Z O ,-1 0 _o Q> z D rm = m o ff z 0 7J m m m m m D 0 77 77 0 (n O r - m D 10 Cn Z 00 0 :8JHA03 GNV ONH HIOHNVA XVMGV08 01 D O I z m LEI 0 0 LEI 0 - n 77 Z 0 N N S]I0H>101d DES0T0 ONI2NH11H1 11VOS 0_ H H 0 z 0 11 rn �x V J H z 0 z 2 0 rn 11 CJ) ) m TV V m m 0 m 10 m 01 D z m X 01 Z O 0 Z O 77 m m 01 0 0 Z 01 O 01 0 01 10 0 m 01 0 77 0 C 01 c 01 CJ -1 C1 0 0 10 D 01 m 10 0 m 0 0 D m m 01 O c 01 Cn m Z O 0 Z m 01 m m 0 m z CA Iv 0 m m O m 01 Z 0 D 01 Cn 0 D 01 D 01 01 D 0 0 m TII1 1T8VM011 01 m Z 0 Z D 77 0 C Z 0 12. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ° 01 / CD cn Cn D 0 01 () O m 0 m 01 m Z O 01 TTIINOVB G ZIT18V1S 1NEWE0 01 z- m =m n 00 - U) O ° 7701 Z0 0 77 Z Dm 0 ▪ 01 m^ D 10 D_ Z 0 0 01 10 m Z� z m zo 0� DN18 MHN EGIA08d 00 m 77 Z SSEINIVIS 8811 H18VMOTd z (n m 77 SSVIS2lH81d GHSOdONd VARIES FLOWABLE 0 C D D (I) -1 0 < 10 D m Z -I0 M r- 0 77 0 0 m 11 01 m Cf) C CU m X Cn Z 0 01 01 m D 77 P1 0 m D r - IC D z N 01 D 00 0 m m 01 0 Z 0REMOVE TOP CORBEL d01A1 d1 NOIIOENNO0 01 O < 0 m d 0 77 0l m 7101 X < 0m 0Z- O � 0 D 0 Z 10 Z 0 m I- 1- m D m 77 D 77 0 m 0 m D r- D () 01 m 1NEW18VdSG J1IT110 z 0 01 m C/) D O 0 77 m 01 O m (NV S f1SVSk JTIf11d8JVO AS REQUIRED Z 0 m 01 D r- 0 1 1 1 01 01 D O z 01m 01 0 0 0 77 D D 0 O Iv 0 O > z00 < (n z O O O m z Z 75515 SSEINIVIS 01 m 77 Z O 00 NH88f N D < 10 O 0 0 0 10 0 01 D Z 0 01 m D 0 m 00 m Z O O C m X 01 z O m Cn O 0 Z Z m O 0 z O OAd d08d m 8 01 SNOIIVOOT 10VXs) ITVM NOIIVAVOXS \\\\ \\\\ 118VM015 H11M TTH 00 77 0 21 0 m 0 0 z 0 77 m 0 m 'HON ONIISIXS D r- 0 ITVM H'V 101S1l0 0 0 m 10 01 Z m 0 00 01 O O z 0 77 D O 0 m � 0 0 O z� m_ O mo 0 0 m 0 Cn m 10! 73 m 00 D 77 10 m Z m 0 77 0 Fri 01 Fri z 0 C1 01 00 D 10 01 (1 0 O O m (n 0 0 z 0 10 m m 0 O r - D 77 10 0 < 0 m CO CO 01010101 W N Cn m D 01 D Z z C 01 D 10 (n D 0 m D 77 0 C Z 0 'If10?�O 1VOIWEHO GNV Ed08J z z Cn m� 77 D �0 0 01 ci01Ti Z < (n m01 Z 01 O m 001 Z Q) CU-uZ- O _ < 171 Cf) 0 77 0 z 70 CU m Z 0 Z m 01 0 c 0 0 O m m Z 01 0 0 z (n 77 C 0 0 0 Z Z 0 C Cn m D 01 (n O z 0 m 0 0 0 Z D 0 m 01 -I-0m O O 0 �m< z m<0 010 (n z (1 �O0 D m 01 r- 0 00 0 77 D 0 77 0 <7710 0 G m m D D z Z 0 D O 0 0 0 77 Z 77 77 -UUO 0 0 (n 01 z mm -I-1 01 77 = _ -0 0 0 m z0 00 O u)m 0 0 m Z 7700)3 -I DO D O zc�o 0 77 CU0 O 0 < m -u D 0 X 77 r- _< O � O � 01 m 0 = 0 C o 6 z D 01 O I �77m� m77r1 I- -0 01Z 0 Z 0J 0 m Z C1 m = 0 - Z 0 O Z O mZ O mm zm 0 m 0 M m 77 77 O C O 0 0 z Cn Z c D 0 m Cn D (-nm 77 m 77 D O DD Z • D D Z D 0 77 O m 0 Cn 0 m D O O 0 10 0 z 0 D r- 0 m m Z m Z D 0 m 0 (f) D r- 10 m O c 01 D 0 Z (f) -H Z _ < m m O 0 0- Z 1 0 > z O m D (f) z D m CU 0 -) m mm P1 710 0 Z CU = 0 0Dm m 0 �1=- 00U) mZ om 1 _ 0 0 177 0 0 D uj O m D l 01 D O m 01 77 Z P1 -) m m 01 C r- 0 z 0 Cn 01 C 0 0 m D Z 0 0 r1 00 10 01 TIV ONIAOASH m m m 0 01 m 0 C D Z 0 m INIINd SH1 NSHOf10?1 JcTIVOINVHO1W 01 m O O z 01 77 D O 0 D m z m J 8 H80I008I5 NOIIVGNf01 01 0 0 m 77 01 77 D 01 01 O D z 0 m 0 m (n 77 D Z m 10 01 m D 0 0 77 0 m 0 77 D m 01 O 77 0 Z D r- 0 Z O O 0 z 77 0 r - O 01 m O O 77 z D 01 z O 01 D z Z 0 r - m 77 m 0 D 77 m 0 O z 01 77 D O 0 77 D 01 r- 0101 D < I O o r- 77 m 0 01 01 D m 77 D r- Cn 01 O 0 D 0 z (n Cn N m D Z 0 0 01 z m 77 NOIIVA505NI Z Fri m 0 Fri 0 O 77 m Z D 01 D m m D O Z Z m m X (1 Z O 01 D Z I 0 1 m 0 D 01 m m 77 01 01 0 01 z m 77 01 m r - m D 01 O Z :SHlON ET0HNVIN 8 n �1 V ' 0 co z O EMPIRE SUBDIVISION OFF-SITE WASTEWATER IMPROVEMENTS STANDARD WASTEWATER DETAILS (2 OF 4) SVVIOH1 -n z O ow.. y -A 0 O: D 1� ezIfi, . ** CO `.: OZOZ/20/170 ME MUNOZ ENGINEERING CIVIL•STRUCTURAL• MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240 PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 DRAWN BY: RR CHK BY: TT APP BY: RMIII SCALE: AS NOTED DATE: APRIL 2020 REVISIONS NO. DESCRIPTION BY APPR DATE Z O 0 0 P1 0 D FF Z 0 O D P1 0 P1 I 0 O z z E7 0 C_ 11 E7 0 m D 0 z CT) 0 11 m E7 0 D 77V97 01 ION V J m 0 m 0 0 z z m 0 0 z 0 m D_ VJ z 0 V J m m m - u O 0 O 0 m 0 0 m m z O 0 C 0 0 0 0 0 0 m z - N 0 D m 0 0 z 0 m m D 0 0 Z m 0 m D Z T z V O n > r 0 D J � C/) 0 z m Z z� 8 C"' 00 0 0 z 0 - u 0 0 m Inn 0 m 0 P O 0 0 NnO Z m 0O )J0 0 -u 0m D 0 P 0 D 0 0 0 I— CP m 1 O �0 m 871VM71SVM 0 O 0 O D O m D z D < 0 D 0 m N cn z O m n o CD 0 D 11 0 m 11 10 O 0 m P1 m 0 0 m 1N7W078W7 GNVS 7G1A087 z 0 10 ▪ No - 2 m 0 0 z 00 vo �1(n0 0 M 0 O < p1 Zn Eo O (1 z C I O O 0 > z z D N oz0 �7 m P1 P1 z 0 10 10 0 10 0 D r - m -TV08 01 ION 00 ?J787m8 (n F1 D Z Z 0 0 D 10 E7 10 z E7 m 0 m IncNV770 DEPTH AS REQUIRED D0 Cf) Cn m 0 M < D .0 m 01 �0 0 mm om D 0 m 0f7d G7aV78H1 OEI P1O U)0O0 01> 00 O POmo zomo z -u 0 0-0 0 0 0 Z < D m 0 Z m6000 Cf) m m x cn O ▪ F7 f 0 m P1< 0 0 O-0 Z—= 0 m �z om x -I z0D0 z(n T m < Z ▪ 6 -1 D m D O m 0 ozozzD m z D < m m z < m z0� �o O 0 m m 0 o 0 m-1 1- 0 m z D �z z z < m m 0 m 0z m -1D = O 0 0 0 00 0 E7 m Dm m 00 D )j -0 0D ZD 0 > I— (n —I z < FT] Z 71 0 m F m Z Fri—I m \0 Z D 0 0 D Z < Cf) 0 m 11 10 O m P1 z C 0_ 0 1 0 m Z 10 m 0 0 D z 71M InONV7T0 /1087 O z -17 CD m 0 1117 no < 0 11 0 1V 0710 1009 1f10-Nb21O D 0 D 1N7W7SV7 80 )\VM -70-1H018 01 d1010V11N00 0 0 0 0 P1 m 0 < 0 m 0 O z z m 0 10 O z D 10 O 10 m 0 O 01 z m V m n m 0 z z m 0 0 z z 0 m 77V07 01 ION z O 10 10 O 10 0 D r - m O CO m 0 O0 00 zo I-1- 0 C 0 0 m T O �V 0 0 D O 0z mm> D z o 0 C D I— 10 -lc 0 m -o m 0 C V J m 0 m 0 0 z z m 0 1 O z z 0 m / F0 ;\ O O 0 1780N00 11 0 z m 10 O 0 O p 0 0 m 0 P1 D 010 --01 D 11 < 0 m < zO 10 0 0 D r- r- CA 01 co N � 0 D - < 6 m 01 z 10 m P1 < o e. 0 m m z m 0 0 0 CD 0 z 10 10 0 0 - 01 0 0 0 0 0 m 0 -1 00 mmI D 1 0 0 r- 0 P1 D P1 0 m .0 0 VALMAT1C VENT OMAT H—TEC D MANUFACTURER AP°ROVED ARVs 0 VM 48AS OR VM 49AS MODEL RGXII (ST. STEEL) MODEL 986 (SS) AND 988 D-025 OR D-025 SHORT MODEL NAME W MATERIAL 01 0 0 \'!\!�\\\\\\\ O 0-17 7T1107HOS no z 0 r- 0 \\ 10 0 m NOI10SNNO0 01 SIM—VWH'7d 0 (n E7 E7 m n 0 01 m D z O C 03 d'7ddO1S OAd 03 0 0 m 0 CO D < r- D P1 - 10 0 O D nu z�� 0110 m P1 O zz� 0 m D 0 11 Z 0 00< m � �� r 1 O 0 > 10 Fl C0 0 01 0 m m O 01 0 m .0 C_ m 0 z 10 P1 0 0 0 0 D n n 0 71 r- 0 m 0 D 0 0 01 0 D 01 m \i\ 8' OR DEEPER Wm - 4' MAX. I �1 01 V J N EMPIRE SUBDIVISION OFF-SITE WASTEWATER IMPROVEMENTS STANDARD WASTEWATER DETAILS (3 OF 4) 9 SVWOHl z ii 0 0 0 0 ME MUNOZ ENGINEERING CIVIL•STRUCTURAL• MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240 PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 DRAWN BY: RR CHK BY: TT APP BY: RMIII SCALE: AS NOTED DATE: APRIL 2020 CU 0 m Iv 0 01 D 01 m N W 0 D O 0 O 10 m 01 m 0 0 D CO m D 0 0 10 m 0 D . LZ� AID I0GXl Cn 01 0 z m 0 m 0 m CI GO z m 0 0 D < m r- m m 01 Z 0 10 NOI1VGV2AO z 01 m m S N O I1VAVO X] v N 0 0 10 m m r- 0 D 01 m 10 01 D m r - m a]HsnO Hsn m D D Cn z 0 01 z CD (n m X < m I W O A O O 01 01 D X m D Cn GO z 0 N m m O O D z 0 z D 0 0 01 0 z m m 01 (n Z m 0 0 -u 7J m O C m 01 m z 01 01 0 -n D 01 01 C7 N 00 01 0 10 01 m m 01 z 0 01 Z m -1 O 01 0 O z 0 O 10 01 E n 01 D 11 OZ> SNOIIVAVOXd 0 m m D z 0 D 0 0 < m D m 01 D m 7VHThVV ]Sn 0 0 0 0z 0 Cn C GO O 01 m• z 0 CD CU _< O 71 m O 0 j �1 z C 01 Cn=m- =rT1Zz Z 0 -1 0 z m D 00P10� mC�1D 10 0 D • D 0 01 O o C (n C O m D D m GO CO 0 m D O z m z 01 (n 0 P1D 0 z z 0 0 0 01 D GO 0 0 Z C O D C D m mFri 00 n 0 m 0 D O m � D 01 O m 10 D r- 0 10 01 d]Ad8 GNV ONIaa]B 77V P1 0 • u P1 0 IN) I� 0 C�1 u P1 W P1 0 z 11 L > OV8 e P1 01 O 0 01 a]OVA7VS co m NO a]OV1d 0 m 01 z D 01 Cn 0 01 0 O C 0 r - m m 01 9 0 z 01 01 10 C 0 01 0 z 01 0 z 01 01 0 m Cn 0 Ci m m 0 X X D Z Z 0 0 O 0 z O m X 01 r - z D WI m 01 m I+ C1 0 m O 70 01 01 C 01 01 adlsnraV I8 O1 ]dn1SIOk (n 01 • • m 0 0 01 0 0 01 co O O 01 01 D O 01 %S6 01 -1VI:11IVW 0 0 0 < m m X m 01 CO 01 O m m D 0 m O m D 01 D z N z 0 D 01 Fri 01 Fri 01 m 0 Cn D z 01 0 r - c m (n D00(nCU 01 D z O >rn 00 7• CU0 m P1 0 r100> 710000 P1 0 m mm00(n O O = O 0 < m 070 CU 01 CDmnF0> O 70 > r- CD m CO Fm I 1- 01 m 01 O 01 O + N A 0 0 O m 01 C 01 0 m D 0 c (n 01 m 01 01 0 O1 d�Jn1S10W m 0 0 0 0 Z IX) -N U1 m 0 01 0 01 1 1 I I I 0 0 0 0 0 0 0 0 Cn - 0 z D 01 (n z 0 D D D 0 Z F0 O C z m 01 m z 01 (n D D 0 01 01 D 0 .01 r - ONIM07101 a]ZI718V1S 1NdkN O IR TIVHS 11IH>1OV8 CD CU 0 -1 0 O 0101 0 m m )3 01 0 0 > 0 co O D 01 Cn O m 0 m 10 0 D 0 m D (n m 01 0 (I) M D 0 01 D DJ N mM 0 N D I z m. CO m r- 0 1NYWdO dSn NdH1 0 0 O o m Cn 5 zP1 0 m -1 1- m O 01 01 D m D 01 0 10 O 01 N 0 I IVAV O X d SUFI ]SOON 0 71 Iv 01 D >< O < 0 O < 4 m 01 D C -H PJ m `O I C1 A 0101 O cfl c 0 m 01 0 O 01 0 01 z 0 0 01 C 01 co N 0 01 01 A CA 01 D 01 m 10 D r- 0 z D 01 01 m m 01 01 m 0 r- 01 0 z 0 GO m m O m 10 0 -I-1 m m 01 D<- o m m D D r -M •0 z .. CO O W 7 Oj n O D 01 01 0 m m c z lo m 0 m ✓ m 0 m VJ z N) o O P1 C�1 P1 z Uri 0 W P1 d1VOS 01 ION D Z 7� om -az D n m o0 D m 0 zmDo I m� D O DO O D cm m Z m ern ^ V J 000>z 100z0 0000 zFri 0.. �r<T1 z m IU 01 D * x 00 - m O < O D 0 Dz z C< 0 D �0 0� D m m 10 D r- MUST BE INCLUDED IN THE DRAWINGS/PERMIT APPLICATION. 0 0 0 0 D + N PAVEMENT REPAIR IN RELATION TO THE ROADWAY TRAVEL LANE(S), FINAL BACKFILL SEE TABLE 2—ITEM A (UNPAVED AREAS) 01 D 0 z m 01 O D D CO 10 0 z m< 0 0 m N m \\, Wdll—Z IH8V1 ddS lIOSd01 0 C D z MCO D m 3H1 AO HIGIM GNV H1DN3l 31VWIXONddV 3H1 SNIGf11DNl 3E11 AO VRIV 31VINIXOHddV ;\;\ j\ ,\\\\ /\(\�6\\,\\iii VARIES m x Z G1 m rn z Ln m (-) O m Z (-i T1 D � < D O O z z D < m m � r m n z n D m D_ z 70 Z 0 3H1'03d01S3H GNV lf1D 38 01 AVMGVOH GNV 1N]W3AVd 3H130 3Hfl1VN 1VN3N39 3H1 S]IVDIGNI 1VH1 NVld NOIlVH01S3N GNV 1f1D 01 D 01 m 01 D r- D 0 01 m NO3 71VHS lV1nNV2lO 10 ISI 1N31A13AVd D13ID3dS 31IS V 'S133N1S 313N3NO3 NO 1N3W3DV1d3H ONIaa]B 1-V D z 01 z 01 D r- 0 D 0 71 0 r- 01 13NVd 1183 GNV 1S133H1S 11VHdSV NO SlfD HVIf1DIGN3dH3d 0 m PO r D v m m z 30 m 30 T1 O PO 0 30 m n 0 50 Iv 6 m Tl O 7J 3NVl llfl3 `d OSIV If18 'HDN3211031DVdWl 3HI AINO ION 3O dlVd3d ANY UTILITY RELATED STREET EXCAVATION/CUT SHALL INCLUDE "NOIID3S GVON 3H1 DNI11f13 MI 0311V1SNI 38 ANGLE AND HAS AN O.D. OF 6" OR LESS WILL NOT BE PERMITTED TO JV1f1JI0N3dH3d NV3N 2IO JV1f1DIGN3dd3d V lV MON 3H1 S3SSOND 01 D 01 m D r - C/) m m D 0 01 m 01 m D 1VH1 3O NOIIVYIVISNI 3H1 'SIfJ 133H1S Alllllfl lld m X 0 D D 0 z 0 01 m O 10 01 m HOA 03NIlb3N SI 1N31AlIHVd3G S33IAN3S 1N3Wd013A3G AIID WON3 (n m r - m 0 01 01 D m 10 D r- 0 01 11WN3d V'SNOI1VAVDX3 (INV SIfD 111 313IIHV 01700E0 'ONO AMD N3d z O m / D D z 0 o 70 0 r- r - D 0 7 0 m 0 m 01 m z 01 O 01 Cn z D 01 01 m m 01 m z 01 G Z111RVI _ = X O D O z rm 0 _ Cn I 0 cn m m 01 00 m 01 m m X 0/) 01 z 0 D C7 c_ D O m z 01 m D Cn m 01 z m Cn N J 01 m D 01 m m D (n m 0 m n z m (n 01 Z D z 01 z m z O D (/) m N \\S 01 01 z z 0 D m m Z 01 C z D m 0 m m 01 I1]10N00 m m 0 D m M IN) Cn 01 z. D z -1 Z 0 171 M m (n 0 zz� (n Z O 01 O O 0 D D P1 m m X CO GO m II m z D 0 0 O mm < 0D Z 0� M :'IVd]�l 17VHdSVJ 0 CA F0 01 CO < z 01 z O 70 z m (n CO 01 IF D z 01 I F0 01 Z 0 70 z En Cn (n 0 m m X co 01 z 0 Z z 0 0 D (n m Cn I D 0 m D < m D < m m z co �m n 6 CO IV 6) (133 o co z 0 EMPIRE SUBDIVISION OFF-SITE WASTEWATER IMPROVEMENTS STANDARD WASTEWATER DETAILS (4 OF 4) 9 SVWOHl ME MUNOZ ENGINEERING CIVIL•STRUCTURAL• MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240 PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 DRAWN BY: RR CHK BY: TT APP BY: RMIII SCALE: AS NOTED DATE: APRIL 2020 REVISIONS NO. DESCRIPTION BY APPR DATE OPINION OF PROBABLE CONSTRUCTION COSTS Project• EMPIRE SUBDIVISION CITY MASTER PLAN WASTEWATER IMPROVEMENTS Date of OPCC: July 29, 2020 Owner. Mostaghasi Enterprises, Inc Contact: George Mostaghasi Address: 8026 Bar Le Doc Corpus Christi, Texas 78414 Engineer. Contact: Address: E -Mail: Project #: Munoz Engineering. LLC Thomas Tiffin, PE 1608 S. Brownlee Blvd Corpus Christi. Texas 78404 ttiffin©munozengrg corn 190026 TBPLES Firm /12240 Legend: ADA = Americans with Disabilities Act Conc = Concrete DI = Ductile Iron HDPE = High Densly Polyethylene HMAC = Hot Mix Asphaltic Concrete HP = High -Performance Polypropylene PVC = Polyvinyl Chloride RC = Reinforced Concrete RCP = Reinforced Concrete Pipe Refl = Reflective MJ = Mechanical Joint NOTICE: This Engineers Opinion of Probable Construction Costs (OPCC) was developed from actual bid quantities and bid prices ITEM NO. DESCRIPTION STORMWATER POLLUTION 1 Pollution Plan and Information Sign 2 Stabilized Construction Entrance & Exit 3 Reinforced Filter Fabnc Fence 4 Concrete Washout Fence 5 Dewatering Fence Seed (Area of Utility Easement and Construction Easement) SITE WORK 7 8 SANITARY SEWER UTILITY 1 Sanitary Utility SDR26 10• PVC 2 Sanitary Utility Trench Safety 3 Sanitary Utility Dewatering 4 Sanitary Utility 5' Diameter Manhole with Bollards 5 Sanitary Utility - Tie to Existing 6 Sanitary Utility End Plug - 10" 7 Sanitary Utility Pavement Repair 8 Sanitary Utility Miscellaneous Items 6 Site Preparation Site Grading - Regrade Disturbed area to Existing Conditions EASEMENT AND FEES 9 Easement Through Adjacent Property 10 Professional Services • Engineering 11 Professional Services - Surveying 12 Project Bond and Insurance AC = Acre DY = Day EA = Each GAL = Gallon LF = Linear Feet LS = Lump Sum SF = Square Feet SY = Square Yards W = White Y = Yellow UNIT ESTIMATED QUANTITY EA 1.00 EA 1.00 LE 50 00 EA 1.00 EA 3.00 SY 7,200 00 AC 2.50 LF 1.361.00 LF 1,361.00 LF 1,36100 LF 1,361.00 EA 7 00 EA 100 EA 100 SF 480.00 AL 1.00 LS LS LS LS UNIT PRICE TOTAL COST $ 4,600.00 S 4,600 00 5 2.000,00 $ 2.000.00 $ 5 00 $ 250.00 $ 600.00 $ 600.00 5 600.00 S 1,800.00 5 100 $ 7,200,00 $ 1,500 00 $ 3,750 00 S 10 00 $ 13.610 00 $ 140.00 $ 190,540 00 $ 10.00 $ 13.610.00 S 30 00 S 40 830.00 5 9,500 00 $ 66,500.00 $ 4.800 00 $ 4,800.00 $ 300 00 $ 300.00 $ 30.00 $ 14,400 00 $ 30,000 00 5 30,000 00 1 00 $ 2,500.00 $ 2,500 00 1 00 $ 36,000.00 $ 36,000 00 1 00 $ 9,500 00 S 9,500 00 1 00 $ 11,843 70 $ 11,843 70 MASTER PLAN IMPROVEMFgSoiroxiv COST $ 454,633.70 • '' -4:4 ,;! k 1 *•4 ...,itellzo e. ...k1 THOMAS B. TIFFIN 6CENS This Engineers Opinion of Probable Construction Costs (OPCC) was developed from actual bid quantities and bid prices. MNICNRoI 1bIMpneY uwinwnwMEnwWtomanaff..uLmew tam.. Win P1 NwV 'Nww"r'H. One 76300721 Page 1 of 1 1.1.1.111 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following in ormation. Every question must be answered.�If the question is not applicable, answer with "NA". FIRST NAME: 'D55 e T i � �2 C I 1 Qr5 STREET: ?Da[Q erkf LQ'b00--- CITY: ZIP: / FIRM IS: al. Corporation 02. Partnership o3. Sole Owner o4. Association o5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name None None IN Pk' Job Title and City Department (if known) None None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title None j(4--/ None None None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name None None v\IV Board, Commission, or Committee None None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "fine". 1 v Name None None CERTIFICATE Consultant None None I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: (Type or Prin Signature of Certifying Person: Title: Date: 1 a - �Z� Department of Development - a Date Created: 5/29/2020 By: ReyR Services Empire Subdivision Location Map Reimbursement Agreement Reimbursement Agreement with Mostaghasi Enterprises, LLC September 15, 2020 Location Map LOCATION MAP c5r Cllylki% c. -4 2 Project Map Empire Subdivision property 10 -inch collection Line 3 Recommendation Approval The reimbursement agreement is in accordance with UDC Section 8.5.2 Wastewater Trust Fund. The applicant has paid the required processing fee for the reimbursement agreement. Wastewater Master Plan 1 LS #13 OPTION 21 f a .41 • .447 /C.. } / lj LT 1/ FINAL CI, PC 121 WAS r xw F4p 10 -inch wastewater line fl s �11 WASTEWATER COLLECTION SYSTEM MASTER PLAN OSO W.R.P. SERVICE AREA SUB BASIN SPA 30 5 Preliminary Plat og gg0. rgi! 20 WI OF LT VIKY...HI HLLRF IBC FPM U.F1 TRTC1 POC eFMOB. 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PP.Rx11.T. 850,10.00.9..9,1 6,AR.9.& r1SEL .0 2A FLL}F eLur Rp1G [Ped Ed tture eOC 8016006 ATe, o P.Ped FT 1 ;.`3J,9p5 SFT SI 1I S 9.95+0 i E..1111 SFT., V 10 1P ▪ �1BswE' " •.. ,8 nxFor 9i. is, d a id $ 7,1E2 EFT 8 MiY IL.a 120.01 9a B T�i1S EPT SF 15` .• EA3 b g T599FT "`.n 1. .P it 8* :p mat gQ b8P'bw xa 2ae-_ g LR13FT I. 2eFSi �-F g T.1T]9T s- 9PI-0N W S[ ] nr r1 _ ,� I nw.,1o� } • e .�T.161EFi 19, EC V ---.-1▪ .r-1:7---- -'--1mw---- 86 1a arE T..140 SFT MM. .r NYE 99 140 01 a 16 g 1.203 EFT 911'1J11 - 120.03 $ 1] T 8 7,162 �[ rim AS Al EFT 1109 8- ' 10 _ T,19Y9FT • 11003 Rp•w2FT 8yOEmdEih 9enL _ G1P� 1000.. x.'19_. mm.l. mid___ mica.:.emm. _ $ g 8 m 8 8 ` 8 Ru a _e _ .. a .g -go .. d oE 0.10 1100 6093 409 1P Ip ex mg m8 Ls.12,41 m e Ms yss tElv'ry .1i17LO. 9. B}W-__-taOY__.ffiLO_. _. mm' -, r_. m r T RUC -699 • 10.10_ m 9 - 9* ▪ mc_.1.101f mo BOF YVYETe urr2 Q oowLECxe191 UOLA?.FafNAALT ilii* VT p•.mn^a m Sam _ am_ 1 _ , 0 . eL0O.� g�8 NAM 0 5a 3+86 4V r1 7 ;s s0 • 9 $m� . ee a 91 Qo� eel 399014 c ss+ss -- A`g 1119 .m-.... J111G E- 1010 91 WIIC1 Gr, P1MrrEUA1EMO4R,CP1N310 Sax AGREOrr LW9.!HUMP. 9.11-614.99. 1.015H29TE Alq $9490£1 PEPCAT11:0 81 a2 FREVJl 14* BREEZE UNE TABLE Ll ver 1O0P for MAY& 1@r 929£ L5 4003 re* 4er et9S9 u ear INL• 1@ 1217E Ls 1932 xisl. rim 121 Y1 E,159 EFT A 9 i;F r.1 ,9 r ,a g 1,;rg 1e odc mamma. Leer tgxuTT merrimo11 0.mWutlao-T S y T I m - 1 T EI B1 66J z AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 15, 2020 Second Reading Ordinance for the City Council Meeting of September 22, 2020 DATE: August 3, 2020 TO: Peter Zanoni, City Manager FROM: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 Acceptance and appropriation of the Women, Infants and Children (WIC) grant contract in the amount of $1,006,829.00 for the period October 1, 2020 through September 30, 2021 with a contract duration to September 30, 2025, subject to appropriation from the Health and Human Services Commission, and The WIC grant supports 21 positions. CAPTION: Ordinance authorizing the acceptance and appropriation of a grant contract to theWomen, Infant and Children's Nutrition Program (WIC) for a total contract amount of $1,006,829.00 for the period of October 1, 2020, through September 30, 2021, with a contract duration to September 30, 2025, subject to appropriation from the Health and Human Services Commission, and authorizing a staff complement of 21 positions. SUMMARY: To provide funds for personnel costs, supplies and other expenses for the WIC Program that provides supplemental foods, health care referrals, and nutrition education for eligible low-income pregnant, breastfeeding, and non -breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk within the State of Texas. BACKGROUND AND FINDINGS: Population Served: The WIC target population are low-income, nutritionally at risk: • Pregnant women (through pregnancy and up to 6 weeks after birth) • Breastfeeding women (up to infant's 1st birthday) • Non breastfeeding postpartum women (up to 6 months after the birth of an infant) • Infants (up to 1st birthday) • WIC serves 53 percent of all infants born in the United States • Children up to their 5th birthday Filled Positions: 1 Program Manager -FT, 3 Nutritionist -FT, 1 Registered Dietitian -FT, 3 Community Service Aide - FT, 2 Lactation Peer Counselor -FT Vacant Positions: 1 Sr. Account Clerk -FT, 6 Community Service Aide -FT, 1 Adm Support II -FT, 1 Lactation Peer Counselor -FT, 1 Lactation Peer Consultant -PT, 1 Custodian -PT ALTERNATIVES: Refuse the grant, reject the 1,006,829.00 and lose the WIC program. FISCAL IMPACT: The WIC grant will not have a fiscal impact for 2021 to the general fund, this grant is 100% grant funded and this funding will pay for WIC salaries and operations. Funding Detail: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831321 F Mission Element: 106 Conduct Health Education Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000802100001 Notice of Award Ordinance Ordinance authorizing the acceptance and appropriation of a grant contract to the Women, Infant and Children's Nutrition Program (WIC) for a total contract amount of $1,006,829.00 for the period of October 1, 2020, through September 30, 2021, with a contract duration to September 30, 2025, subject to appropriation from the Health and Human Services Commission, and authorizing a staff complement of 21 positions. 