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HomeMy WebLinkAboutAgenda Packet City Council - 11/17/2020City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, November 17, 2020 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.SPECIAL CONSIDERATION ITEMS: (ITEMS 1 - 3) 1.20-1386 One-reading Ordinance canvassing returns and declaring the results of the Page 1 City of Corpus Christi Printed on 11/16/2020 November 17, 2020City Council Meeting Agenda - Final-revised General Election held on November 3, 2020 in the City of Corpus Christi for the purpose of electing the Mayor and eight Council Members; and of the Special Elections on that same date for the adoption of three propositions for Bond 2020. Sponsors:City Secretary's Office 2.20-1387 One-reading Ordinance ordering a runoff election to be held on December 15, 2020 in the City of Corpus Christi for the election of Mayor and Council Member Districts One and Four, designating polling place locations, enacting provisions incident and relating to the subject and purpose of this ordinance. Sponsors:City Secretary's Office 3.20-1304 TxDOT and Flatiron/Dragados Briefing on the Harbor Bridge Replacement Project Sponsors:Public Works/Street Department G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS H.MINUTES: (NONE) I.BOARD & COMMITTEE APPOINTMENTS: (NONE) J.EXPLANATION OF COUNCIL ACTION: K.CONSENT AGENDA: (ITEMS 4 - 21) Consent - Second Reading Ordinances 4.20-1217 Zoning Case No. 0920-01, Nemec Family Properties, Ltd (District 1). Ordinance rezoning property at or near 3601 Interstate 69 from the “FR” Farm Rural District to the “CG-2” General Commercial District. (Planning Commission and Staff recommend Approval) (Requires 2/3 vote) Sponsors:Development Services 5.20-1299 Ordinance authorizing acceptance of a grant from State Farm Insurance in an amount of $10,000.00 for the Auto Burglary and Auto Theft Holiday Public Awareness Campaign; and appropriating $10,000.00 in the Police Grants Fund. (Requires 2/3 vote) Sponsors:Police Department 6.20-1313 Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in an amount of $22,734.08 to fund overtime and related costs for the Red Cord Initiative Diversion Program (Prostitution Crimes Page 2 City of Corpus Christi Printed on 11/16/2020 November 17, 2020City Council Meeting Agenda - Final-revised Reduction Program); and appropriating $22,734.08 in the Police Grants Fund. (Requires 2/3 vote) Sponsors:Police Department 7.20-1314 Ordinance authorizing acceptance of a grant in an amount of $48,211.68 from State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of $13,702.16 and in-kind match of $6,960.00; appropriating $48,211.68 in the Police Grants Fund; authorizing one FTE for a Victim Case Manager; and authorizing a transfer of $13,702.16 from the General Fund to the Police Grants Fund. (Requires 2/3 vote) Sponsors:Police Department 8.20-1333 Ordinance authorizing an Interlocal Cooperation Agreement between the City of Corpus Christi, Nueces County, and the Regional Transportation Authority (RTA) to pay for the P25 Public Safety Radio System Infrastructure Upgrade; appropriating $608,000 of anticipated revenue from Nueces County and $192,000 of anticipated revenue from the RTA in the Police Building CIP Fund; and amending the FY 2021 budget adopted by Ordinance No. 032203 by increasing revenues and expenditures by $800,000 each. (Requires 2/3 vote) Sponsors:Information Technology Services and Police Department 9.20-1370 Ordinance authorizing a one year lease with Sinister, LLC with monthly rent of $100 including an option to extend for four additional one year terms with monthly rent of $300 for use of the city owned property located at 1401 Leopard Street for a parking lot. (Requires 2/3 vote) Sponsors:Asset Management Department 10.20-1348 Ordinance accepting and appropriating $3,285,000 from the Coronavirus Relief Fund (“CRF”), established by the CARES Act and provided through the State of Texas, for prevention, preparation for, and response to the COVID-19 pandemic; and approving a transfer of allocation of $415,000 to Nueces County from the City’s $17,960,470 CRF specifically for expenses for the operation of the Amistad COVID Clinic and the purchase of air filtration equipment for Nueces County buildings. (Requires 2/3 vote) Sponsors:Finance & Business Analysis Consent - Contracts and Procurement 11.20-1263 Resolution authorizing a three-year service agreement for mowing and grounds maintenance services for Storm Water near Ocean Drive with Olympia Landscape Development, Inc. of Laredo, Texas, in an amount not to exceed $83,160.00; with FY 2021 funding available from the Storm Water Fund. (Requires 2/3 vote) Sponsors:Public Works/Street Department and Contracts and Procurement Page 3 City of Corpus Christi Printed on 11/16/2020 November 17, 2020City Council Meeting Agenda - Final-revised 12.20-1266 Resolution authorizing a three-year service agreement for mowing and grounds maintenance services for Storm Water Rights of Way for North Beach with Daniel Joe Gonzalez and Alfredo Adoniram Gonzalez dba G Squared of Corpus Christi, Texas, in an amount not to exceed $53,316.00, with FY 2021 funding available from the Storm Water Fund. (Requires 2/3 vote) Sponsors:Public Works/Street Department and Contracts and Procurement 13.20-1321 Motion authorizing a five-year service agreement with Grande Communications Networks, LLC in an amount of $195,000.00 for a physical fiber link between the City of Corpus Christi’s information technology (IT) infrastructure in Corpus Christi and the City’s remote back-up data center, effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of $39,000.00 available in the Information Technology Fund. (Requires 2/3 vote) Sponsors:Information Technology Services and Contracts and Procurement 14.20-1085 Resolution authorizing a three-year service agreement with Ronald Edward Stallings, dba Architectural Fence Company of Corpus Christi, in an amount not to exceed $86,850 for maintenance and