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 and appropriate a grant from the Health and Human Services Commission in the amount of $1,006,829.00, for the contract period of October 1, 2020, through September 30, 2025. Section 2: The proposed personnel complement of 21 positions is authorized for carrying out aspects of the approved contract Section 3: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 6: Each fiscal year, should funding be awarded, upon execution of the grant agreements, that the grant funds awarded by Health and Human Services Commission for the WIC program shall be deemed appropriated in the No. 1066 Health Grants Fund for the WIC program and said funds may be spent by the Corpus Christi Nueces County Public Health District for their intended purposes upon receipt of funding. Section 7: That the City Manager is authorized to execute contract amendments pertaining to these funds in the following instances: a) carry-over funds, when ascertained and approved by the funding agency through a revised notice of award; b) amendments which will provide supplemental grant funds; c) reimbursement increases of administration funds for each participant served; d) amendments to comply with applicable State or Federal laws and regulations; and e) amendments which do not change the essential purpose of the grant. Section 8: A copy of the executed grant shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, 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 2020, 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 TEXAS Health and Human Services Texas Health and Human Services Commission June 22, 2020 Phil Wilson Executive Commissioner Kathrine Gaivan, WIC Director Corpus Christi - Nueces County Public Health District (City), LA #038 1702 Horne Rd Corpus Christi, TX 78416 RE: Health and Human Services Commission (HHSC) Women, Infants and Children (WIC) Local Agency Contract #HHS000802100001. CFDA Grant 10-557 Awarding Agency/Contact United States Department of Agriculture FNS Southwest Regional Office Food and Nutrition Service 1100 Commerce Street Room 522 Dallas, TX 75242-9980 (214) 290-9810 This is a notification of your organization's FY 2021 (October 1, 2020 to September 30, 2021) WIC Local Agency funding. Your organization will be receiving funding as listed below: Funding Formula Rate (FFR): $15.08 Project Project Contact Project Total ($) Type of Allocation Admin Nutrition Education Breastfeeding General Admin Funding Elsa Rodriguez E1sa.Rodrigucz2 avhhsc.state.tx.us 802,324 X X X Peer Counselor Asia Sartor Asia.Sartor@hhsc.state.tx.us 84,469 X Registered Dietitian Stephanie Holland Stephanic.Hollandl@hhsc.state.tx.us 42,000 X X X Lactation Services Neesha Bukht Neesha.Bukht a3hhsc.statc.tx.us 7,200 X P.O. Box 13247 • Austin, Texas 78711-3247 • 512-424-6500 • hhs.texas.gov Kathrine Galvan June 22, 2020 Page 2 Project Project Contact Project Total ($) Type of Allocation Admin Nutrition Education Breastfeeding SNAP -Ed Program Nutritional Education Juliette Coronado Juliette.Coronado@hhsc.state.tx.us 10,000 X Extra Funding — Summer Food Prog Jennifer Berringer Jennifer.Berringer@hhsc.state.tx.us 4,516 X Extra Funding — Improving Participant Experience/ Clinic Kara Nemethy Kara.Nemathy@hhsc.state.tx.us 50,500 X Extra Funding — TXIN Internet Cindy Varnador Cindy.Varnador@hhsc.state.tx.us 5,820 X Funding Total $1,006,829 This notice does not relieve the agency from seeking additional approvals as required by WIC Policy. All purchases must be in compliance with WIC policies and the Uniform Grant Management Standards. For HHSC to track local agency expenditures, please submit a separate State of Texas Purchase Voucher (Invoice) for reimbursement of actual allowable costs associated with each project. When submitting the Extra Funding voucher, include all Extra Funding Projects expenses onto one State of Texas Purchase Voucher. Identify the Project by listing the Project name on the Unit Price Column and its corresponding expense on the Amount Column on the face of the voucher. Example: TXIN Internet 1 $500.00. When submitting the SNAP -ED funding voucher, include all SNAP -Ed Projects expense onto one State of Texas Purchase Voucher. Identify the Project name on the Unit Price Column and the corresponding expense on the Amount Column on the face of the voucher. Example: SNAP -Ed NE 1 $350.00. If the allocation amounts on special projects are exceeded, any subsequent amount billed will be charged to your administrative WIC Funding. For questions regarding purchase requests, please contact Belinda Saunders at WICLARequestsPhhsc.state.tx.us. Kathrine Galvan June 22, 2020 Page 3 For questions regarding funding concerns, please contact Cindy Varnador at Cindy.Varnador@hhsc.state.tx.us. If you have any questions or require additional information regarding your special projects, please use the project contact information listed above. Sincerely, Edgar Curtis Director Texas WIC Cc: Annette Rodriguez, MPH Director of Public Health DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B SIGNATURE DOCUMENT FOR HEALTH AND HUMAN SERVICES COMMISSION CONTRACT No. HHS000802100001 UNDER THE WOMEN, INFANTS AND CHILDREN'S NUTRITION GRANT PROGRAM I. PURPOSE The Health and Human Services Commission ("HHSC" or "System Agency"), a pass-through entity, and Corpus Christi-Nueces County Public Health District (City) ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for the Women, Infants and Children's Nutrition Program (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of 42 U.S.C. § 1786, 7 CFR Part 246, and Chapter 32 of the Texas Health & Safety Code. III. DURATION The Contract is effective on October 01, 2020, and terminates on September 30, 2025, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. Notwithstanding the limitation in the preceding sentence, System Agency, at its sole discretion, also may extend the Contract beyond five years as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by System Agency to serve the best interest of the State. IV. BUDGET HHSC will issue an annual funding letter ("Notice of Award") to Grantee by July 1 setting the award amount for the corresponding fiscal year. HHSC will notify Grantee of any changes to annual funding amounts by issuing a revised Notice of Award. Grantee acknowledges and understands awards under this Contract are subject to federal funding to HHSC to facilitate the WIC program All expenditures under the Contract will be in accordance with ATTACHMENT A, STATEMENT OF WORK. Indirect Cost Rate: The Grantee's acknowledged or approved Indirect Cost Rate (ICR) and either the ICR Acknowledgement Letter, ICR Acknowledgement Letter — Ten Percent De Minimis, or the ICR Agreement Letter is incorporated into this contract by reference. If the System Agency, at its sole discretion, approves or acknowledges an updated indirect cost rate, the new rate, together with the revised ICR Acknowledgement Letter, ICR Acknowledgement Letter — Ten Percent De Minimis, or the ICR Agreement Letter, will be incorporated into this contract by reference. HHSC Contract #HHS000802100001 Page 1 of 4 HHSC Grant - v 2.14 Effective: May 1, 2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B V. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency Grantee Health and Human Services P.O. Box 149347 Austin, TX 78714-9347 Attention: Cynthia Wright, HHSC Contract Manager cynthia.wright@hhsc.state.tx.us Corpus Christi-Nueces County Public Health District 1702 Horne Rd. Corpus Christi, TX 78416 Attention: Annette Rodriguez, Director of Public Health annetter@cctexas.com VI. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Grantee Health and Human Services 4900 N. Lamar Blvd., Mail Code Austin, TX 78751-2316 Attention: Office of Chief Counsel Corpus Christi-Nueces County Public Health District 1702 Horne Rd. Corpus Christi, TX 78416 Attention: Annette Rodriguez, Director of Public Health VII. NOTICE REQUIREMENTS Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notices by providing written notice to the other Party. All notices submitted to System Agency must: A. include the Contract number; B. be sent to the person(s) identified in the Contract; and, C. comply with all terms and conditions of the Contract. VIII. ADDITIONAL GRANT INFORMATION A. Grantee Data Universal Numbering System (DUNS) Number: 80-678-1373 B. Catalog of Federal Domestic Assistance (CFDA) Name and Number: • Name - Number: 10-557 Special Supplemental Nutrition Program for Women, Infants & Children (FOOD, ADMIN and PEER) • Name - Number: 10-561 Supplemental Nutrition Assistance Program C. Federal Award Period: October 1, 2020 to September 30, 2021 HHSC Contract #HHS000802100001 Page 2 of 4 HHSC Grant - v 2.14 Effective: May 1, 2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B D. Name of Federal Awarding Agency: United States Department of Agriculture (USDA) - Food and Nutrition Service (FNS) E. Awarding Official Contact Information: FNS Southwest Regional Office Food and Nutrition Service 1100 Commerce Street Room 522 Dallas, TX 75242-9980 (214) 290-9810 SIGNATURE PAGE FOLLOWS HHSC Contract #HHS000802100001 Page 3 of 4 HHSC Grant - v 2.14 Effective: May 1, 2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No. HHS000802100001 HEALTH & HUMAN SERVICES COMMISSION CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) Signature: Printed Name: Annette Rodriquez Title: Health Director Date of Signature: Date of Signature: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT NO. HHS000802100001 ARE INCORPORATED BY REFERENCE: ATTACHMENT A — STATEMENT OF WORK ATTACHMENT B — UNIFORM TERMS AND CONDITIONS - GRANT ATTACHMENT C — CONTRACT AFFIRMATIONS ATTACHMENT D — SPECIAL/SUPPLEMENTAL CONDITIONS ATTACHMENT E — FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT F — FFATA ATTACHMENT G — DATA USE AGREEMENT ATTACHMENTS FOLLOW HHSC Contract #HHS000802100001 Page 4 of 4 HHSC Grant - v 2.14 Effective: May 1, 2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will: 1.1 Perform professional, administrative and clerical services necessary to determine eligibility, provide food benefits, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area. Grantee shall ensure adequate staff coverage and uninterrupted delivery of services. Services shall be performed according to the statutes, rules, policies, and directives of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or as directed by the United States Department of Agriculture (USDA) as referenced in this Contract. During the term of this Contract, the USDA may issue regulations, instructions, policies and/or directives, which may be incorporated into the current System Agency WIC Program Policy and Procedures Manual and program rules. 1.2 Determine eligibility of applicants through assessment of their categorical criteria, income, residence and nutritional status, and provide nutrition education and counseling to eligible participants. 1.3 Review the immunization records of WIC Program applicants/participants to ensure that immunizations are current. Make appropriate referrals to health care providers for necessary immunizations according to WIC Program policy. 1.4 Determine participants' access to health care, medical care and other human services, and make appropriate referrals. Grantee shall have a system in place to provide participants with appropriate health services or make appropriate referrals to health care providers under written agreements that ensure confidentiality of participants' personal information. 1.5 Issue pre -numbered WIC Electronic Benefit Transfer (EBT) cards furnished by System Agency to qualified participants who shall use such EBT cards to obtain specified food items from participating vendors; maintain complete accountability and security of all WIC EBT cards received from System Agency. Grantee shall be held financially responsible for all unaccounted WIC EBT cards and/or for the redeemed value of those issued to ineligible participants. In addition, Grantee shall be held financially liable for issuance of infant formula instruments that are not authorized or prescribed according to the System Agency WIC Policy and Procedures Manual. 1.6 Provide services within the state boundaries of Texas and in the approved clinic locations described in Grantee's approved application which is incorporated herein by reference and made a part of this Contract. 1.7 Appoint a Grantee WIC Director/Supervisor. System Agency Contract #HHS000802100001 Page 1 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK 1.8 Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:OOp.m., Monday through Friday, according to the Grantee's System Agency -approved Annual Plan of Operations, which incorporated by reference and made a part of this Contract. 1.9 Assist System Agency or USDA in the collection of data that will identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by System Agency's WIC Program policies and procedures for the compilation of such data. 1.10 Become and maintain designation as a Mother -Friendly Worksite in accordance with 25 Tex. Admin. Code§ 31.1. 1.11 Implement or expand Grantee Breastfeeding Peer Counseling program to provide training and salary of peer counselors who assist pregnant and breastfeeding WIC program participants in normal breastfeeding situations. Provide clients with after- hours peer counseling services. Funding for this activity will be contingent on availability and written approval by System Agency. 1.12 If selected by the System Agency, implement or expand Grantee Breastfeeding Peer Dad Program. A. The Peer Dad Program is separate from the Peer Counselor program. B. If selected, Grantee shall submit to System Agency for review and approval a quarterly activity report in a format designated by System Agency. The activity report shall include goals and objectives, strategies, activities, timeline of events and performance measures for implementing and evaluating the program. Grantee shall submit the activity report to System Agency within thirty (30) calendar days after the end of each quarter during the Contract term. 1.13 Stock System Agency provided manual pumps, single -user electric breast pumps and multi-user electric breast pumps, collection kits, and purchase additional sized flanges. Distribute the appropriate pumps, kits, and/or additional sized flanges to eligible WIC participants. System Agency reserves the right to withhold payment if Grantee fails to accurately complete and submit online breast pump receiving reports within three (3) business days of receiving a System Agency breast pump delivery as documented in the current WIC Local Agency policy and procedure manual. 1.14 Implement or expand Grantee's use of a Registered Dietitian (RD) who is registered with the Commission on Dietetic Registration to provide for Grantee that includes, but not limited to: high-risk individual counseling, developing and conducting facilitated discussion nutrition education classes, consultation regarding the appropriate issuance of special formulas, nutrition publications and visual aids for on the job use, implementing staff training, assisting with the Annual Nutrition Education and Breastfeeding plan, and plan and assist with special projects. System Agency Contract #HHS000802100001 Page 2 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK 1.15 Train Local Agency staff. The term "Local Agency" is defined at 7 CFR § 246.2. 1.16 Develop an Outreach and Retention Plan and submit to the System Agency as part of the annual Nutrition and Breastfeeding Plan as required by WIC Local Agency Policy. Conduct outreach to potential participants and community partners and implement strategies to retain existing participants in accordance with Grantee outreach plan. 1.17 Complete surveys as requested. 1.18 Provide all WIC local agency employees providing services to WIC clients, a computer that has access to the WIC Management Information System (MIS) system and meets requirements set by the Texas WIC program. 1.19 Coordinate with System Agency to visit the physical address of a proposed grocery store outlet and determine if a store exists at the specified location and confirm the signage closely matches the indicated store name, if signage is present. Grantee shall send System Agency an email correspondence indicating findings on a form provided by System Agency, within five (5) business days of receipt of the form. 1.20 Resolve all possible dual participation records anytime the "duplicate detection" grid appears in the MIS. System Agency reserves the right to withhold payment if Grantee fails to accurately resolve all possible dual participation at the time of certification. 1.21 Implement special projects according to System Agency -approved plan related to nutrition education, outreach or breastfeeding if project is requested by Grantee and approved by System Agency. Funding for special projects is contingent upon availability and approval in writing by System Agency of the Grantee's plan for the special project. 1.22 If selected by System Agency, provide meals to WIC participants as part of the WIC Summer Food Service Pilot Program in collaboration with the Texas Department of Agriculture (TDA) as follows: A. Implement WIC Summer Food Service Pilot Program according to System Agency -approved plan. B. Submit meals served data to Contracting Entity (CE), a designated TDA contractor, in a frequency and format designated by the CE. C. Submit requested updates and/or reports to System Agency in a frequency and format designated by System Agency. 1.23 Implement lactation services for WIC program participants who have breastfeeding problems that are beyond the scope of practice of Grantee's WIC staff and/or peer counselors using International Board -Certified Lactation Consultants (IBCLC) or System Agency Contract #HHS000802100001 Page 3 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK the most qualified equivalent. Lactation services may also include Local Agency staff training and the provision of lactation equipment. System Agency will provide written approval of Grantee's plan to use lactation funding. 