repairs to 12 VMag gate operators at the Corpus Christi International Airport, effective upon issuance of notice to proceed, with funding in an estimated amount of $30,000.00 available in the FY 2021 Airport Fund. (Requires 2/3 vote) Sponsors:Aviation Department and Contracts and Procurement 15.20-1152 Resolution authorizing a three-year service agreement with OpenSesame, Inc. of Portland, Oregon in an amount of $203,400.00 for the OpenSesame Plus eLearning subscription licenses that provide on-demand access to training for City employees such as HIPAA compliance, supervisory training, and continuing education certifications, with FY 2021 funding in an amount of $67,800.00 available from the General Fund. (Requires 2/3 vote) Sponsors:Human Resources and Contracts and Procurement Consent - Capital Projects 16.20-0969 Motion awarding a professional services contract to Maldonado-Burkett, Corpus Christi, Texas, to design pedestrian safety improvements for seven intersections in the downtown area in an amount of $124,982.50 located in City Council District 1, with FY 2021 funding available in the Bond 2018 Street Proposition B and Utility Capital Program Funds. (Requires 2/3 vote) Sponsors:Engineering Services and Contracts and Procurement 17.20-1125 Motion awarding a construction contract to Bay Ltd., Corpus Christi, TX for reconstruction of South Staples Street from Baldwin Boulevard to Kostoryz Road, located in Council District 2, with new concrete pavement and utility Page 4 City of Corpus Christi Printed on 11/16/2020 November 17, 2020City Council Meeting Agenda - Final-revised improvements in an amount of $13,466,633.10 with FY 2021 funding available from the Street Bond 2014, 2018 and Storm Water, Wastewater, Gas and Water Funds. (Requires 2/3 vote) Sponsors:Engineering Services, Public Works/Street Department and Contracts and Procurement 18.20-1326 Resolution authorizing the submittal of grant applications for the FY 2022 - FY 2024 Federal Highway Safety Improvement Program (HSIP) construction funds for a three-year total amount of $752,000.00, administered by the Texas Department of Transportation (TxDOT), to be distributed to the City of Corpus Christi; and authorizing an Advanced Funding Agreement with TxDOT for distribution of HSIP construction funds should the grants be awarded. (Requires 2/3 vote) Sponsors:Public Works/Street Department 19.20-1327 Motion authorizing Amendment No. 4 to LJA Engineering, Corpus Christi, Texas, to provide additional professional services for environmental permitting, mitigation plan development, stakeholder coordination and construction phase services related to the nearby Laguna Shores road construction project, in an amount of $96,055.00 for a total contract amount of $907,140.00, located in City Council District 4, with funding available from Bond 2018, Proposition A Fund. (Requires 2/3 vote) Sponsors:Engineering Services, Public Works/Street Department and Contracts and Procurement General Consent Items 20.20-1228 Resolution authorizing 12 month extensions for a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement not to exceed $183,810.74 for installation of a water arterial transmission and grid main line, and a Developer Participation Agreement not to exceed $185,005.37 for partial construction of Oso Parkway with MPM Development, LP for a planned residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard at 8399 Rock Crest Drive. (District 5, requires 2/3 vote) Sponsors:Development Services 21.20-1388 Resolution to adopt the City of Corpus Christi’s State Legislative Agenda for the 87th Texas Legislature and Federal Legislative Priorities for the 117th United States Congress. Sponsors:Communications & Intergovernmental Affairs L.RECESS FOR LUNCH M.PUBLIC HEARINGS: N.REGULAR AGENDA: Page 5 City of Corpus Christi Printed on 11/16/2020 November 17, 2020City Council Meeting Agenda - Final-revised O.FIRST READING ORDINANCES: (ITEM 22) 22.20-1329 Ordinance amending Chapter 21 of the Corpus Christi Code of Ordinances to establish the Super Bag Collection Service for residential waste collection, following a successful six month pilot program, and to enact a cost recovery fee of $135.00 to be paid at time of bag purchase. Sponsors:Solid Waste Operations P.BRIEFINGS: Q.EXECUTIVE SESSION: R.IDENTIFY COUNCIL FUTURE AGENDA ITEMS S.ADJOURNMENT Page 6 City of Corpus Christi Printed on 11/16/2020 DATE: November 4, 2020 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 CAPTION: One-reading Ordinance canvassing returns and declaring the results of the General Election held on November 3, 2020 in the City of Corpus Christi for the purpose of electing the Mayor and eight Council Members; and of the Special Elections on that same date for the adoption of three propositions for Bond 2020. SUMMARY: To canvass the returns of the November 3, 2020 General Election to elect the Mayor and eight Council Members and the Special Election for the adoption of the three Bond 2020 propositions. Upon completion of the canvass, the election results become official. BACKGROUND AND FINDINGS: On August 11, 2020, the City Council approved Ordinance No. 032176, which ordered and called a General Election for the election of Mayor and eight Council Members to be held on November 3, 2020. Ordinance No. 032176 also provided that a runoff election would be held on December 15, 2020, if one is necessary. Additionally, the City Council approved Ordinance No. 032175, which ordered and called a Special Election concerning three Bond 2020 propositions for issuance of bonds in the aggregate principal amount not to exceed $75,000,000. The City received the final canvassing report from the Nueces County Clerk’s Office. The results of the November 3, 2020 election are attached in Exhibit A of the canvassing ordinance. To summarize, a runoff election will be held on December 15th for the offices of Mayor and Council Member Districts 1 and 4, and all three bond propositions were approved by the voters. These results become