1.24 If selected by System Agency, serve as: A. A lactation center for WIC program mothers with breastfeeding problems as outlined by System Agency; B. A training center for WIC local agency staff and other health providers to receive clinical experience working with breastfeeding mothers; and C. A statewide Lactation Resource Center for health providers to utilize for information and assistance when working with pregnant and breastfeeding women. To serve as the Lactation Resource Center Grantee must: 1. Provide counseling services (to include in-person, phone, web -cam, and email consults) to at least 1000 breastfeeding mothers at Grantee's location every fiscal year. 2. Ensure at least 40 students (i.e. WIC staff, dietetic interns, residents, nurses) complete the Clinical Lactation Practicum or other breastfeeding training at Grantee's location. 3. Provide community education and track outreach activities to promote and support breastfeeding and the use of the lactation center in the community. 4. Submit quarterly activity reports within thirty (30) calendar days after the end of each quarter of this Contract, in a format designated by System Agency. Activity reports will include, Grantee's activities to meet requirements stated within this section. 1.25 Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of Grantee's staff is approved in writing by System Agency to participate in the System Agency's dietetic Internship program. This internship will consist of no less than 1,200 hours of supervised learning experiences in a variety of nutrition - related facilities. Grantee is responsible for: A. Designating a WIC Nutritionist, preferably a registered dietitian, to be the Community Nutrition WIC Preceptor and oversee and evaluate intern's performance for the Community Nutrition (CN)/WIC portion of the System Agency dietetic internship. B. The Community Nutrition Preceptor to ensure that the dietetic interns meet all requirements, standards and required supervised practice hours for the CN Supervised Practice as outlined by the System Agency's WIC Program. C. Ensuring that the intern is not used for regular WIC duties during the internship period. System Agency Contract #HHS000802100001 Page 4 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK D. Collecting pay -back monies from intern in the event that the intern does not fulfill dietetic internship local agency contract requirements. Monies must be returned to System Agency. 1.26 If selected by System Agency, implement or expand SNAP -Education (SNAP -Ed) projects. Snap -Ed projects will focus on obesity prevention, nutrition education or breastfeeding friendly community initiatives, or peer counselor services for Supplemental Nutrition Assistance Program (SNAP) and WIC eligible populations within the community. If selected, grantee shall appoint a project coordinator to oversee the implementation and evaluation of each initiative; participate in activities as requested by System Agency, including but not limited to, reports including budget status and evaluation results, collaboration on articles, participation in sharing sessions; follow the Snap -Ed guidance related to allowable costs for approved Snap -Ed projects; collect data and submit all requested reports in a frequency and format designated by Snap -Ed and System Agency for review and approval. 1.27 If selected by System Agency, implement or expand the Improving Participant Experience (IPE) initiative and strategies to improve the client experience and alleviate client "pain points," thus improving the quality of services and client satisfaction. This may include clinic improvements or other improvements. A. Grantee shall submit proposed initiatives and required reports in a frequency and format designated by System Agency for review and approval. B. Grantee shall appoint a project coordinator to oversee the implementation and evaluation of each initiative. C. Grantee shall participate in activities as requested by System Agency, including but not limited to, writing news articles, submitting mid -year and end of year reports and participating in sharing sessions. D. Grantee shall spend funds related to clinic improvements on items that meet the Texas WIC Design Guidelines and Catalog or have received approval from the System Agency. 1.28 If selected by System Agency, serve as an Innovation Center to implement innovative approaches in nutrition education, with a focus on behavior change and retention projects as proposed to System Agency. Grantee shall designate an Innovation Lead based on requirements from System Agency who is responsible for overseeing local agency training, support, and evaluation on innovative concepts for clinic staff in addition to the implementation and evaluation of Innovation Center projects. System Agency Contract #HHS000802100001 Page 5 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK Grantee shall participate in additional activities as requested by System Agency, including but not limited to, observation and training on innovative techniques to staff from other WIC local agencies, collaboration on articles, reports including budget status and results, evaluation of innovative techniques, workgroup meetings at System Agency, and presentations at the Texas WIC Nutrition and Breastfeeding Conference. Grantee projects will comply with written Innovation Center plan submitted and approved by System Agency which is incorporated by reference. Grantee will submit reports in a frequency and in a format designated by System Agency. 1.29 If selected by System Agency, provide services to assist other WIC local agencies with management of participation growth, including, but not limited to, scheduling participants, clinic flow, and utilization of clinic space. Services are to include the following: A. Consultation with local agency staff regarding placement of equipment, clinic scheduling, clinic reconfiguration, changes in patient flow, and revision of staff duties; B. Visits to local agency sites to ensure that changes are successfully implemented and to advise and make recommendations as needed; C. Evaluation and assistance to WIC local agencies with processing applicants within federal timeframes; D. Additional duties not listed but deemed necessary by either the local agency or System Agency; E. Submit reports to System Agency in a format and frequency designated by System Agency documenting services provided to local agencies and local agency clinic efficiency; and F. Consult with System Agency concerning design and implementation of a new computerized system for administering and tracking WIC program activity. 1.30 If selected by System Agency, Grantee will provide women's health, infant mortality, and WIC education and outreach in designated regions. These services to include the following: A. Schedule WIC training for all Community Health Workers who shall attend at least one (1) training session per fiscal year; and B. Oversee Community Health Workers in conducting education and outreach at, but not limited to, libraries, parent groups, schools, churches, businesses, health fairs, WIC clinics, etc., to educate potentially eligible persons about the benefits of the WIC Program including nutrition education, breastfeeding support, and supplemental foods, and the location of WIC clinics. C. Submit requested updates and/or reports to System Agency in a frequency and format designated by System Agency for review and approval. System Agency Contract #HHS000802100001 Page 6 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK 1.31 If selected by System Agency, provide WIC outreach utilizing a subcontracted entity for a designated area of the state. Subcontracted WIC program outreach services to include: A. Educate potentially eligible persons about the benefits of the WIC Program, including nutrition education, breastfeeding support and supplemental foods; B. Provide WIC application and appointment assistance; C. Promote WIC services at community events and through local media; D. Provide Medicaid, Food Stamps and Texas Temporary Assistance for Needy Families (TANF) application assistance to WIC participants; E. Track and reporting case outcome determination; including persons referred to WIC who subsequently participate in the WIC program; and F. Provide WIC clients and applicants with appointment reminders. G. Require at a minimum, one (1) in-person training per federal fiscal year (FFY) for all subrecipient subcontractor staff providing WIC program services outreach. Grantee will submit to System Agency training content for review and approval upon request. H. Provide System Agency with Grantee and Grantee subcontractor activity reports in the frequency and format designated by System Agency. I. Grantee shall maintain and provide to System Agency upon request, written policies and procedures for monitoring subrecipient subcontractors for both financial and programmatic performance. J. Grantee shall submit to System Agency upon request, results of ongoing monitoring and corrective actions in a format and frequency designated by System Agency. K. Grantee shall ensure a signed Data Use form is signed for every contract term and that all client and potential client identifying information forwarded to the subrecipient subcontractor is used only for the purposes stated in this section. 1.32 If selected by System Agency, serve as a Regional Training and Conference center for the Texas WIC program and the United States Department of Agriculture (USDA) staff. A. In addition to training implemented by Grantee, the Regional Training and Conference Center shall be used as a central site for conducting routine System Agency. B. Training center staff may be requested to develop specific courses as designated by the System Agency. System Agency Contract #HHS000802100001 Page 7 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK C. Training center staff may be required to travel to other agencies/sites to conduct trainings at the System Agency's request. D. Grantee shall submit proposed courses, initiatives and required reports in a frequency and format designated by System Agency for review and approval. E. The Regional Training and Conference Center will also be available for satellite video conferencing as needed by System Agency, USDA, and WIC local agencies. II. PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in this Attachment A and compliance with the Contract's terms and conditions. The following performance measures will be used to assess, in part, Grantee's effectiveness in providing the services described in the Contract, without waiving the enforceability of any of the other terms of the contract. 2.1 Grantee shall ensure: A. Each quarter, an average of less than 5% of families who participate in the WIC Program by receiving food benefits will refuse nutrition education classes at the time of food instrument issuance. B. An average of 20% of all pregnant women who enter the WIC Program each quarter shall be certified as eligible during the period of the first trimester of their pregnancy; C. An average of 80% of clients a quarter who are enrolled in the WIC Program, excluding dual participants, transfer locked and/or migrant clients, shall participate as food benefit recipients each month (breast-feeding infants are also included in the client count); and D. 100% of participants who indicate during the enrollment process for the WIC Program that they have no source of health care shall be referred to an appropriate service. E. An average customer satisfaction percentage of no more than 10% below the statewide average. III. INVOICE AND PAYMENT 3.1 HHSC will send Grantee an annual funding letter ("Notice of Award") setting the award amount for the corresponding fiscal year. Annual and funding adjustment Notices of Award will be incorporated into this Contract by reference. System Agency Contract #HHS000802100001 Page 8 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK 3.2 Grantee will request monthly payments using the State of Texas Purchase Voucher (invoice) and submit with any supporting documentation by electronic mail to HHSC WIC Program Services Branch at WicVouchers@hhsc.state.tx.us. A. Grantee shall indicate separately on the face of the State of Texas Purchase Voucher (invoice), the costs associated with nutrition education, breast-feeding, and other administrative costs. 3.3 Grantee shall submit a separate State of Texas Purchase Voucher (Invoice) for reimbursement of actual allowable costs associated with each special project. 3.4 Grantee will submit Financial Status Reports (FSR) by electronic mail to HHSC WIC Program Services Branch at WicVouchers@hhsc.state.tx.us by the last business day of the month following the end of each quarter of the Contract term for review and financial assessment. 3.5. Grantee will be paid on a cost categorical basis and in accordance with the terms of this Contract. 3.6 In order to claim indirect costs, Grantee must have an approved indirect cost rate or elect to use the de Minimis rate by December 31, 2020. The options for indirect cost recovery are as follows: A. Elect to use the de minimis; B. Grantee provides System Agency with an approved negotiated indirect cost rate agreement from a federal or state agency; C. Grantee requests a negotiated rate from a cognizant agency; D. Grantee requests a negotiated rate from System Agency directly; or E. Grantee waives indirect cost recovery. Indirect costs may be restricted or prohibited by legal statute or the grant terms and conditions. Any restrictions that are identified by legal, statute, or grant terms will limit the maximum amount of grant dollars available to recover indirect costs. 3.7 All payments made by System Agency to Grantee under this Contract will be reimbursements subject to the following requirements, conditions and stipulations: A. All categories of costs billed to System Agency and allocation of such costs, shall be in accordance with the Plan to Allocate Direct Costs (PADC) submitted by Grantee and accepted by the System Agency. This document is incorporated in the Contract by reference. B. System Agency will reimburse Grantee for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing WIC Electronic Benefit Transfer (EBT) cards, making System Agency Contract #HHS000802100001 Page 9 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK participant referrals, vendor evaluation, outreach, start-up costs and general administrative support. C. Administrative costs will be reimbursed based on actual costs, but not to exceed the "maximum reimbursement" based upon the sum of the participants who were issued WIC benefits each month plus infants who do not receive any WIC benefits whose breastfeeding mothers were participants to the extent that the total so derived does not exceed Grantee's total assigned caseload within any given month. Surplus funds (the amount by which maximum reimbursements exceed actual costs) can be accumulated and carried forward within the Contract term. D. The participant caseload will be assigned by System Agency by giving written notice to Grantee. The participant caseload is subject to change upon written notice to Grantee from System Agency with Grantee's concurrence. Grantee assumes liability for all food costs resulting from Grantee exceeding its assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. E. Grantee will be allowed the option of receiving a two (2) month cash advance in accordance with current System Agency's WIC program policy and procedures. F. Grantee surplus encumbered by September 30 shall be billed and vouchers received by System Agency no later than sixty (60) calendar days following the fiscal year. G. Grantee shall identify and document separately not less than 19% of total administrative costs as expenditures directly related to nutrition education and counseling. Nutrition education and counseling expenditures shall be supported by documentation of participant attendance or non-attendance within the WIC Program. H. System Agency will reimburse Grantee for administrative expenses at a rate not greater than 5.26 times the amount of properly documented expenditures for nutrition education and counseling, but not more than is earned based on actual participation not to exceed Grantee's assigned participant caseload, plus any incentive funds allocated to Grantee by System Agency. I. System Agency will identify annually to Grantee an amount of funds that shall be spent for breastfeeding promotion. The allocation of breast feeding funds to Grantee will be based on Grantee's proportional share of the statewide combined total of pregnant and breastfeeding participants as reported to System Agency. System Agency Contract #HHS000802100001 Page l0 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK J. System Agency reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or breastfeeding promotion is not being provided by Grantee, or Grantee is not complying with the provisions of USDA and/or System Agency directives. K. System Agency may provide extended hours funding to Grantee for participants who are provided WIC services outside the normal traditional hours to the extent that federal funding is available. L. System Agency may amend or terminate the Contract if available funds become reduced, depleted, or unavailable during the term of the Contract to the extent that the WIC Program is unable to provide administrative funding at the rate(s) stated in the Notice of Award. System Agency will notify Grantee if a change in funding occurs and Grantee will have sixty (60) days to provide written notice to System Agency with intention to terminate this contract. M. System Agency may, at its sole discretion, pay for additional goods or services, as specified in this attachment, if provided by Grantee during the term of the Contract and not otherwise paid during the Contract term if it is in the best interest of System Agency. If Grantee exceeds the amount of earned administrative funds as stated above, Grantee shall continue to bill System Agency for the services provided. If additional funds become available at a later date for the provision of these services, System Agency may elect to pay Grantee a share of these funds. System Agency Contract #HHS000802100001 Page 11 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Uniform Terms and Conditions Version 2.16 Published and Effective: March 26, 2019 Responsible Office: Chief Counsel TEXAS Health and Human Services Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.16.1 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B TABLE OF CONTENTS ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 4 1.1 Definitions 4 1.2 Interpretive Provisions 6 ARTICLE II. PAYMENT METHODS AND RESTRICTIONS 6 2.1 Payment Methods 6 2.2 Final Billing Submission 7 2.3 Financial Status Reports (FSRs) 7 2.4 Use of Funds 7 2.5 Use for Match Prohibited 7 2.6 Program Income 7 2.7 Nonsupplanting 8 2.8 Allowable Costs 8 2.9 Indirect Cost Rates 8 ARTICLE III. STATE AND FEDERAL FUNDING 8 3.1 Funding 8 3.2 No Debt Against the State 8 3.3 Debt and Delinquencies 8 3.4 Recapture of Funds 8 ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 9 4.1 Allowable Costs. 9 4.2 Audits and Financial Statements 10 4.3 Submission of Audits and Financial Statements 11 ARTICLE V. AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 11 5.1 General Affirmations 11 5.2 Federal Assurances 11 5.3 Federal Certifications 11 ARTICLE VI. INTELLECTUAL PROPERTY 11 6.1 Ownership of Work Product 11 6.2 Grantees Pre-existing Works 12 6.3 Agreements with Employees and Subcontractors 12 6.4 Delivery Upon Termination or Expiration 12 6.5 Survival 12 HHSC Grantee Uniform Terms and Conditions Page 2 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ARTICLE VII. RECORDS, AUDIT, AND DISCLOSURE 13 7.1 Books and Records 13 7.2 Access to Records, Books, and Documents 13 7.3 Response/Compliance with Audit or Inspection Findings 13 7.4 SAO Audit 14 7.5 Confidentiality 14 ARTICLE VIII. CONTRACT MANAGEMENT AND EARLY TERMINATION 14 8.1 Contract Remedies 14 8.2 Termination for Convenience 14 8.3 Termination for Cause 14 ARTICLE IX. MISCELLANEOUS PROVISIONS 15 9.1 Amendment 15 9.2 Insurance 15 9.3 Legal Obligations 15 9.4 Permitting and Licensure 16 9.5 Indemnity 16 9.6 Assignments 16 9.7 Independent Contractor 17 9.8 Technical Guidance Letters 17 9.9 Dispute Resolution 17 9.10 Governing Law and Venue 17 9.11 Severability 17 9.12 Survivability 18 9.13 Force Majeure 18 9.14 No Waiver of Provisions 18 9.15 Publicity 18 9.16 Prohibition on Non -compete Restrictions 19 9.17 No Waiver of Sovereign Immunity 19 9.18 Entire Contract and Modification 19 9.19 Counterparts 19 9.20 Proper Authority 19 9.21 E -Verify Program 19 9.22 Civil Rights 19 9.23 System Agency Data 21 HHSC Grantee Uniform Terms and Conditions Page 3 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the Parties, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters. "Attachment" means documents, terms, conditions, or information added to this Contract following the Signature Document or included by reference, and made a part of this Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency, to be incorporated by reference for all purposes. "Deliverable" means the work product(s), including all reports and project documentation, required to be submitted by Grantee to the System Agency. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Contract. May also be referred to as "Contractor" in certain attachments. "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531, Texas Government Code, or its designee. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property Rights" means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such right may be evidenced by or embodied in: i. any idea, design, concept, personality right, method, process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work, pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. HHSC Grantee Uniform Terms and Conditions Page 4 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/. "Parties" means the System Agency and Grantee, collectively. "Party" means either the System Agency or Grantee, individually. "Program" means the statutorily authorized activities of the System Agency under which this Contract has been awarded. "Project" means specific activities of the Grantee that are supported by funds provided under this Contract. "Public Information Act" or "PIA" means Chapter 552 of the Texas Government Code. "Signature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation" or "Request for Applications (RFA)" means the document (including all amendments and attachments) issued by the System Agency under which applications for Program funds were requested, which is incorporated by reference for all purposes in its entirety. "Solicitation Response" or "Application" means Grantee's full and complete response (including any attachments and addenda) to the Solicitation, which is incorporated by reference for all purposes in its entirety. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas Textravel" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Statement of Work" means the description of activities performed in completing the Project, as specified in the Contract and as may be amended. "System Agency" means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, authorized representatives and designees of those agencies. These agencies include: HHSC and the Department of State Health Services. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of the Contract, issued by the System Agency to the Grantee. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed, produced, generated or provided by Grantee in connection with Grantee's performance of its duties under the Contract or through use of any funding provided under this Contract. "Uniform Grant Management Standards" or "UGMS" means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas HHSC Grantee Uniform Terms and Conditions Page 5 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to "sections," "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." J. Time is of the essence in this Contract. ARTICLE II. PAYMENT METHODS AND RESTRICTIONS 2.1 PAYMENT METHODS A. Except as otherwise provided by this Contract, the payment method will be one or more of the following: i. Cost Reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; ii. Unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation, forms and/or reports; or iii. Advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has HHSC Grantee Uniform Terms and Conditions Page 6 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law, state and federal regulations, and at the sole discretion of the System Agency. B. Grantee shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.2 FINAL BILLING SUBMISSION Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five (45) calendar days following the end of the term of the Contract. Reimbursement or payment requests received after the deadline may not be paid. 2.3 FINANCIAL STATUS REPORTS (FSRs) Except as otherwise provided, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to System Agency by the last business day of the month following the end of each quarter for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. 2.4 USE OF FUNDS Grantee shall expend funds under this Contract only for approved services and for reasonable and allowable expenses directly related to those services. 2.5 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.6 PROGRAM INCOME Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use Program Income, as provided in UGMS Section III, Subpart C, .25(g)(2), to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report Program Income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term, when earned, and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using Program Income for the purposes and under the conditions specified in this Contract. HHSC Grantee Uniform Terms and Conditions Page 7 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 2.7 NONSUPPLANTING Grant funds may be used to supplement existing, new or corresponding programming and related activities. Grant funds may not be used to supplant (replace) existing funds in place to support current programs and related activities. 2.8 ALLOWABLE COSTS Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The Parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable contracts. Grantee will provide the necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and Uniform Grant Management Standards (UGMS). ARTICLE III. STATE AND FEDERAL FUNDING 3.1 FUNDING This Contract is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability of state funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Contract impossible or unnecessary, the Contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages, that are caused or associated with such termination, or cancellation, and System Agency will not be required to give prior notice. 3.2 No DEBT AGAINST THE STATE This Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBT AND DELINQUENCIES Grantee agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support. 3.4 RECAPTURE OF FUNDS A . At its sole discretion, the System Agency may i) withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s) is not submitted by the due date(s), or ii) require Grantee to promptly refund or credit - within thirty (30) calendar days of written notice - HHSC Grantee Uniform Terms and Conditions Page 8 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B any funds erroneously paid by System Agency which are not expressly authorized under the Contract. B. "Overpayments" as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.1 ALLOWABLE COSTS A. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include, but are not limited to: Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local, and Tribal Governments 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Educational Institutions 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Non -Profit Organizations 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS HHSC Grantee Uniform Terms and Conditions Page 9 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B For-profit 48 CFR Part 31, 2 CFR Part 200, 2 CFR Part 200 and Organization Contract Cost Subpart F and UGMS other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. Principles and Procedures, or Uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency UGMS B. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee will be subject to the sanctions and remedies for non-compliance with this Contract. ii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program -specific audit in accordance with 2 CFR 200. The federal threshold amount includes federal funds passed through by way of state agency awards. iii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and UGMS. iv. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable, for their program -specific audits. v. Each Grantee that is required to obtain a single audit must competitively re -procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. B. Financial Statements Each Grantee that does not meet the expenditure threshold for a single audit or program - specific audit, must provide financial statements. HHSC Grantee Uniform Terms and Conditions Page 10 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically one copy of the single audit or program -specific audit to the System Agency via: i. HHS portal at: or, https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau ii. Email to: single_audit_report@hhsc.state.tx.us. B. Financial Statements Due no later than nine months after the Grantee's fiscal year end, Grantees which are not required to submit an audit, shall submit electronically financial statements via: i. HHS portal at: https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single_audit_report@hhsc.state.tx.us. ARTICLE V. AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.1 GENERAL AFFIRMATIONS Grantee certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the Grantee has reviewed the General Affirmations and that Grantee is in compliance with all requirements. 5.2 FEDERAL ASSURANCES Grantee further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Grantee has reviewed the Federal Assurances and that Grantee is in compliance with all requirements. 5.3 FEDERAL CERTIFICATIONS Grantee further certifies that, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, the Grantee has reviewed the Federal Certifications and that Grantee is in compliance with all requirements. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, and regulations, as they may pertain to this Contract. ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT All right, title, and interest in the Work Product, including all Intellectual Property Rights therein, is exclusively owned by System Agency. Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a "work made for hire" under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated HHSC Grantee Uniform Terms and Conditions Page 11 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. Grantee agrees to execute all papers and to perform such other property rights as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty -free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of, publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. 6.2 GRANTEE'S PRE-EXISTING WORKS To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Contract ("Incorporated Pre-existing Works"), Grantee retains ownership of such Incorporated Pre-existing Works, and Grantee hereby grants to System Agency an irrevocable, perpetual, non-exclusive, royalty -free, transferable, worldwide right and license, with the right to sublicense, to use, modify, copy, create derivative works of, publish, publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre- existing Works, in any medium, with or without the associated Work Product. Grantee represents, warrants, and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre-existing Works to System Agency. 6.3 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI. 6.4 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Contract or upon System Agency's request, Grantee shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Grantee's failure to timely deliver such Work Product is a material breach of the Contract. Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee's activities under the Contract without the prior written consent of System Agency. 6.5 SURVIVAL The provisions and obligations of this Article VI survive any termination or expiration of the Contract. HHSC Grantee Uniform Terms and Conditions Page 12 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ARTICLE VII. RECORDS, AUDIT, AND DISCLOSURE 7.1 BOOKS AND RECORDS Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee shall maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the Contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. 7.2 ACCESS TO RECORDS, BOOKS, AND DOCUMENTS In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee shall produce original documents related to this Contract. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Grantee shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the services and Deliverables provided. Any such correction will be at Grantee's or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the services and Deliverables provided to the State under the Contract. HHSC Grantee Uniform Terms and Conditions Page 13 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 7.4 SAO AUDIT A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. B. Grantee shall comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 7.5 CONFIDENTIALITY Grantee shall maintain as confidential, and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency's business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Contract. ARTICLE VIII. CONTRACT REMEDIES AND EARLY TERMINATION 8.1 CONTRACT REMEDIES To ensure Grantee's full performance of the Contract and compliance with applicable law, the System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to: i. suspending all or part of the Contract; ii. requiring the Grantee to take specific actions in order to remain in compliance with the Contract; iii. recouping payments made by the System Agency to the Grantee found to be in error; iv. suspending, limiting, or placing conditions on the Grantee's continued performance of the Project; v. imposing any other remedies, sanctions or penalties authorized under this Contract or permitted by federal or state statute, law, regulation or rule. 8.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. The System Agency's right to terminate the Contract for convenience is cumulative of all rights and remedies which exist now or in the future. 8.3 TERMINATION FOR CAUSE Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: HHSC Grantee Uniform Terms and Conditions Page 14 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B i. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, in its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any, or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. ii. Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the services and Deliverables, or otherwise fully perform its responsibilities under the Contract. ARTICLE IX. MISCELLANEOUS PROVISIONS 9.1 AMENDMENT The Contract may only be amended by an Amendment executed by both Parties. 9.2 INSURANCE A. Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. B. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.3 LEGAL OBLIGATIONS Grantee shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee shall be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. HHSC Grantee Uniform Terms and Conditions Page 15 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 9.4 PERMITTING AND LICENSURE At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Contract. Grantee shall be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. 9.5 INDEMNITY A. GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. B. THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLEGENT ACTS OR OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt, System Agency shall not indemnify Grantee or any other entity under the Contract. 9.6 ASSIGNMENTS A. Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. B. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non -state agency that is contracted to perform agency support. HHSC Grantee Uniform Terms and Conditions Page 16 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 9.7 INDEPENDENT CONTRACTOR Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and third -party service providers shall serve as independent contractors in providing the services under the Contract. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. Should Grantee subcontract any of the services required in the Contract, Grantee expressly understands and acknowledges that in entering such subcontract(s), System Agency is in no manner liable to any Subcontractor(s) of Grantee. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Contract. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Contract shall not create any joint venture, partnership, agency, or employment relationship between Grantee and System Agency. 9.8 TECHNICAL GUIDANCE LETTERS In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during work performance in the form of a Technical Guidance Letter (TGL). A TGL must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference for all purposes when it is issued. 9.9 DISPUTE RESOLUTION A. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute arising under the Contract. B. If a contract dispute arises that cannot be resolved to the satisfaction of the Parties, either Party may notify the other Party in writing of the dispute. If the Parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the Parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision will not apply to any matter with respect to which either Party may make a decision within its respective sole discretion. 9.10 GOVERNING LAW AND VENUE The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 9.11 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non- HHSC Grantee Uniform Terms and Conditions Page 17 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 9.12 SURVIVABILITY Expiration or termination of the Contract for any reason does not release Grantee from any liability or obligation set forth in the Contract that is expressly stated to survive any such expiration or termination, that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination. 9.13 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. 9.14 No WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 9.15 PUBLICITY A. Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject matter, including in any promotional or marketing materials, customer lists, or business presentations. B. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. C. Contractor is prohibited from using the Work for any Contractor or third party marketing, advertising, or promotional activities, without the prior written consent of System Agency. The foregoing prohibition includes, without limitation, the placement of banners, pop-up ads, or other advertisements promoting Contractor's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Contractor as part of the Work. HHSC Grantee Uniform Terms and Conditions Page 18 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 9.16 PROHIBITION ON NON -COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.17 No WAIVER OF SOVEREIGN IMMUNITY Nothing in the Contract will be construed as a waiver of the System Agency's or the State's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract. 9.18 ENTIRE CONTRACT AND MODIFICATION The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible. 9.19 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.20 PROPER AUTHORITY Each Party represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. 9.21 E -VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E -Verify system to determine the eligibility of: i. all persons employed to perform duties within Texas during the term of the Contract; and ii. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Contract within the United States of America. 9.22 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti -discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d etseq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); HHSC Grantee Uniform Terms and Conditions Page 19 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Contract. B. Grantee agrees to comply with all amendments to the above -referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: http://hhscx.hhsc.texas.gov/system-support- services/civil-rights/publications E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Contract. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. HHSC Grantee Uniform Terms and Conditions Page 20 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 9.23 SYSTEM AGENCY DATA As between the Parties, all data and information acquired, accessed, or made available to Contractor by or through System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Contractor in the course of providing data processing services in connection with Contractor's performance hereunder, (the "System Agency Data"), is owned solely by System Agency. Contractor has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Contractor to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. For the avoidance of doubt, Contractor is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. HHSC Grantee Uniform Terms and Conditions Page 21 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Attachment C HEALTH AND HUMAN SERVICES CONTRACT AFFIRMATIONS The term "System Agency" used in these affirmations means HHS or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under Texas law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services. By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to System Agency are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that System Agency will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 1 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 5. Assignment A. Contractor shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from HHSC. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non -state agency that is contracted to perform agency support. Upon receipt of System Agency's notice of assignment, pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment, pledge, or transfer, at no cost to System Agency or to the recipient entity 6. Terms and Conditions Attached to Response Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from System Agency's terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7. System Agency Right to Use Contractor agrees that System Agency has the right to use, produce, and distribute copies of and to disclose to System Agency employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as System Agency deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 2of11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism," published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorists Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not (1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or (3) a person who employs a current or former executive head of an HHS agency. Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 3 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Technology Access A. Contractor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Contractor represents and warrants to System Agency that the technology provided to System Agency for purchase (if applicable under this Contract or any related Solicitation) is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: i. providing equivalent access for effective use by both visual and non -visual means; ii. presenting information, including prompts used for interactive communications, in formats intended for non -visual use; and iii. being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. B. For purposes of this Section, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 4of11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. C. In accordance with Section 2157.005 of the Texas Government Code, the Technology Access Clause contract provision remains in effect for any contract entered into before September 1, 2006. 24. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 25. Television Equipment Recycling If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 26. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. 27. Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 28. Disclosure of Prior State Employment If this Contract is for consulting services under Chapter 2254 of the Texas Government Code, in accordance with Section 2254.033 of the Texas Government Code, Contractor certifies that it does not employ an individual who was employed by System Agency or another agency at any time during the two years preceding the submission of any related Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 5 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Solicitation Response related to this Contract or, in the alternative, Contractor has disclosed in any related Solicitation Response the following: i. the nature of the previous employment with System Agency or the other agency; ii. the date the employment was terminated; and iii. the annual rate of compensation at the time of the employment was terminated. 29. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to HHSC. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by HHSC as a potential conflict. HHSC reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by HHSC's decision. 30. Fraud, Waste, and Abuse Contractor understands that System Agency does not tolerate any type of fraud. The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contractors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the Health and Human Services Commission's Office of the Inspector General at 1-800-436-6184 and the State Auditor's Office. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud including, but not limited to, HHS Circular C-027. 31. Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 6 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 32. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. 33. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 34. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 35. Entities that Boycott Israel Pursuant to Section 2271.002 of the Texas Government Code, Contractor certifies that either: i. it meets an exemption criteria under Section 2271.002; or ii. it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this Solicitation. If Contractor refuses to make that certification, Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 7 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Contractor shall state here any facts that make it exempt from the boycott certification: 36. E -Verify Program Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system during the term of this Contract to determine the eligibility of: i. all persons employed by Contractor to perform duties within Texas; and ii. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 37. Professional or Consulting Contract If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including, but not limited to, those authorized to provide services under the contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the contract. 38. Former Agency Employees Contractor represents and warrants, during the twelve (12) month period immediately prior to the date of the execution of this Contract, none of its employees including, but not limited to those who will provide services under the Contract, was an employee of an HHS Agency. Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Contractor will not allow any former employee of the System Agency to perform services under this Contract during the twelve (12) month period immediately following the employee's last date of employment at the System Agency. 39. Disclosure of Prior State Employment If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, HHSC or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: i. Name of individual(s) (Respondent or employee(s)); ii. Status; iii. The nature of the previous employment with HHSC or the other State of Texas agency; Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 8 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B iv. The date the employment was terminated and the reason for the termination; and v. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by HHSC or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 40. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that, pursuant to Article IX, Section 6.25 of the General Appropriations Act (the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: i. performs an abortion procedure that is not reimbursable under the state's Medicaid program; ii. is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program; or iii. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX, Section 6.25. 41. Funding Eligibility Contractor understands, acknowledges, and agrees that, pursuant to Chapter 2272 of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 of the Texas Government Code. If Contractor refuses to make that certification, Contractor shall state here any facts that make it exempt from the certification: 42. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 43. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 9 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 44. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 45. Drug -Free Workplace Contractor represents and warrants that it shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (41 U.S.C. §701 et seq.) and maintain a drug-free work environment. 46. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. 47. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15). 48. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 10 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Assumed Business Name of Contractor, if applicable (D.B.A. or `doing business as') Texas County(s) for Assumed Business Name (D.B.A. or `doing business as') Attach Assumed Name Certificate(s) for each County Signature of Authorized Representative Date Signed Printed Name of Authorized Representative Title of Authorized Representative First, Middle Name or Initial, and Last Name Physical Street Address City, State, Zip Code Mailing Address, if different City, State, Zip Code Phone Number Fax Number annetter@cctexas.com Email Address DUNS Number Federal Employer Identification Number Texas Payee ID No. —11 digits Texas Franchise Tax Number Texas Secretary of State Filing Number Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 11 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B TEXAS Health and Human Services Health and Human Services Commission WIC Local Agency Special Conditions Version 1.1 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B TABLE OF CONTENTS SUPPLEMENTAL CONDITIONS 2 SPECIAL CONDITIONS Article I. Special Definitions 4 Article II. Grantee Personnel 5 Section 2.01 Qualifications 5 Section 2.02 Conduct and Removal 5 Article III. Confidentiality 5 Section 3.01 Confidential System Information 5 Article IV. Miscellaneous Provisions 6 Section 4.01 Minor Administrative Changes 6 Section 4.02 Conflicts of Interest 6 Section 4.03 Flow Down Provisions 7 Section 4.06 Incorporation of Terms in Subcontracts. 8 "Capital Assets" are tangible or intangible assets used in operations having a useful life of more than one year. Capital assets include (1) Land, buildings (facilities), equipment, and intellectual property (including software) whether acquired by purchase, construction, manufacture, lease -purchase, exchange; and (2) Additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations or alterations to capital assets that materially increase their value or useful life (not ordinary repairs and maintenance). 10 "Equipment" is tangible and intangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds $5,000. 10 • "Intangible Property" is considered equipment but has no physical existence, such as trademarks, copyrights, patents and patent applications and property, such as loans, notes and other debt instruments, lease agreements, stock and other instruments of property ownership (whether the property is tangible or intangible). 10 "Supplies" is defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, and any items of tangible personal property other than those defined as Capital assets, Designated Reportable Assets, and equipment above. 10 Article V. DSHS Legacy Provisions 13 Section 5.01 Notice of Criminal Activity and Disciplinary Actions 13 Section 5.02 Notice of IRS or TWC Insolvency 14 Section 5.03 Disaster Services 14 Section 5.04 Consent by Non -Parent or Other State Law to Medical Care of a Minor 14 Section 5.05 Telemedicine /Telepsychiatry Medical Services 14 Section 5.06 Services and Information for Persons with Limited English Proficiency 15 Section 5.07 HIV/AIDS Model Workplace Guidelines 15 Section 5.08 Medical Records Retention 16 Page 1 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Section 5.09 Notice of a License Action 16 Section 5.10 Interim Extension Amendment 16 Section 5.11 Child Abuse Reporting Requirement 17 Page 2of17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC SUPPLEMENTAL CONDITIONS THE FOLLOWING SUPPLEMENTAL CONDITIONS APPLY TO THIS CONTRACT AND MODIFY THE HHS UNIFORM TERMS AND CONDITIONS Section 2.2 Final Billing Submission, of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.16.1, is revised to read as follows: Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than sixty (60) calendar days following the end of the term of the Contract. Reimbursement or payment requests received after the deadline may not be paid. Section 2.3 Financial Status Reports (FSRs), of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.16.1, is revised to read as follows: Except as otherwise provided, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to System Agency by the last business day of the month following the end of each quarter for System Agency review and financial assessment. Grantee shall submit the final FSR no later than sixty (60) calendar days following the end of the applicable term. Section 9.2 Insurance, of the Health and Human Services Commission Uniform Terms and Conditions - Grant, Version 2.16.1, is revised to add the following passage: C. Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self -Insurance by Governmental Units," Grantee is not required to purchase insurance if self-insured. Section 9.22 Civil Rights, of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.16.1, is modified to add the following: Grantee shall comply with all provisions required by implementing the regulations of the Department of Agriculture, 7 CFR Part 246, 248; Department of Justice Guidelines for Enforcement of Title VI; 28 CFR § 50.3 and 28 CFR Part 42; and Food & Nutrition Service (FNS) directives and guidelines, to the effect that no person will, on the grounds of race, color, national origin, sex, age, or disability be excluded from participation under any program or activity for which Grantee receives federal financial assistance from FNS; and hereby gives assurance that it shall immediately take measures necessary to implement this Contract. Grantee shall compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws and permit authorized USDA and System Agency personnel, during normal working hours, to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. The Department of Agriculture, Food and Nutrition Service (USDA), has the right to seek judicial enforcement if Grantee violates any nondiscrimination laws. This Assurance is binding on Grantee, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the Department of Agriculture. The person or persons whose signatures appear on the Contract are authorized to sign this Assurance on behalf of Grantee. Page 3 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Article VIII Contract Management and Early Termination Provision of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.16.1, is modified by adding the following: 8.05 Termination by Grantee If Grantee seeks to terminate this Contract, Grantee shall give System Agency no less than sixty (60) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. Article IX, Miscellaneous Provisions, of the HHSC Uniform Terms and Conditions — Grant version 2.16.1, is amended to add a new Subsection 9.24 as follows: 9.24 Identity The Grantee must notify System Agency in writing at least sixty (60) calendar days before the intended effective date of any change in legal entity status, such as ownership or control, name change, legal status with the Texas Secretary of State, or State Comptroller's Texas Identification Number. Grantee will notify System Agency in writing within ten (10) calendar days any change in administrator or director; and within seven (7) working days of any change in the contact telephone number designated in the contract. HHSC SPECIAL CONDITIONS The terms and conditions of these Special Conditions are incorporated into and made a part of the Contract. Capitalized items used in these Special Conditions and not otherwise defined have the meanings assigned to them in HHSC Grantee Uniform Terms and Conditions — Version. 