official when the Council approves the ordinance. Per Section 67.004 (a) of the Texas Election Code, two members of the governing body constitutes a quorum for canvassing the election results. Canvassing the results of November 3, 2020 General and Special Elections AGENDA MEMORANDUM Action Item for the City Council Meeting of November 17, 2020 ALTERNATIVES: None. FISCAL IMPACT: None. Funding Detail: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: SUPPORTING DOCUMENTS: Ordinance 1 One-reading Ordinance canvassing returns and declaring the results of the General Election held on November 3, 2020 in the City of Corpus Christi for the purpose of electing the Mayor and eight Council Members; and of the Special Elections on that same date for the adoption of three propositions for Bond 2020. Whereas, the City Council of the City of Corpus Christi, by Ordinance No. 032176 on August 11, 2020, ordered and called a General Election for the election of Mayor and eight Council Members to be held on November 3, 2020; Whereas, Ordinance No. 032176 provided that a runoff election shall be held on December 15, 2020, if one is necessary; Whereas, by Ordinance No. 032175 on August 11, 2020, the City Council also ordered and called a Special Election concerning three propositions for issuance of bonds in the aggregate principal amount not to exceed $75,000,000, with priority given to projects identified in each proposition; Whereas, the General Election and Special Elections described above are herein referred to as the “Elections”; Whereas, notice of said Elections was given as required by law; Whereas, said Elections were duly held on the 3rd day of November, 2020, at which said contests and measures were presented to all qualified voters as provided in the respective City ordinance calling the applicable Elections and in conformity with the election laws of the State of Texas; and Whereas, it is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by the Texas Open Meetings Act; and Whereas, the City Council has reviewed and investigated all matters pertaining to these Elections, and finds that the said Elections were in all respects lawfully; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City Council having convened on this the 17th day of November, 2020 to canvass the returns of the Elections held on November 3, 2020, and after canvassing the returns of these Elections, officially finds and determines that these Elections were duly ordered; proper notice of the Elections was given; proper election officers were duly appointed prior to these Elections; the Elections were duly held; the City has complied with the Federal Voting Rights Act, the Texas Election Code, and the City Charter; and due returns of the result of these Elections have been made and delivered, all in accordance with the law and the Ordinance calling the elections. . Section 2. The City Council does officially find and declare the results of the General Election (Attachment A) to be as follows: 2 Mayor Pancho Villa 3,213 Eric Rodriguez 4,330 Carolyn Vaughn 17,198 Priscilla Gonzalez 5,427 Joe Michael Perez 2,793 Roberto Seidner 284 Joe McComb 34,118 John Medina 2,775 Paulette Guajardo 33,366 Council Member, At Large Liz Perez 19,865 Mike Pusley 34,012 Michael Hunter 34,020 Myron Grossman 5,089 Larry White 9,007 John Martinez 22,416 Ricardo Hankerson 2,570 Efrain “Frank” Arriaga, Jr. 11,334 Richard Diaz 2,280 Patricia Pena-Noyola 10,028 Brian Rosas 4,039 Deanna Michelle King 7,204 John Garcia 5,492 Council Member, District 1 Rachel Ann Caballero 5,050 Eli McKay 1,748 Neely Balko 2,906 Billy Lerma 3,247 Council Member, District 2 Ben Molina 7,005 Sylvia Campos 6,506 Council Member, District 3 Herbert Rubio 4,616 Roland Barrera 9,200 Council Member, District 4 Kaylynn Paxson 7,090 Jim Klein 5,781 Greg Smith 7,155 Dan Grimsbo 2,313 Council Member, District 5 John R. Luis 9,344 Gil Hernandez 14,031 3 The propositions submitted to the City voters in the Special Elections are attached here as Attachment B incorporated by reference and made part of this Ordinance as though reproduced here in their entirety. The results of the canvass of the Special Elections are declared to be: City of Corpus Christi Proposition A For 75,385 (Streets) Against 27,380 City of Corpus Christi Proposition B For 71,911 (Parks and Recreation) Against 30,677 City of Corpus Christi Proposition C For 76,866 (Public Safety) Against 25,709 Section 3. The City Council accepts and approves the returns for the General Election as received and canvassed, and declares that the following persons are declared elected and may qualify for the office indicated: Council Member At-Large Michael Hunter Mike Pusley John Martinez Council Member District 2 Ben Molina Council Member District 3 Roland Barrera Council Member District 5 Gil Hernandez The Council finds that the candidates who received the highest and second highest number of votes are hereby certified for placement in a runoff election as follows: Mayor Joe McComb Paulette Guajardo Council Member District 1 Rachel Ann Caballero Billy Lerma Council Member District 4 Greg Smith Kaylynn Paxson Section 4. A MAJORITY of the resident, qualified voters of the City of Corpus Christi, Texas, voting in the Special Election, having voted FOR the authorization and issuance of not more than $61,000,000 of bonds and the levy and pledge of the tax in payment ther eof as provided in Proposition A, the City Council hereby finds and determines that Proposition A carried at the Special Election and that the City Council is hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority granted in Proposition A and with law. 4 Section 5. A MAJORITY of the resident, qualified voters of the City of Corpus Christi, Texas, voting in the Special Election, having voted FOR the authorization and issuance of not more than $12,000,000 of bonds and the levy and pledge of the tax in payment thereof as provided in Proposition B, the City Council hereby finds and determines that Proposition B carried at the Special Election and that the City Council is hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority granted in Proposition B and with law. Section 6. A MAJORITY of the resident, qualified voters of the City of Corpus Christi, Texas, voting in the Special Election, having voted FOR the authorization and issuance of not more than $2,000,000 of bonds and the levy and pledge of the tax in payment thereof as provided in Proposition C, the City Council hereby finds and determines that Proposition C carried at the Special Election and that the City Council is hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority granted in Proposition C and with law. Section 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 9. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 10. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this O rdinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 11. This Ordinance shall be in force and effect from and after its final passage and it is so ordained. Section 12. Pursuant to Section 67.004(a) of the Texas Election Code, two members of the governing body constitutes a quorum for canvassing the election results. Section 13. The necessity of making an official canvass of votes and declaring the results thereof immediately in order to meet the requirements of State Law and the City Charter, and the need for efficient and effective administration of the City’s affairs, creates a public emergency requiring the suspension of the City Charter rule that no ordinance be passed finally on the date of its introduction but that such ordinance shall be read at two regular meetings of the City Council, and the Mayor having declared that such emergency exits, having requested the suspension of the City Charter rule that this ordinance be finally passed on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ________ day of November, 2020. 5 Corpus Christi, Texas ____ Day of November, 2020 THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, _________________________ _________________________ __________________________ _________________________ Joe McComb Mayor _________________________ _________________________ Council Members The above ordinance was passed by the following vote: Mayor Joe McComb ________________________ Roland Barrera ________________________ Paulette M. Guajardo ________________________ Gil Hernandez ________________________ Michael Hunter ________________________ Ben Molina ________________________ Everett Roy ________________________ Greg Smith ________________________ Pursuant to Section 67.004 (a) of the Texas Election Code, two members of the governing body constitute a quorum for canvassing the election results. 6 ATTACHMENT A CITY OF CORPUS CHRISTI GENERAL AND SPECIAL ELECTIONS NOVEMBER 3, 2020 PRECINCT-BY-PRECINCT ELECTION RESULTS DATED this the 17th day of November, 2020 Precinct Pancho VillaEric RodriguezCarolyn VaughnPriscilla GonzalezJoe Michael PerezRoberto SeidnerJoe McCombJohn MedinaPaulette GuajardoCast VotesUndervotesOvervotesAbsentee Voting Ballots Cast1 21 28 101 42 17 2 264 5 207 687 110 0 173 2 55 71 192 81 29 2 529 38 451 1,448 146 0 244 3 43 100 359 90 47 3 876 51 912 2,481 185 1 313 4 29 64 180 91 45 3 385 40 496 1,333 112 2 280 5 16 51 166 34 22 1 442 20 313 1,065 74 0 168 6 52 86 354 72 57 5 702 39 606 1,973 216 0 201 7 14 16 51 21 11 1 74 21 114 323 25 0 53 8 85 171 462 156 107 4 967 69 1,043 3,064 325 1 320 9 30 42 397 41 29 2 362 22 255 1,180 89 0 137 15 15 10 29 24 5 0 52 3 76 214 18 0 17 16 0 0 2 0 2 0 18 1 7 30 3 0 0 17 61 89 205 125 59 4 483 43 587 1,656 186 2 276 18 62 69 259 89 57 8 509 51 398 1,502 227 2 224 19 0 2 11 1 1 0 42 1 5 63 22 1 23 20 47 74 193 95 60 8 469 55 723 1,724 138 2 199 21 5 13 112 6 5 0 54 7 28 230 30 0 65 23 1 2 41 3 7 0 39 2 26 121 17 0 11 24 23 15 35 27 10 2 71 19 113 315 48 0 61 26 48 111 445 79 60 7 1,152 55 1,106 3,063 256 0 356 29 38 86 308 81 43 2 785 41 791 2,175 185 0 223 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 1 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Early Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage1 535 89 797 1,416 56.29% 2 1,131 219 1,594 2,614 60.98% 3 2,144 210 2,667 3,595 74.19% 4 974 193 1,447 2,486 58.21% 5 863 108 1,139 1,558 73.11% 6 1,732 256 2,189 3,598 60.84% 7 211 84 348 760 45.79% 8 2,696 374 3,390 4,973 68.17% 9 978 154 1,269 1,940 65.41% 15 155 60 232 492 47.15% 16 29 4 33 41 80.49% 17 1,300 268 1,844 3,085 59.77% 18 1,260 247 1,731 3,240 53.43% 19 55 8 86 125 68.80% 20 1,358 307 1,864 3,059 60.93% 21 166 29 260 434 59.91% 23 116 11 138 180 76.67% 24 243 59 363 870 41.72% 26 2,710 253 3,319 4,467 74.30% 29 1,895 242 2,360 3,262 72.35% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 2 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Pancho VillaEric RodriguezCarolyn VaughnPriscilla GonzalezJoe Michael PerezRoberto SeidnerJoe McCombJohn MedinaPaulette GuajardoCast VotesUndervotesOvervotesAbsentee Voting Ballots Cast30 2 0 12 3 2 0 15 1 12 47 15 0 12 31 20 8 31 23 7 0 43 6 68 206 19 0 39 32 42 48 157 72 37 2 404 22 377 1,161 133 2 154 33 17 17 24 20 7 1 50 10 74 220 22 1 40 34 9 12 35 24 12 0 41 12 54 199 20 0 31 38 4 7 17 10 3 1 27 7 34 110 14 0 9 39 13 9 25 20 4 0 113 5 76 265 28 0 56 40 64 85 657 82 32 13 1,119 39 721 2,812 325 0 355 41 13 12 17 14 5 0 31 6 41 139 19 1 21 42 6 12 39 5 0 1 164 3 67 297 25 0 58 43 13 6 25 21 10 1 56 11 114 257 18 0 58 44 20 16 41 35 7 2 56 14 140 331 31 1 47 45 9 8 14 18 5 0 35 5 77 171 20 0 29 46 7 5 7 9 5 0 21 7 42 103 15 1 16 47 12 2 11 19 6 0 20 9 46 125 21 0 13 48 21 24 101 58 24 5 262 32 299 826 61 0 148 49 23 14 186 22 25 1 221 12 105 609 69 1 68 50 7 18 48 19 2 0 108 6 106 314 20 0 39 51 37 39 148 68 31 4 230 29 289 875 111 3 162 52 20 25 45 27 10 5 94 18 157 401 35 1 92 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 3 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Early Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage30 28 22 62 238 26.05% 31 130 56 225 620 36.29% 32 977 165 