2.14. Article I. SPECIAL DEFINITIONS "Conflict of Interest" means a set of facts or circumstances, a relationship, or other situation under which Grantee, a Subcontractor, or individual has past, present, or currently planned personal or financial activities or interests that either directly or indirectly: (1) impairs or diminishes the Grantee's, or Subcontractor's ability to render impartial or objective assistance or advice to the HHSC; or (2) provides the Grantee or Subcontractor an unfair competitive advantage in future HHSC procurements. "Grantee Agents" means Grantee's representatives, employees, officers, as well as any contractor or subgrantee's employees, contractors, officers, principals and agents. "Data Use Agreement" means the agreement incorporated into the Contract to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information. "Item of Noncompliance" means Grantee's acts or omissions that: (1) violate a provision of the Contract; (2) fail to ensure adequate performance of the Project; (3) represent a failure of Grantee to be responsive to a request of HHSC relating to the Project under the Contract. Page 4 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B "Minor Administrative Change" refers to a change to the Contract that does not increase the fees or term and done in accordance with Section 6.02 of these Special Conditions. "Confidential System Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to Grantee; or that Grantee may create, receive, maintain, use, disclose or have access to on behalf of HHSC or through performance of the Project, which is not designated as Confidential Information in a Data Use Agreement. "State" means the State of Texas and, unless otherwise indicated or appropriate, will be interpreted to mean HHSC and other agencies of the State of Texas that may participate in the administration of HHSC Programs; provided, however, that no provision will be interpreted to include any entity other than HHSC as the contracting agency. "Software" means all operating system and applications software used or created by Grantee to perform the work under the Contract. "UTC" means HHSC's Uniform Terms and Conditions —Grantee- Version 2.15. Article II. GRANTEE PERSONNEL Section 2.01 Qualifications Grantee agrees to maintain the organizational and administrative capacity and capabilities proposed in its response to the Solicitation, as modified, to carry out all duties and responsibilities under the Contract. Grantee Agents assigned to perform the duties and responsibilities under the Contract must be and remain properly trained and qualified for the functions they are to perform. Notwithstanding the transfer or turnover of personnel, Grantee remains obligated to perform all duties and responsibilities under the Contract without degradation and in strict accordance with the terms of the Contract. Section 2.02 Conduct and Removal While performing the Project, Grantee Agents must comply with applicable Contract terms, State and federal rules, regulations, HHSC's policies, and HHSC's requests regarding personal and professional conduct; and otherwise conduct themselves in a businesslike and professional manner If HHSC determines in good faith that a particular Grantee Agent is not conducting himself or herself in accordance with the terms of the Contract, HHSC may provide Grantee with notice and documentation regarding its concerns. Upon receipt of such notice, Grantee must promptly investigate the matter and, at HHSC's election, take appropriate action that may include removing the Grantee Agent from performing the Project. Article III. CONFIDENTIALITY Section 3.01 Confidential System Information Page 5 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC prohibits the unauthorized disclosure of Other Confidential Information. Grantee and all Grantee Agents will not disclose or use any Other Confidential Information in any manner except as is necessary for the Project or the proper discharge of obligations and securing of rights under the Contract. Grantee will have a system in effect to protect Other Confidential Information. Any disclosure or transfer of Other Confidential Information by Grantee, including information requested to do so by HHSC, will be in accordance with the Contract. If Grantee receives a request for Other Confidential Information, Grantee will immediately notify HHSC of the request, and will make reasonable efforts to protect the Other Confidential Information from disclosure until further instructed by the HHSC. Grantee will notify HHSC promptly of any unauthorized possession, use, knowledge, or attempt thereof, of any Other Confidential Information by any person or entity that may become known to Grantee. Grantee will furnish to HHSC all known details of the unauthorized possession, use, or knowledge, or attempt thereof, and use reasonable efforts to assist HHSC in investigating or preventing the reoccurrence of any unauthorized possession, use, or knowledge, or attempt thereof, of Other Confidential Information. HHSC will have the right to recover from Grantee all damages and liabilities caused by or arising from Grantee or Grantee Agents' failure to protect HHSC's Confidential Information as required by this section. IN COORDINATION WITH THE INDEMNITY PROVISIONS CONTAINED IN THE UTC, Grantee WILL INDEMNIFY AND HOLD HARMLESS HHSC FROM ALL DAMAGES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND COSTS) CAUSED BY OR ARISING FROM Grantee OR Grantee AGENTS FAILURE TO PROTECT OTHER CONFIDENTIAL INFORMATION. Grantee WILL FULFILL THIS PROVISION WITH COUNSEL APPROVED BY HHSC. Article IV. MISCELLANEOUS PROVISIONS Section 4.01 Minor Administrative Changes HHSC's designee, referred to as the Contract Manager, Project Sponsor, or other equivalent, in the Contract, is authorized to provide written approval of mutually agreed upon Minor Administrative Changes to the Project or the Contract that do not increase the fees or term. Changes that increase the fees or term must be accomplished through the formal amendment procedure, as set forth in the UTC. Upon approval of a Minor Administrative Change, HHSC and Grantee will maintain written notice that the change has been accepted in their Contract files. Section 4.02 Conflicts of Interest Grantee warrants to the best of its knowledge and belief, except to the extent already disclosed to HHSC, there are no facts or circumstances that could give rise to a Conflict of Interest and further that Grantee or Grantee Agents have no interest and will not acquire any direct or indirect interest that would conflict in any manner or degree with their performance under the Contract. Grantee will, and require Grantee Agents, to establish safeguards to prohibit Contract Agents from using Page 6 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B their positions for a purpose that constitutes or presents the appearance of personal or organizational Conflict of Interest, or for personal gain. Grantee and Grantee Agents will operate with complete independence and objectivity without actual, potential or apparent Conflict of Interest with respect to the activities conducted under the Contract. Grantee agrees that, if after Grantee's execution of the Contract, Grantee discovers or is made aware of a Conflict of Interest, Grantee will immediately and fully disclose such interest in writing to HHSC. In addition, Grantee will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Grantee or by HHSC as a potential conflict. HHSC reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Grantee agrees to abide by HHSC's decision. If HHSC determines that Grantee was aware of a Conflict of Interest and did not disclose the conflict to HHSC, such nondisclosure will be considered a material breach of the Contract. Furthermore, such breach may be submitted to the Office of the Attorney General, Texas Ethics Commission, or appropriate State or federal law enforcement officials for further action. Section 4.03 Flow Down Provisions Grantee must include any applicable provisions of the Contract in all subcontracts based on the scope and magnitude of work to be performed by such Subcontractor. Any necessary terms will be modified appropriately to preserve the State's rights under the Contract. Section 4.04 Contracts with Subcontractors. a. Grantee may enter into contracts with subcontractors unless restricted or otherwise prohibited in the Contract. b. Grantee must obtain prior written approval from System Agency before entering into an agreement which subcontracts any portion of Grantee's Scope of Work. c. Grantees are prohibited from subcontracting with for-profit organizations under this Contract. d. Subcontracting shall be conducted solely at the Grantee's expense; e. Prior to entering into a subcontract agreement equaling or exceeding $100,000, Grantee will obtain written approval from the System Agency. f. Obtain written approval before modifying any subcontract agreement to cause the agreement to exceed $100,000. g. Establish written policies and procedures for competitive procurement and monitoring of subcontracts and will produce a subcontracting monitoring plan. h. Monitor subcontractors for both financial and programmatic performance and will maintain pertinent records. Page 7 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B i. Submit quarterly monitoring reports to the System Agency in a format determined by the System Agency. j. ensure that subcontracts are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. k. Ensure all subcontracts, must be in writing and include the following: 1. Name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not -to -exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with the dates of the Contract. 1. Ensure and be responsible for the performance of the subcontractor(s). m. Not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs or if the subcontractor would be otherwise ineligible to abide by the terms of this Contract. Section 4.05 Status of Subcontractors. Grantees will require that all subcontractors certify that they are/have: a. In good standing with all state and federal funding and regulatory agencies; b. Not currently debarred, suspended or otherwise excluded from participation in federal grant programs; c. Not delinquent on any repayment agreements; d. Not had a required license or certification revoked; e. Not ineligible under the terms of the Contract; and f. Not had a contract terminated by the System Agency. g. Not voluntarily surrendered within the past three years any license issued by System Agency. Section 4.06 Incorporation of Terms in Subcontracts. a. Grantee will include in all its contracts with subrecipient subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontract): 1. Statement of Work 2. Uniform Terms and Conditions 3. Supplemental and Special Conditions Page 8 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 4. Federal Assurances and Certifications 5. Non -Exclusive List of Applicable Laws 6. A provision granting to the System Agency, State Auditor's Office (SAO), Office of Inspector General (OIG), and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor. b. Grantee will ensure that all written agreements with subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. c. No provision of this Contract creates privity of contract between the System Agency and any subcontractor of Grantee. Section 4.07 Notice of Legal Matter or Litigation. Grantee will notify the contract manager assigned to this Contract of any litigation or legal matter related to or affecting this Contract within seven (7) calendar days of becoming aware of the litigation or legal matter. Section 4.08 Grantee's Notification of Change of Contact Person or Key Personnel. Within ten (10) business days, Grantee shall notify the assigned contract manager to this Contract in writing of any change in the Grantee's Contact Persons or Key Personnel. Section 4.09 Notice of Organizational change. Within ten (10) business days, Grantee shall notify the assigned contract manager to this Contract in writing of any change to Grantee's name, contact information, organizational structure, such as merger, acquisition, or change in form of business, legal standing, or authority to do business in Texas. Section 4.10 Significant Incidents. In addition to notifying the appropriate authorities, Grantee will notify the assigned contract manager to this Contract in writing any significant incidents involving substantial disruption of Grantee's program operation or affecting or potentially affecting the health, safety or welfare of the System Agency funded clients or participants within three (3) calendar days of discovery. Section 4.11 Equipment, Supplies and Property. The Grantee shall have a property management system that meets federal requirements as stated by this Contract and WIC program policy. Items to be used for the originally authorized purpose as long as needed for that purpose, during which time the Grantee not dispose of or encumber its title or other interests. Page 9of17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Grantee will not encumber equipment purchased with System Agency funds without prior written approval from the System Agency. a. Definitions "Capital Assets" are tangible or intangible assets used in operations having a useful life of more than one year. Capital assets include (1) Land, buildings (facilities), equipment, and intellectual property (including software) whether acquired by purchase, construction, manufacture, lease -purchase, exchange; and (2) Additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations or alterations to capital assets that materially increase their value or useful life (not ordinary repairs and maintenance). "Designated Reportable Assets" for purposes of this Contract, are Designated Reportable Assets any nonexpendable tangible personal property with an acquisition cost of $250 or more but less than $5000. Includes (1) desktop and laptop computers, non-portable printers and copiers, software, firmware, (2) emergency management equipment, medical and laboratory equipment, and (3) communication devices and systems, and media equipment. "Equipment" is tangible and intangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds $5,000. • "Intangible Property" is considered equipment but has no physical existence, such as trademarks, copyrights, patents and patent applications and property, such as loans, notes and other debt instruments, lease agreements, stock and other instruments of property ownership (whether the property is tangible or intangible). "Supplies" is defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, and any items of tangible personal property other than those defined as Capital assets, Designated Reportable Assets, and equipment above. b. Property Inventory 1. Items acquired by Grantee with grant funds that meets the equipment, capital assets, and designated reportable assets definitions above, shall be physically inventoried annually with results documented and maintained using the designated System Agency inventory system and or forms. 2. Grantee shall complete the System Agency grant property inventory by August 31 and the designated report updated/current by September 30. 3. Grantee's current inventory will be available upon request and for monitoring. 4. Grantee inventory shall be reconciled with the approved inventory report to verify the existence, the current utilization, and continued need for the equipment. 5. Grantee property records shall be maintained by including the following: Page 10 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B i. Description of the property, ii. Serial number or other identification number, iii. Source of funding for the property, iv. Who holds title, v. Acquisition date, vi. Cost of the property, vii. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, viii. Disposition data including the date of disposal and sale price of the property. c. Maintenance of Property 1. Grantee shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. i. Grantee shall have adequate maintenance procedures developed to keep the property in good condition. ii. In addition to the Insurance provision of the Uniform Terms and Conditions, Grantee will maintain insurance or other means of repairing or replacing assets purchased with System Agency funds. 2. Grantee shall have a control system to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated and reported to System Agency. i. Grantee shall report lost or stolen items to System Agency within five (5) days after discovery. ii. If Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to, the equipment, designated reportable assets, and/or controlled assets covered by this policy, the Grantee shall use the proceeds to repair or replace the equipment, or record the proceeds as program income. d. Disposition of Property 1. Grantee shall reference WIC program policy and the current American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, of items purchased with grant funds that meet the equipment definition stated above. i. If, prior to the end of the useful life, any item that meets the equipment definition, is no longer needed to perform services under this Contract, or becomes inoperable, and had an acquisition price equal to or greater than $5,000, Grantee shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. Page 11 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ii. Grantee will ensure that disposition of that item is in accordance with Grantee's established organizational disposal policies, Generally Accepted Accounting Principles, and any applicable federal guidance. iii. When disposing of property, Grantee must have proper sales procedures to ensure the highest possible return. 2. Grantee shall obtain disposition approval from System Agency on items that meet the Capital Assets definition no matter the acquisition cost or useful life. 3. Grantee shall maintain all records for three (3) years after disposition, replacement, or transfer of property funds. e. Bankruptcy. 1. In the event of bankruptcy, Grantee will; i. sever the System Agency property, equipment, and supplies in possession of Grantee from the bankruptcy, and title must revert to the System Agency. ii. when directed by the System Agency, return all such property, equipment and supplies to the System Agency. iii. ensure that its subcontracts, if any, contain a specific provision requiring that in the event of the subcontractor's bankruptcy, the subcontractor must sever the System Agency property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to the System Agency, who may require that the property, equipment and supplies be returned to the System Agency. f. Closeout of Equipment 1. At the end of the term of a Contract that has no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Grantee will submit System Agency an inventory of equipment purchased with System Agency funds and request disposition instructions for such equipment. i. The title of equipment, capital assets, designated reportable assets equipment, and supplies in possession of Grantee from the bankruptcy, will revert to the System Agency. 2. All equipment purchased with System Agency funds must be secured by Grantee at the time of Closeout, or termination of this Contract, and must be disposed of according to the System Agency's disposition instructions, which may include return of the equipment to System Agency or transfer of possession to another System Agency Grantee, at Grantee's expense. 3. Grantee to ensure that its subcontracts, if any, must sever the System Agency property, equipment, and supplies in possession of the subcontractor and title must revert to the Page 12 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B System Agency, who may require that the property, equipment and supplies be returned to the System Agency. Section 4.12 Unilateral Amendment. The System Agency reserves the right to amend this Contract through execution of a unilateral amendment signed by the contract manager for this Contract and provided to the Contractor with ten (10) days' notice prior to execution of the amendment under the following circumstances to: a. To comply with a court order or judgment b. Incorporate new or revised federal or state laws, regulations, rules or policies c. Correct an obvious clerical error in this Contract; d. Modify a Contract Number or Agency ID Number; e. Change the name of the Contractor in order to reflect the Contractor's name as recorded by the Texas Secretary of State. f. To correct the name, mailing address, or contact information for persons named in the Contract; g. To update service descriptions or rates (if applicable); h. To revise budget category or service type funding amounts without increasing or decreasing the contract funding amount or i. To change the state fiscal year funding amount, based on utilization of funds or availability of funds. Section 4.13 Bilateral Amendment. Except as provided for the Unilateral Amendment in section 2.07, this Contract can only be changed by a Bilateral Amendment executed by both Parties. ARTICLE V. DSHS LEGACY PROVISIONS Section 5.01 Notice of Criminal Activity and Disciplinary Actions a. Grantee shall immediately report in writing to their contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, subcontractor or volunteer that is providing services under this Contract has: 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or 2. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Page 13 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by the System Agency. Section 5.02 Notice of IRS or TWC Insolvency Grantee shall notify in writing their assigned contract manager their insolvency, incapacity or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission within five days of the date of becoming aware of such. Section 5.03 Disaster Services In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Grantee may be called upon to assist the System Agency in providing the following services: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. worker health and safety; k. Mental health and substance abuse; 1. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Section 5.04 Consent by Non -Parent or Other State Law to Medical Care of a Minor Unless a federal law applies, before a Grantee or its subcontractor can provide medical, dental, psychological or surgical treatment to a minor without parental consent, informed consent must be obtained as required by Texas Family Code Chapter 32. Section 5.05 Telemedicine /Telepsychiatry Medical Services If Grantee or its subcontractor uses telemedicine/telepsychiatry, these services shall be in accordance with the Grantee's written procedures. Grantee must use a protocol approved by Grantee's medical director and equipment that complies with the System Agency equipment standards, if applicable. Grantee's procedures for providing telemedicine service must include the following requirements: Page 14 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B a. Clinical oversight by Grantee's medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their licenses; f. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and i. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 Texas Administrative Code Rule § 448.911. Section 5.06 Services and Information for Persons with Limited English Proficiency a. Grantee shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Grantee shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. c. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. Section 5.07 HIV/AIDS Model Workplace Guidelines Grantee shall implement System Agency's policies based on the Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS), AIDS Model Workplace Guidelines for Businesses at http://www.dshs.state.tx.us/hivstd/policy/policies.shtm, State Agencies and State Grantees Policy No. 090.021. Page 15 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Grantee shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. Section 5.08 Medical Records Retention a. Grantee shall retain medical records in accordance with 22 TAC § 165.1(b) or other applicable statutes, rules and regulations governing medical information. b. Grantee shall maintain full and complete records concerning WIC Program operations and the following requirements: 1. Records shall include, but not be limited to, information pertaining to financial operations, food delivery systems, food benefit issuance and redemption, equipment purchases and inventory, certification, nutrition education, civil rights and fair hearing procedures. 2. If United States Department of Agriculture (USDA) deems any of the WIC program records to be of historical interest, it may require System Agency or the Grantee to forward such records to the USDA whenever either entity is disposing of them. 3. All records shall be available during normal business hours for representatives of the USDA, System Agency and the Comptroller General of the United States to inspect, audit, and copy. Any reports or other documents resulting from the examination of such records that are publicly released may not include confidential applicant or participant information. Section 5.09 Notice of a License Action Grantee shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 5.10 Interim Extension Amendment a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. The System Agency shall provide written notice of interim extension amendment to the Grantee under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. c. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. Page 16 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B d. Grantee will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (b)(1) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by the System Agency. Section 5.11 Child Abuse Reporting Requirement a. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. b. Grantee shall comply with System Agency WIC Program Child Abuse policy. c. Grantee shall use the System Agency's Child Abuse Reporting Form located at www.System Agency.state.tx.us/childabusereporting as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 17 of 17 V 1.1 9.1.17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B OMB Number: 4040-0007 Expiration Date: 02/28/2022 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Health Director APPLICANT ORGANIZATION DATE SUBMITTED Corpus Christi-Nueces County Public Health District Standard Form 424B (Rev. 7-97) Back DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9 -digits Required www.usps.com DUNS Number: 9 -digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Annette Rodriquez Signature of Authorized Representative Title of Authorized Representative Health Director Date Health & Human Services Commission -1- Form 4734 — June 2013 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John BIum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: Health & Human Services Commission -2- Form 4734 — June 2013 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES SYSTEM AND CONTRACTOR This Data Use Agreement ("DUA") is effective as of the date of the Base Contract into which it is incorporated ("Effective Date"), by and between the Texas Health and Human Services System, which includes the Texas Health and Human Services Commission and the Department of State Health Services ("HHS") and Contractor (the "Base Contract"). ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate access to, creation, receipt, maintenance, use, disclosure or transmission of Confidential Information with Contractor, and describe Contractor's rights and obligations with respect to the Confidential Information and the limited purposes for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. This DUA also describes HHS's remedies in the event of Contractor's noncompliance with its obligations under this DUA. This DUA applies to both HHS business_associates, as "business associate" is defined in the Health Insurance Portability and Accountability Act (HIPAA), and contractors who are not business associates, who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As a best practice, HHS requires its contractors to comply with the terms of this DUA to safeguard all types of Confidential Information. As of the Effective Date of this DUA, if any provision of the Base Contract conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the following meanings: "Authorized Purpose" means the specific purpose or purposes described in the Base Contract for Contractor to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; (2) For whom Contractor warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Breach" means an impermissible use or disclosure of electronic or non -electronic sensitive personal information by an unauthorized person or for an unauthorized purpose that compromises the security or GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 1 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B privacy of Confidential Information such that the use or disclosure poses a risk of reputational harm, theft of financial information, identity theft, or medical identity theft. Any acquisition, access, use, disclosure or loss of Confidential Information other than as permitted by this DUA shall be presumed to be a Breach unless Contractor demonstrates, based on a risk assessment, that there is a low probability that the Confidential Information has been compromised. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to Contractor or that Contractor may create, receive, maintain, use, disclose or have access to on behalf of HHS that consists of or includes any or all of the following: (1) Education records as defined in the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g; 34 C.F.R. Part 99 (2) Federal Tax Information as defined in Internal Revenue Code §6103 and Internal Revenue Service Publication 1075; Personal Identifying Information (PII) as defined in Texas Business and Commerce Code, Chapter 521; (4) Protected Health Information (PHI) in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information as defined in 45 C.F.R. §160.103; Sensitive Personal Information (SPI) as defined in Texas Business and Commerce Code, Chapter 521; (6) Social Security Administration Data, including, without limitation, Medicaid information means disclosures of information made by the Social Security Administration or the Centers for Medicare and Medicaid Services from a federal system of records for administration of federally funded benefit programs under the Social Security Act, 42 U.S.C., Chapter 7; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Destroy", "Destruction", for Confidential Information, means: (1) Paper, film, or other hard copy media have been shredded or destroyed such that the Confidential Information cannot be read or otherwise cannot be reconstructed. Redaction is specifically excluded as a means of data destruction. (3) (5) (2) Electronic media have been cleared, purged, or destroyed consistent with NIST Special Publication 800-88, "Guidelines for Media Sanitization," such that the Confidential Information cannot be retrieved. "Discover, Discovery" means the first day on which a Breach becomes known to Contractor, or, by exercising reasonable diligence would have been known to Contractor. GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 2 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B "Legally Authorized Representative" of an individual, including as provided in 45 CFR 435.923 (authorized representative); 45 CFR 164.502(g)(1) (personal representative); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code § 166.164 (medical power of attorney); and Texas Estates Code § 22.031 (representative). "Required by Law" means a mandate contained in law that compels an entity to use or disclose Confidential Information that is enforceable in a court of law, including court orders, warrants, subpoenas or investigative demands. "Subcontractor" means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity. "Workforce" means employees, volunteers, trainees or other persons whose performance of work is under the direct control of a party, whether or not they are paid by that party. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION Section 3.01 Obligations of Contractor Contractor agrees that: (A) With respect to PHI, Contractor shall: (1) Make PHI available in a designated record set if requested by HHS, if Contractor maintains PHI in a designated record set, as defined in HIPAA. (2) Provide to HHS data aggregation services related to the healthcare operations Contractor performs for HHS pursuant to the Base Contract, if requested by HHS, if Contractor provides data aggregation services as defined in HIPAA. (3) Provide access to PHI to an individual who is requesting his or her own PHI, or such individual's Legally Authorized Representative, in compliance with the requirements of HIPAA. (4) Make PHI available to HHS for amendment, and incorporate any amendments to PHI that HHS directs, in compliance with HIPAA. (5) Document and make available to HHS, an accounting of disclosures in compliance with the requirements of HIPAA. (6) If Contractor receives a request for access, amendment or accounting of PHI by any individual, promptly forward the request to HHS or, if forwarding the request would violate HIPAA, promptly notify HHS of the request and of Contractor's response. HHS will respond to all such requests, unless Contractor is Required by Law to respond or HHS has given prior written consent for Contractor to respond to and account for all such requests. (B) With respect to ALL Confidential Information, Contractor shall: (1) Exercise reasonable care and no less than the same degree of care Contractor uses to protect its own confidential, proprietary and trade secret information to prevent Confidential Information from being used in a manner that is not expressly an Authorized Purpose or as Required by Law. Contractor will access, create, maintain, receive, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 3 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B (2) Establish, implement and maintain appropriate procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, in accordance with applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as Contractor has such Confidential Information in its actual or constructive possession. (3) Implement, update as necessary, and document privacy, security and Breach notice policies and procedures and an incident response plan to address a Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Base Contract. Contractor shall produce, within three business days of a request by HHS, copies of its policies and procedures and records relating to the use or disclosure of Confidential Information. (4) Obtain HHS's prior written consent to disclose or allow access to any portion of the Confidential Information to any person, other than Authorized Users, Workforce or Subcontractors of Contractor who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Breach to Contractor's management and as permitted in Section 3.01(A)(3), above. Contractor shall produce evidence of completed training to HHS upon request. HHS, at its election, may assist Contractor in training and education on specific or unique HHS processes, systems and/or requirements. All of Contractor's Authorized Users, Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources. (5) Establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. Contractor shall maintain evidence of sanctions and produce it to HHS upon request. (6) Obtain prior written approval of HHS, to disclose or provide access to any Confidential Information on the basis that such act is Required by Law, so that HHS may have the opportunity to object to the disclosure or access and seek appropriate relief. If HHS objects to such disclosure or access, Contractor shall refrain from disclosing or providing access to the Confidential Information until HHS has exhausted all alternatives for relief. (7) Certify that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose and that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. Contractor and its Subcontractors shall maintain at all times an updated, complete, accurate list of Authorized Users and supply it to HHS upon request. (8) Provide, and shall cause its Subcontractors and agents to provide, to HHS periodic written confirmation of compliance with controls and the terms and conditions of this DUA. (9) Return to HHS or Destroy, at HHS's election and at Contractor's expense, all Confidential Information received from HHS or created or maintained by Contractor or any of Contractor's agents or Subcontractors on HHS's behalf upon the termination or expiration of this DUA, if reasonably feasible and permitted by law. Contractor shall certify in writing to HHS that all such Confidential Information has been Destroyed or returned to HHS, and that Contractor and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, Contractor acknowledges and agrees that it may not Destroy any Confidential Information if federal or state law, or HHS record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction is not reasonably feasible, or is GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 4 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B impermissible by law, Contractor shall immediately notify HHS of the reasons such return or Destruction is not feasible and agree to extend the protections of this DUA to the Confidential Information for as long as Contractor maintains such Confidential Information. (10) Complete and return with the Base Contract to HHS, attached as Attachment 2 to this DUA, the HHS Security and Privacy Initial Inquiry (SPI) at https://hhs.texas.gov/laws- regulations/forms/miscellaneous/hhs-information-security-privacy-initial-inquiry-spi. The SPI identifies basic privacy and security controls with which Contractor must comply to protect Confidential Information. Contractor shall comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information Contractor creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. Contractor's security controls shall be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. Contractor shall update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and shall provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. (11) Comply with the HHS Acceptable Use Policy (AUP) and require each Subcontractor and Workforce member who has direct access to HHS Information Resources, as defined in the AUP, to execute an HHS Acceptable Use Agreement. (12) Only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in motion includes secure File Transfer Protocol (SFTP) or encryption at an appropriate level as required by rule, regulation or law. Confidential Information at rest requires encryption unless there is adequate administrative, technical, and physical security as required by rule, regulation or law. All electronic data transfer and communications of Confidential Information shall be through secure systems. Contractor shall provide proof of system, media or device security and/or encryption to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit, or the Discovery of a Breach. HHS may also request production of proof of security at other times as necessary to satisfy state and federal monitoring requirements. Deidentification of Confidential Information in accordance with HIPAA de -identification standards is deemed secure. (13) Designate and identify a person or persons, as Privacy Official and Information Security Official, each of whom is authorized to act on behalf of Contractor and is responsible for the development and implementation of the privacy and security requirements in this DUA. Contractor shall provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. Upon written notice from HHS, Contractor shall promptly remove and replace such official(s) if such official(s) is not performing the required functions. (14) Make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, Confidential Information in accordance with applicable laws, regulations or demands of a regulatory authority relating to Confidential Information. Contractor shall provide such information in a time and manner reasonably agreed upon or as designated by the applicable law or regulatory authority. (15) Comply with the following laws and standards if applicable to the type of Confidential Information and Contractor's Authorized Purpose: GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 5 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 17-12; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA); • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 — An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; • Family Educational Rights and Privacy Act • Texas Business and Commerce Code Chapter 521 • Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that Contractor supports on behalf of HHS. (16) Be permitted to use or disclose Confidential Information for the proper management and administration of Contractor or to carry out Contractor's legal responsibilities, except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, if: (a) Disclosure is Required by Law; (b) Contractor obtains reasonable assurances from the person to whom the information is disclosed that the person shall: 1. Maintain the confidentiality of the Confidential Information in accordance with this DUA; 2. Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the person; and 3. Notify Contractor in accordance with Section 4.01 of a Breach of Confidential Information that the person Discovers or should have Discovered with the exercise of reasonable diligence. GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 6 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B (C) With respect to ALL Confidential Information, Contractor shall NOT: (1) Attempt to re -identify or further identify Confidential Information that has been deidentified or attempt to contact any persons whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS. (2) Engage in prohibited marketing or sale of Confidential Information. (3) Permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of HHS without requiring that Subcontractor first execute either the Form Subcontractor Agreement, Attachment 1, or Contractor's own Subcontractor agreement that ensures that the Subcontractor shall comply with the same safeguards and restrictions contained in this DUA for Confidential Information. Contractor is directly responsible for its Subcontractors' compliance with, and enforcement of, this DUA. ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS Section 4.01. Cooperation and Financial Responsibility. (A) Contractor shall, at Contractor's expense, cooperate fully with HHS in investigating, mitigating to the extent practicable, and issuing notifications as directed by HHS, for any Breach of Confidential Information. (B) Contractor shall make Confidential Information in Contractor's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach. (C) Contractor's obligation begins at the Discovery of a Breach and continues as long as related activity continues, until all effects of the Breach are mitigated to HHS's satisfaction (the "incident response period"). Section 4.02. Initial Breach Notice. For federal information obtained from a federal system of records, including Federal Tax Information and Social Security Administration Data (which includes Medicaid and other governmental benefit program Confidential Information), Contractor shall notify HHS of the Breach within the first consecutive clock hour of Discovery. The Base Contract shall specify whether Confidential Information is obtained from a federal system of records. For all other types of Confidential Information Contractor shall notify HHS of the Breach not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing. Contractor shall initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for the Base Contract. Contractor shall report all information reasonably available to Contractor about the Breach. Contractor shall provide contact information to HHS for Contractor's single point of contact who will communicate with HHS both on and off business hours during the incident response period. Section 4.03 Third Business Day Notice: No later than 5 p.m. on the third business day after Discovery, or a time within which Discovery reasonably should have been made by Contractor of a Breach of Confidential Information, Contractor shall provide written notification to HHS of all reasonably available information about the Breach, and Contractor's investigation, including, to the extent known to Contractor: a. The date the Breach occurred; GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 7 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B b. The date of Contractor's and, if applicable, Subcontractor's Discovery; c. A brief description of the Breach, including how it occurred and who is responsible (or hypotheses, if not yet determined); d. A brief description of Contractor's investigation and the status of the investigation; e. A description of the types and amount of Confidential Information involved; f. Identification of and number of all individuals reasonably believed to be affected, including first and last name of the individual and if applicable, the Legally authorized representative, last known address, age, telephone number, and email address if it is a preferred contact method; Contractor's initial risk assessment of the Breach demonstrating whether individual or other g. notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; h. Contractor's recommendation for HHS's approval as to the steps individuals and/or Contractor on behalf of individuals, should take to protect the individuals from potential harm, including Contractor's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an individual with special capacity or circumstances; i. The steps Contractor has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); The steps Contractor has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Breach; k. Identify, describe or estimate of the persons, Workforce, Subcontractor, or individuals and any law enforcement that may be involved in the Breach; 1. A reasonable schedule for Contractor to provide regular updates regarding response to the Breach, but no less than every three (3) business days, or as otherwise directed by HHS in writing, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; J. and m. Any reasonably available, pertinent information, documents or reports related to a Breach that HHS requests following Discovery. Section 4.04. Investigation, Response and Mitigation. (A) Contractor shall immediately conduct a full and complete investigation, respond to the Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the satisfaction of HHS. (B) Contractor shall complete or participate in a risk assessment as directed by HHS following a Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 8 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B (C) Contractor shall fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, persons and/or individuals about the Breach. (D) Contractor shall fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. Section 4.05. Breach Notification to Individuals and Reporting to Authorities. (A) HHS may direct Contractor to provide Breach notification to individuals, regulators or third -parties, as specified by HHS following a Breach. (B) Contractor must comply with all applicable legal and regulatory requirements in the time, manner and content of any notification to individuals, regulators or third -parties, or any notice required by other state or federal authorities, including without limitation, notifications required by Texas Business and Commerce Code, Chapter 521.053(b) and HIPAA. Notice letters will be in Contractor's name and on Contractor's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of Contractor's representative, an email address and a toll-free telephone number, for the individual to obtain additional information. (C) Contractor shall provide HHS with draft notifications for HHS approval prior to distribution and copies of distributed and approved communications. (D) Contractor shall have the burden of demonstrating to the satisfaction of HHS that any required notification was timely made. If there are delays outside of Contractor's control, Contractor shall provide written documentation to HHS of the reasons for the delay. (E) If HHS directs Contractor to provide notifications, HHS shall, in the time and manner reasonably requested by Contractor, cooperate and assist with Contractor's information requests in order to make such notifications. ARTICLE 5. GENERAL PROVISIONS Section 5.01 Ownership of Confidential Information Contractor acknowledges and agrees that the Confidential Information is and shall remain the property of HHS. Contractor agrees it acquires no title or rights to the Confidential Information. Section 5.02 HHS Commitment and Obligations HHS will not request Contractor to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. Section 5.03 HHS Right to Inspection At any time upon reasonable notice to Contractor, or if HHS determines that Contractor has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of Contractor to monitor compliance with this DUA. For purposes of this subsection, HHS's agent(s) include, without limitation, the HHS Office of the Inspector General, the Office of the Attorney General of Texas, the State Auditor's Office, outside consultants, legal counsel or other designee. GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 9 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Section 5.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which Contractor executes the Base Contract and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended, this DUA is extended to run concurrent with the Base Contract. (A) If HHS determines that Contractor has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require Contractor to submit to a corrective action plan, including a plan for monitoring and plan for reporting as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide Contractor with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately and seek relief in a court of competent jurisdiction in Travis County, Texas. Before exercising any of these options, HHS will provide written notice to Contractor describing the violation and the action it intends to take. (B) If neither termination nor cure is feasible, HHS shall report the violation to the applicable regulatory authorities. (C) The duties of Contractor or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. Section 5.05 Injunctive Relief (A) Contractor acknowledges and agrees that HHS may suffer irreparable injury if Contractor or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) Contractor further agrees that monetary damages may be inadequate to compensate HHS for Contractor's or its Subcontractor's failure to comply. Accordingly, Contractor agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. Section 5.06 Indemnification To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, Contractor shall indemnify, defend and hold harmless HHS and its respective Executive Commissioner, employees, Subcontractors, agents (including other state agencies acting on behalf of HHS) or other members of HHS' Workforce (each of the foregoing hereinafter referred to as "Indemnified Party") against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this DUA or from any acts or omissions related to this DUA by Contractor or its employees, directors, officers, GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 10 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Subcontractors, or agents or other members of Contractor's Workforce. The duty to indemnify, defend and hold harmless is independent of the duty to insure. Upon demand, Contractor shall reimburse HHS for any and all losses, liabilities, lost profits, fines, penalties, costs or expenses (including costs of required notices, investigation, and mitigation of a Breach, fines or penalties imposed on an Indemnified Party by a regulatory authority, and reasonable attorneys' fees) which may be imposed upon any Indemnified Party to the extent caused by and which results from the Contractor's failure to meet any of its obligations under this DUA. Contractor's obligation to defend, indemnify and hold harmless any Indemnified Party will survive the expiration or termination of this DUA. Section 5.07 Insurance (A) As a governmental entity, CONTRACTOR either maintains commercial insurance or self - insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will either require that the policy name HHS as an additional insured or assign any payments from the insurer related to CONTRACTOR' s liability arising under this DUA directly to HHS. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) Contractor shall provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. Section 5.08 Entirety of the Contract This DUA is incorporated by reference into the Base Contract and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. Section 5.09 Automatic Amendment and Interpretation Upon the effective date of any amendment or issuance of additional regulations to any law applicable to Confidential Information, this DUA will automatically be amended so that the obligations imposed on HHS and/or Contractor remain in compliance with such requirements. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and Contractor to comply with laws applicable to Confidential Information. Section 5.10 Notices; Requests for Approval All notices and requests for approval related to this DUA must be directed to the HHS Chief Privacy Officer at privacy@hhsc.state.tx.us. GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 11 of 11 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT 1. SUBCONTRACTOR AGREEMENT FORM HHS CONTRACT NUMBER The DUA between HHS and Contractor establishes the permitted and required uses and disclosures of Confidential Information by Contractor. Contractor has subcontracted with (Subcontractor) for performance of duties on behalf of CONTRACTOR which are subject to the DUA. Subcontractor acknowledges, understands and agrees to be bound by the same terms and conditions applicable to Contractor under the DUA, incorporated by reference in this Agreement, with respect to HHS Confidential Information. Contractor and Subcontractor agree that HHS is a third -party beneficiary to applicable provisions of the subcontract. HHS has the right, but not the obligation, to review or approve the terms and conditions of the subcontract by virtue of this Subcontractor Agreement Form. Contractor and Subcontractor assure HHS that any Breach as defined by the DUA that Subcontractor Discovers shall be reported to HHS by Contractor in the time, manner and content required by the DUA. If Contractor knows or should have known in the exercise of reasonable diligence of a pattern of activity or practice by Subcontractor that constitutes a material breach or violation of the DUA or the Subcontractor's obligations, Contractor shall: 1. Take reasonable steps to cure the violation or end the violation, as applicable; 2. If the steps are unsuccessful, terminate the contract or arrangement with Subcontractor, if feasible; 3. Notify HHS immediately upon Discovery of the pattern of activity or practice of Subcontractor that constitutes a material breach or violation of the DUA and keep HHS reasonably and regularly informed about steps Contractor is taking to cure or end the violation or terminate Subcontractor's contract or arrangement. This Subcontractor Agreement Form is executed by the parties in their capacities indicated below. CONTRACTOR SUBCONTRACTOR BY: BY: NAME: TITLE: DATE , 201 . NAME: TITLE: DATE: HHS Data Use Agreement v. 8.5 Docu 510°1.4 SECURED Certificate Of Completion Envelope Id: ACE2F2C569F84E508CE386032C7EC67B Subject: New $6,146,791; HHS000802100001; Corpus Christi Nueces Co PHD; MSS/HDIS/HDS/WIC Source Envelope: Document Pages: 93 Signatures: 0 Certificate Pages: 3 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Status: Sent Envelope Originator: Texas Health and Human Services Commission 1100 W. 49th St. Austin, TX 78756 PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.15 Record Tracking Status: Original 6/17/2020 4:50:20 PM Holder: Texas Health and Human Services Commission PCS_DocuSign@hhsc.state.tx.us Location: DocuSign Signer Events Signature Timestamp Trey Wood trey.wood@hhsc.state.tx.us Chief Financial Officer Texas Health and Human Services Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Annette Rodriquez annetter@cctexas.com Health Director Corpus Christi-Nueces County Public Health District Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Andy Marker Edward.Marker@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Karen Ray Karen.Ray@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Chad Riley Chad.Riley@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Completed Using IP Address: 167.137.1.12 Sent: 6/17/2020 5:22:29 PM Viewed: 6/23/2020 9:29:02 PM Signed: 6/23/2020 9:29:07 PM Sent: 6/23/2020 9:29:10 PM Viewed: 6/23/2020 11:14:42 PM Signer Events Signature Timestamp Dee Budgewater Dee.Budgewater@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Ellen Watkins Ellen.Watkins@hhsc.state.tx.us Texas Health and Human Services — WIC Program Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign HHSC FS Budget Contracts FS_BudgetContracts@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign krisandra wilson krisandra.wilson@hhsc.state.tx.us Program Specialist V HHSC Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cynthia Wright cynthia.wright@hhsc.state.tx.us Contract Specialist V HHSC Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kathrine Galvan KathrineG2@cctexas.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Status Status Status Status Status COPIED COPIED COPIED COPIED COPIED Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 6/17/2020 5:22:29 PM Sent: 6/17/2020 5:22:29 PM Viewed: 6/18/2020 11:27:24 AM Sent: 6/17/2020 5:22:29 PM Sent: 6/17/2020 5:22:29 PM Sent: 6/23/2020 9:29:11 PM Viewed: 6/24/2020 7:58:25 AM Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/23/2020 9:29:11 PM Payment Events Status Timestamps