1,296 2,119 61.16% 33 152 51 243 1,182 20.56% 34 150 38 219 495 44.24% 38 83 32 124 461 26.90% 39 191 46 293 604 48.51% 40 2,529 253 3,137 4,261 73.62% 41 108 30 159 433 36.72% 42 235 29 322 413 77.97% 43 156 61 275 573 47.99% 44 217 99 363 1,016 35.73% 45 113 49 191 578 33.04% 46 67 36 119 366 32.51% 47 84 49 146 455 32.09% 48 627 112 887 1,438 61.68% 49 547 64 679 1,022 66.44% 50 243 52 334 540 61.85% 51 642 185 989 2,147 46.06% 52 268 77 437 885 49.38% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 4 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Pancho VillaEric RodriguezCarolyn VaughnPriscilla GonzalezJoe Michael PerezRoberto SeidnerJoe McCombJohn MedinaPaulette GuajardoCast VotesUndervotesOvervotesAbsentee Voting Ballots Cast53 16 16 41 31 16 0 79 14 136 349 19 2 59 56 17 28 41 31 10 1 84 35 134 381 42 0 54 57 16 18 54 34 12 5 110 16 130 395 44 1 46 58 22 48 80 30 22 1 319 12 246 780 64 0 116 59 16 63 148 29 13 0 303 18 275 865 89 0 130 60 21 20 34 32 13 3 92 19 157 391 53 0 67 61 18 11 31 27 7 0 58 17 113 282 37 0 39 62 18 24 45 32 10 1 65 13 136 344 33 0 36 63 38 79 182 38 15 1 759 20 498 1,630 100 0 265 64 3 21 84 20 4 2 348 5 188 675 33 0 108 65 51 122 271 77 49 8 869 37 488 1,972 245 1 306 66 33 31 107 54 24 2 295 27 258 831 64 1 161 67 52 130 345 107 65 6 774 50 880 2,409 304 1 339 68 34 32 64 31 10 3 135 22 181 512 44 0 94 69 31 32 132 73 22 1 281 45 344 961 82 3 170 70 61 61 143 112 39 2 357 39 424 1,238 138 0 198 71 51 45 79 62 15 4 168 38 233 695 61 0 120 72 26 24 90 60 20 2 234 45 260 761 80 2 146 73 19 25 84 57 14 2 165 40 236 642 70 0 142 74 48 21 63 67 27 0 148 37 283 694 59 1 124 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 5 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Early Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage53 261 50 370 758 48.81% 56 288 81 423 1,150 36.78% 57 335 59 440 806 54.59% 58 633 95 844 1,170 72.14% 59 696 128 954 1,512 63.10% 60 290 87 444 1,052 42.21% 61 207 73 319 819 38.95% 62 267 74 377 906 41.61% 63 1,298 167 1,730 2,331 74.22% 64 555 45 708 868 81.57% 65 1,679 233 2,218 3,167 70.03% 66 630 105 896 1,504 59.57% 67 2,126 249 2,714 4,052 66.98% 68 369 93 556 1,039 53.51% 69 696 180 1,046 1,885 55.49% 70 962 216 1,376 2,709 50.79% 71 501 135 756 1,693 44.65% 72 544 153 843 1,645 51.25% 73 437 133 712 1,437 49.55% 74 514 116 754 1,706 44.20% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 6 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Pancho VillaEric RodriguezCarolyn VaughnPriscilla GonzalezJoe Michael PerezRoberto SeidnerJoe McCombJohn MedinaPaulette GuajardoCast VotesUndervotesOvervotesAbsentee Voting Ballots Cast75 53 32 68 73 21 1 193 37 365 843 80 0 151 76 13 16 35 26 12 1 48 8 98 257 24 1 47 77 10 6 3 11 4 0 21 2 45 102 15 0 24 78 45 21 81 68 26 4 160 31 257 693 80 2 104 79 21 20 64 44 9 0 103 16 151 428 58 1 95 80 31 24 75 77 19 1 148 22 226 623 73 0 78 81 52 82 644 75 56 8 1,175 44 680 2,816 322 0 361 82 14 9 35 17 10 1 58 8 71 223 23 0 28 83 27 26 50 35 11 1 97 21 166 434 36 2 92 84 8 18 58 24 14 0 118 15 127 382 44 1 71 85 8 17 20 23 10 2 23 8 74 185 22 0 33 86 12 23 64 10 7 1 182 10 151 460 33 0 67 87 34 26 125 53 23 3 222 40 243 769 58 0 111 88 35 50 206 70 37 4 466 33 542 1,443 110 1 215 89 6 16 32 37 15 3 93 9 96 307 39 0 41 90 12 25 78 17 16 1 142 16 150 457 46 0 80 91 73 132 289 125 58 9 537 53 489 1,765 339 2 317 92 35 34 147 51 21 2 517 23 352 1,182 101 0 201 93 78 53 175 94 55 8 289 50 498 1,300 107 0 147 94 38 43 153 68 33 6 395 40 358 1,134 95 1 166 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 7 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Early Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage75 607 165 923 2,150 42.93% 76 184 51 282 811 34.77% 77 64 29 117 293 39.93% 78 550 121 775 1,629 47.58% 79 292 100 487 1,127 43.21% 80 499 119 696 1,567 44.42% 81 2,515 262 3,138 4,269 73.51% 82 152 66 246 677 36.34% 83 304 76 472 1,048 45.04% 84 308 48 427 818 52.20% 85 114 60 207 511 40.51% 86 389 37 493 629 78.38% 87 602 114 827 1,426 57.99% 88 1,169 170 1,554 2,320 66.98% 89 243 62 346 691 50.07% 90 356 67 503 850 59.18% 91 1,521 268 2,106 3,712 56.73% 92 970 112 1,283 1,899 67.56% 93 1,030 230 1,407 2,812 50.04% 94 904 160 1,230 2,021 60.86% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 8 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Pancho VillaEric RodriguezCarolyn VaughnPriscilla GonzalezJoe Michael PerezRoberto SeidnerJoe McCombJohn MedinaPaulette GuajardoCast VotesUndervotesOvervotesAbsentee Voting Ballots Cast95 17 16 41 30 15 1 95 28 149 392 26 1 55 96 21 26 47 35 13 0 117 23 151 433 31 1 65 97 25 26 54 39 27 2 114 23 198 508 39 1 91 98 34 32 100 56 23 2 150 31 338 766 78 0 172 99 8 15 35 13 7 0 55 8 75 216 27 2 46 100 19 23 157 37 11 1 165 27 179 619 56 0 90 101 60 42 567 100 55 3 486 36 470 1,819 170 0 233 103 51 46 453 79 63 6 455 39 384 1,576 147 0 107 106 40 37 171 63 31 2 511 36 423 1,314 103 2 269 107 48 52 1,125 65 73 3 722 37 408 2,533 205 0 173 109 12 12 52 21 7 0 97 6 97 304 21 0 51 110 28 28 247 40 15 1 221 17 163 760 97 0 53 111 16 28 183 30 14 2 167 10 126 576 64 0 64 112 30 47 197 60 23 1 566 36 396 1,356 103 0 283 113 15 8 15 18 8 4 48 11 65 192 25 0 37 114 17 5 24 20 13 1 60 12 103 255 29 1 32 115 34 48 145 46 40 3 403 33 346 1,098 125 1 149 116 66 98 351 129 68 11 787 58 915 2,483 240 0 352 117 42 57 347 57 51 5 716 41 603 1,919 195 0 219 118 42 62 185 97 39 3 418 54 508 1,408 108 0 216 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 9 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Early Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage95 296 68 419 813 51.54% 96 326 74 465 908 51.21% 97 367 90 548 1,122 48.84% 98 534 138 844 1,694 49.82% 99 135 64 245 587 41.74% 100 496 89 675 1,247 54.13% 101 1,549 207 1,989 3,214 61.89% 103 1,406 210 1,723 2,549 67.60% 106 965 185 1,419 2,270 62.51% 107 2,300 265 2,738 3,752 72.97% 109 232 42 325 482 67.43% 110 695 109 857 1,453 58.98% 111 489 87 640 1,040 61.54% 112 1,032 144 1,459 2,112 69.08% 113 143 37 217 457 47.48% 114 202 51 285 687 41.48% 115 905 170 1,224 2,005 61.05% 116 2,059 312 2,723 4,255 64.00% 117 1,703 192 2,114 3,266 64.73% 118 1,130 170 1,516 2,588 58.58% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 10 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Pancho VillaEric RodriguezCarolyn VaughnPriscilla GonzalezJoe Michael PerezRoberto SeidnerJoe McCombJohn MedinaPaulette GuajardoCast VotesUndervotesOvervotesAbsentee Voting Ballots Cast119 43 65 245 76 41 1 815 35 550 1,871 132 1 291 120 45 51 236 64 29 5 370 35 357 1,192 114 1 158 121 16 32 123 50 19 3 294 21 292 850 82 0 150 122 54 80 317 79 56 4 826 58 736 2,210 208 0 187 123 30 35 381 46 34 5 400 29 291 1,251 115 0 104 124 50 92 289 92 56 7 648 33 631 1,898 210 1 272 125 83 155 540 141 105 7 1,111 63 1,387 3,592 354 2 413 126 52 89 359 94 64 9 806 50 858 2,381 266 0 193 127 15 32 150 21 22 2 480 13 272 1,007 65 0 69 Totals 3,213 4,330 17,198 5,427 2,793 284 34,118 2,775 33,366 103,504 10,234 59 14,534 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 11 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Early Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage119 1,504 209 2,004 3,093 64.79% 120 947 202 1,307 2,174 60.12% 121 646 136 932 1,509 61.76% 122 1,997 234 2,418 3,670 65.89% 123 1,102 160 1,366 2,043 66.86% 124 1,657 180 2,109 3,145 67.06% 125 3,129 406 3,948 5,720 69.02% 126 2,207 247 2,647 3,643 72.66% 127 937 66 1,072 1,322 81.09% Totals 85,249 14,014 113,797 188,330 60.42% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 12 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Mayor - Vote for None or One Precinct Liz PerezMike PusleyMichael HunterMyron GrossmanLarry WhiteJohn MartinezRicardo HankersonEfrain "Frank" Arriaga, Jr.Richard DiazPatricia Pena-NoyolaBrian RosasDeanna Michelle King1 147 182 245 74 64 138 13 68 19 54 23 73 2 259 438 472 117 121 287 28 145 25 122 56 112 3 450 833 872 119 247 644 70 267 54 227 116 165 4 288 317 340 49 90 361 46 176 32 160 77 96 5 154 416 430 85 130 260 21 121 24 79 46 88 6 322 713 783 119 198 230 51 133 35 134 43 132 7 86 68 59 11 15 99 14 43 13 29 11 18 8 641 951 1,103 119 279 584 81 295 64 265 118 238 9 191 607 332 60 114 193 21 92 28 99 30 60 15 51 48 56 6 11 49 9 23 7 22 11 9 16 4 12 11 1 4 7 0 1 0 2 0 2 17 355 419 513 78 134 407 70 188 50 151 58 134 18 290 447 531 82 149 160 54 107 23 125 45 140 19 6 22 30 11 6 6 2 3 0 8 2 10 20 421 393 450 57 87 503 48 232 50 205 84 104 21 33 78 81 12 31 32 3 13 6 8 15 19 23 17 74 33 2 8 17 0 6 1 7 2 6 24 89 63 46 8 13 84 10 42 11 47 12 15 26 473 1,110 1,255 147 300 795 68 323 52 238 129 230 29 396 747 800 102 220 518 47 243 39 190 96 160 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 13 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct John GarciaCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage1 38 1,138 1,253 0 173 535 89 797 1,416 56.29% 2 53 2,235 2,547 0 244 1,131 219 1,594 2,614 60.98% 3 142 4,206 3,792 1 313 2,144 210 2,667 3,595 74.19% 4 111 2,143 2,198 0 280 974 193 1,447 2,486 58.21% 5 62 1,916 1,501 0 168 863 108 1,139 1,558 73.11% 6 57 2,950 3,617 0 201 1,732 256 2,189 3,598 60.84% 7 16 482 562 0 53 211 84 348 760 45.79% 8 162 4,900 5,270 0 320 2,696 374 3,390 4,973 68.17% 9 51 1,878 1,926 1 137 978 154 1,269 1,940 65.41% 15 13 315 381 0 17 155 60 232 492 47.15% 16 0 44 55 0 0 29 4 33 41 80.49% 17 123 2,680 2,843 3 276 1,300 268 1,844 3,085 59.77% 18 48 2,201 2,992 0 224 1,260 247 1,731 3,240 53.43% 19 1 107 151 0 23 55 8 86 125 68.80% 20 126 2,760 2,832 0 199 1,358 307 1,864 3,059 60.93% 21 13 344 436 0 65 166 29 260 434 59.91% 23 6 179 235 0 11 116 11 138 180 76.67% 24 26 466 620 1 61 243 59 363 870 41.72% 26 133 5,253 4,704 0 356 2,710 253 3,319 4,467 74.30% 29 113 3,671 3,409 0 223 1,895 242 2,360 3,262 72.35% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 14 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct Liz PerezMike PusleyMichael HunterMyron GrossmanLarry WhiteJohn MartinezRicardo HankersonEfrain "Frank" Arriaga, Jr.Richard DiazPatricia Pena-NoyolaBrian RosasDeanna Michelle King30 9 11 8 2 1 10 4 5 1 5 1 6 31 51 43 41 12 9 55 5 39 5 27 6 13 32 248 350 397 66 89 260 33 130 20 86 42 84 33 44 46 53 5 11 48 10 31 9 19 8 13 34 38 66 39 10 8 53 4 26 6 25 10 10 38 22 22 17 0 6 21 6 18 3 16 2 13 39 53 91 87 32 26 53 9 28 2 28 16 18 40 347 1,387 1,501 170 242 272 40 305 36 456 53 159 41 36 20 15 4 10 36 1 25 8 11 6 7 42 40 101 158 35 24 78 6 18 2 27 17 23 43 72 40 45 5 19 53 4 37 8 40 14 11 44 88 65 52 7 8 94 3 53 10 39 7 17 45 47 29 24 3 11 47 6 30 4 8 8 7 46 27 18 16 5 5 17 5 15 1 12 4 8 47 30 18 17 4 5 35 1 21 6 15 5 2 48 197 224 225 25 70 213 24 96 17 90 57 53 49 77 347 204 25 63 87 7 42 9 35 21 29 50 62 78 95 16 34 88 9 46 6 33 26 21 51 190 290 192 24 62 175 21 92 15 79 20 63 52 106 80 70 8 13 108 17 63 16 50 26 30 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 15 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct John GarciaCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage30 1 64 122 0 12 28 22 62 238 26.05% 31 13 319 356 0 39 130 56 225 620 36.29% 32 58 1,863 2,025 0 154 977 165 1,296 2,119 61.16% 33 18 315 414 0 40 152 51 243 1,182 20.56% 34 18 313 344 0 31 150 38 219 495 44.24% 38 3 149 223 0 9 83 32 124 461 26.90% 39 13 456 423 0 56 191 46 293 604 48.51% 40 45 5,013 4,398 0 355 2,529 253 3,137 4,261 73.62% 41 6 185 292 0 21 108 30 159 433 36.72% 42 10 539 427 0 58 235 29 322 413 77.97% 43 25 373 452 0 58 156 61 275 573 47.99% 44 29 472 617 0 47 217 99 363 1,016 35.73% 45 22 246 327 0 29 113 49 191 578 33.04% 46 6 139 218 0 16 67 36 119 366 32.51% 47 12 171 267 0 13 84 49 146 455 32.09% 48 58 1,349 1,312 0 148 627 112 887 1,438 61.68% 49 26 972 1,065 0 68 547 64 679 1,022 66.44% 50 20 534 468 0 39 243 52 334 540 61.85% 51 55 1,278 1,686 1 162 642 185 989 2,147 46.06% 52 43 630 681 0 92 268 77 437 885 49.38% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 16 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct Liz PerezMike PusleyMichael HunterMyron GrossmanLarry WhiteJohn MartinezRicardo HankersonEfrain "Frank" Arriaga, Jr.Richard DiazPatricia Pena-NoyolaBrian RosasDeanna Michelle King53 96 59 57 10 19 97 7 49 12 49 21 23 56 85 67 77 9 17 120 9 48 13 40 10 15 57 94 85 101 18 26 110 11 63 6 32 20 28 58 134 257 297 68 81 184 11 104 16 67 44 84 59 182 254 293 56 86 167 10 127 23 77 64 77 60 87 57 50 7 14 117 16 89 21 48 10 13 61 54 49 44 9 14 64 16 51 11 30 10 24 62 88 55 81 10 12 88 7 65 11 39 15 17 63 243 668 713 188 147 424 30 134 21 123 46 130 64 61 306 380 81 95 213 5 58 8 39 19 53 65 310 721 923 216 212 521 48 149 33 159 61 181 66 164 231 246 43 82 191 18 116 20 78 33 71 67 471 737 868 119 236 534 60 261 52 220 86 185 68 116 105 130 15 37 134 14 68 16 55 30 35 69 244 221 221 38 62 258 24 129 24 115 44 58 70 289 286 297 30 104 307 46 133 31 145 41 90 71 168 123 137 18 35 204 21 110 27 106 52 48 72 189 171 191 27 54 213 22 98 32 92 40 43 73 175 106 109 12 32 165 13 89 28 100 48 40 74 186 109 124 13 28 222 18 93 20 107 38 28 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 17 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct John GarciaCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage53 21 520 590 0 59 261 50 370 758 48.81% 56 27 537 732 0 54 288 81 423 1,150 36.78% 57 23 617 703 0 46 335 59 440 806 54.59% 58 31 1,378 1,154 0 116 633 95 844 1,170 72.14% 59 35 1,451 1,408 1 130 696 128 954 1,512 63.10% 60 30 559 773 0 67 290 87 444 1,052 42.21% 61 23 399 558 0 39 207 73 319 819 38.95% 62 26 514 617 0 36 267 74 377 906 41.61% 63 76 2,943 2,247 0 265 1,298 167 1,730 2,331 74.22% 64 18 1,336 788 0 108 555 45 708 868 81.57% 65 73 3,607 3,047 0 306 1,679 233 2,218 3,167 70.03% 66 54 1,347 1,341 0 161 630 105 896 1,504 59.57% 67 121 3,950 4,189 1 339 2,126 249 2,714 4,052 66.98% 68 36 791 877 0 94 369 93 556 1,039 53.51% 69 76 1,514 1,621 1 170 696 180 1,046 1,885 55.49% 70 99 1,898 2,227 1 198 962 216 1,376 2,709 50.79% 71 64 1,113 1,155 0 120 501 135 756 1,693 44.65% 72 59 1,231 1,298 0 146 544 153 843 1,645 51.25% 73 47 964 1,172 0 142 437 133 712 1,437 49.55% 74 51 1,037 1,225 0 124 514 116 754 1,706 44.20% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 18 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct Liz PerezMike PusleyMichael HunterMyron GrossmanLarry WhiteJohn MartinezRicardo HankersonEfrain "Frank" Arriaga, Jr.Richard DiazPatricia Pena-NoyolaBrian RosasDeanna Michelle King75 238 120 127 13 29 257 18 111 29 112 49 47 76 56 36 42 8 8 72 6 30 6 39 15 8 77 30 8 15 1 3 33 3 19 5 10 4 3 78 174 127 110 15 21 156 27 104 10 108 30 43 79 94 89 73 8 20 98 15 54 13 55 19 27 80 163 103 116 17 26 163 13 106 19 101 16 40 81 382 1,349 1,400 170 229 276 38 333 25 441 52 179 82 53 56 45 6 23 42 7 29 5 25 4 12 83 109 62 70 9 12 108 7 55 19 53 33 26 84 84 101 105 13 23 86 7 39 11 35 15 29 85 64 17 24 6 4 61 7 44 4 25 6 8 86 79 165 182 62 48 91 12 48 5 36 16 30 87 170 216 176 26 55 195 13 107 25 94 32 45 88 278 431 478 52 131 356 32 179 34 135 70 104 89 69 72 87 10 26 70 7 37 5 35 9 24 90 91 109 127 17 35 99 9 40 18 41 15 31 91 414 487 606 94 209 314 58 163 42 209 64 196 92 208 400 430 135 123 229 30 111 22 98 42 86 93 332 272 298 32 68 367 44 207 39 148 59 64 94 219 326 326 56 111 285 31 133 38 103 49 88 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 19 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct John GarciaCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage75 80 1,230 1,539 0 151 607 165 923 2,150 42.93% 76 22 348 498 0 47 184 51 282 811 34.77% 77 14 148 203 0 24 64 29 117 293 39.93% 78 40 965 1,357 1 104 550 121 775 1,629 47.58% 79 38 603 858 0 95 292 100 487 1,127 43.21% 80 32 915 1,173 0 78 499 119 696 1,567 44.42% 81 62 4,936 4,478 0 361 2,515 262 3,138 4,269 73.51% 82 18 325 413 0 28 152 66 246 677 36.34% 83 42 605 811 0 92 304 76 472 1,048 45.04% 84 24 572 709 0 71 308 48 427 818 52.20% 85 19 289 332 0 33 114 60 207 511 40.51% 86 25 799 680 0 67 389 37 493 629 78.38% 87 65 1,219 1,262 0 111 602 114 827 1,426 57.99% 88 97 2,377 2,285 0 215 1,169 170 1,554 2,320 66.98% 89 11 462 576 0 41 243 62 346 691 50.07% 90 24 656 853 0 80 356 67 503 850 59.18% 91 79 2,935 3,383 0 317 1,521 268 2,106 3,712 56.73% 92 40 1,954 1,895 0 201 970 112 1,283 1,899 67.56% 93 83 2,013 2,208 0 147 1,030 230 1,407 2,812 50.04% 94 71 1,836 1,845 3 166 904 160 1,230 2,021 60.86% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 20 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct Liz PerezMike PusleyMichael HunterMyron GrossmanLarry WhiteJohn MartinezRicardo HankersonEfrain "Frank" Arriaga, Jr.Richard DiazPatricia Pena-NoyolaBrian RosasDeanna Michelle King95 95 83 72 16 27 115 10 62 25 46 16 18 96 111 88 90 6 21 117 6 74 11 48 23 32 97 118 88 102 12 20 149 9 73 16 56 49 18 98 191 116 127 22 27 211 31 97 20 129 48 39 99 56 48 56 9 6 56 4 37 6 20 7 14 100 122 268 128 15 59 114 14 71 14 55 19 26 101 270 956 427 61 170 284 42 172 31 138 53 89 103 253 792 374 62 147 252 39 158 38 122 45 113 106 254 409 414 61 139 372 39 138 31 144 47 86 107 316 1,559 812 110 265 324 33 145 37 120 60 122 109 55 85 96 29 25 85 8 27 3 24 14 16 110 132 410 187 30 74 122 12 64 16 59 24 37 111 79 310 144 16 48 109 13 45 5 35 19 34 112 245 425 469 85 171 363 46 128 31 162 66 86 113 44 33 35 9 10 36 6 23 7 30 8 17 114 73 53 69 3 11 59 6 32 6 40 7 22 115 196 321 394 78 101 239 40 125 27 100 41 79 116 505 736 760 104 225 571 55 305 60 228 136 197 117 297 739 807 113 224 222 44 114 34 142 51 147 118 340 304 381 43 103 394 50 167 42 167 75 101 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 21 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct John GarciaCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage95 35 620 637 0 55 296 68 419 813 51.54% 96 27 654 741 0 65 326 74 465 908 51.21% 97 47 757 887 0 91 367 90 548 1,122 48.84% 98 68 1,126 1,406 0 172 534 138 844 1,694 49.82% 99 22 341 394 0 46 135 64 245 587 41.74% 100 32 937 1,085 1 90 496 89 675 1,247 54.13% 101 86 2,779 3,188 0 233 1,549 207 1,989 3,214 61.89% 103 77 2,472 2,697 0 107 1,406 210 1,723 2,549 67.60% 106 66 2,200 2,057 0 269 965 185 1,419 2,270 62.51% 107 88 3,991 4,223 0 173 2,300 265 2,738 3,752 72.97% 109 15 482 493 0 51 232 42 325 482 67.43% 110 32 1,199 1,372 0 53 695 109 857 1,453 58.98% 111 23 880 1,040 0 64 489 87 640 1,040 61.54% 112 104 2,381 1,996 0 283 1,032 144 1,459 2,112 69.08% 113 20 278 373 0 37 143 37 217 457 47.48% 114 12 393 462 0 32 202 51 285 687 41.48% 115 43 1,784 1,888 0 149 905 170 1,224 2,005 61.05% 116 154 4,036 4,133 0 352 2,059 312 2,723 4,255 64.00% 117 59 2,993 3,346 1 219 1,703 192 2,114 3,266 64.73% 118 94 2,261 2,284 1 216 1,130 170 1,516 2,588 58.58% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 22 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct Liz PerezMike PusleyMichael HunterMyron GrossmanLarry WhiteJohn MartinezRicardo HankersonEfrain "Frank" Arriaga, Jr.Richard DiazPatricia Pena-NoyolaBrian RosasDeanna Michelle King119 283 697 800 127 206 463 50 176 35 144 64 125 120 245 358 422 63 121 223 23 98 35 89 41 96 121 199 212 243 36 74 218 28 105 21 69 32 69 122 332 816 986 139 219 325 54 173 28 153 57 159 123 195 721 316 36 124 185 17 122 19 91 25 88 124 371 591 671 82 173 439 45 196 28 159 67 138 125 730 1,085 1,330 134 345 758 85 425 87 321 166 293 126 440 765 947 78 224 463 86 267 38 193 84 174 127 118 467 487 56 114 280 14 91 13 47 41 38 Totals 19,865 34,012 34,020 5,089 9,007 22,416 2,570 11,334 2,280 10,028 4,039 7,204 Nueces County, Texas Nueces County, General Election 11/3/2020 Page 23 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct John GarciaCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage119 88 3,258 2,754 0 291 1,504 209 2,004 3,093 64.79% 120 48 1,862 2,059 0 158 947 202 1,307 2,174 60.12% 121 55 1,361 1,435 0 150 646 136 932 1,509 61.76% 122 74 3,515 3,739 0 187 1,997 234 2,418 3,670 65.89% 123 49 1,988 2,110 0 104 1,102 160 1,366 2,043 66.86% 124 97 3,057 3,267 1 272 1,657 180 2,109 3,145 67.06% 125 182 5,941 5,903 0 413 3,129 406 3,948 5,720 69.02% 126 107 3,866 4,075 0 193 2,207 247 2,647 3,643 72.66% 127 37 1,803 1,413 0 69 937 66 1,072 1,322 81.09% Totals 5,492 167,356 173,978 19 14,534 85,249 14,014 113,797 188,330 60.42% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 24 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member At-Large - Vote for None, One, Two or Three Precinct Rachel Ann CaballeroEli McKayNeely BalkoBilly LermaCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage1 213 133 62 87 495 301 1 173 535 89 797 1,416 56.29% 7 168 28 11 67 274 74 0 53 211 84 348 760 45.79% 9 333 120 289 202 944 325 0 137 978 154 1,269 1,940 65.41% 21 48 43 18 44 153 107 0 65 166 29 260 434 59.91% 23 22 9 58 9 98 40 0 11 116 11 138 180 76.67% 30 18 7 3 10 38 24 0 12 28 22 62 238 26.05% 31 45 5 1 18 69 22 0 15 50 26 91 235 38.72% 33 105 29 14 35 183 59 1 40 152 51 243 1,182 20.56% 38 37 8 13 25 83 41 0 9 83 32 124 461 26.90% 41 65 13 6 25 109 50 0 21 108 30 159 433 36.72% 44 186 20 9 74 289 74 0 47 217 99 363 1,016 35.73% 45 99 9 8 24 140 51 0 29 113 49 191 578 33.04% 46 54 7 6 19 86 33 0 16 67 36 119 366 32.51% 47 50 10 12 27 99 47 0 13 84 49 146 455 32.09% 49 134 82 119 161 496 183 0 68 547 64 679 1,022 66.44% 51 382 102 67 130 681 308 0 162 642 185 989 2,147 46.06% 52 200 38 12 83 333 104 0 92 268 77 437 885 49.38% 76 131 15 9 41 196 85 1 47 184 51 282 811 34.77% 79 205 46 24 63 338 149 0 95 292 100 487 1,127 43.21% 82 99 29 12 41 181 65 0 28 152 66 246 677 36.34% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 25 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member Single-Member District 1 - Vote for None or One Precinct Rachel Ann CaballeroEli McKayNeely BalkoBilly LermaCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage99 92 25 10 46 173 72 0 46 135 64 245 587 41.74% 100 200 62 67 200 529 146 0 90 496 89 675 1,247 54.13% 101 525 180 297 502 1,504 485 0 233 1,549 207 1,989 3,214 61.89% 103 413 177 242 478 1,310 413 0 107 1,406 210 1,723 2,549 67.60% 107 482 249 1,014 333 2,078 660 0 173 2,300 265 2,738 3,752 72.97% 110 230 95 133 149 607 250 0 53 695 109 857 1,453 58.98% 111 165 54 83 144 446 194 0 64 489 87 640 1,040 61.54% 123 349 153 307 210 1,019 347 0 104 1,102 160 1,366 2,043 66.86% Totals 5,050 1,748 2,906 3,247 12,951 4,709 3 2,003 13,165 2,495 17,663 32,248 54.77% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 26 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member Single-Member District 1 - Vote for None or One Precinct Ben MolinaSylvia CamposCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage5 313 144 457 117 0 73 434 67 574 807 71.13% 31 50 66 116 18 0 24 80 30 134 385 34.81% 39 127 96 223 70 0 56 191 46 293 604 48.51% 43 102 129 231 44 0 58 156 61 275 573 47.99% 48 406 314 720 167 0 148 627 112 887 1,438 61.68% 50 166 125 291 43 0 39 243 52 334 540 61.85% 53 131 182 313 57 0 59 261 50 370 758 48.81% 56 160 175 335 88 0 54 288 81 423 1,150 36.78% 57 190 169 359 81 0 46 335 59 440 806 54.59% 58 410 268 678 166 0 116 633 95 844 1,170 72.14% 59 463 326 789 165 0 130 696 128 954 1,512 63.10% 61 111 130 241 77 1 39 207 73 319 819 38.95% 62 156 155 311 66 0 36 267 74 377 906 41.61% 66 377 331 708 188 0 161 630 105 896 1,504 59.57% 68 219 238 457 99 0 94 369 93 556 1,039 53.51% 69 419 421 840 206 0 170 696 180 1,046 1,885 55.49% 72 333 340 673 170 0 146 544 153 843 1,645 51.25% 73 246 334 580 132 0 142 437 133 712 1,437 49.55% 75 325 463 788 135 0 151 607 165 923 2,150 42.93% 77 37 54 91 26 0 24 64 29 117 293 39.93% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 27 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member Single-Member District 2 - Vote for None or One Precinct Ben MolinaSylvia CamposCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage83 206 187 393 79 0 92 304 76 472 1,048 45.04% 84 183 134 317 110 0 71 308 48 427 818 52.20% 85 68 101 169 38 0 33 114 60 207 511 40.51% 86 264 118 382 111 0 67 389 37 493 629 78.38% 87 315 386 701 126 0 111 602 114 827 1,426 57.99% 89 139 123 262 84 0 41 243 62 346 691 50.07% 94 522 454 976 254 0 166 904 160 1,230 2,021 60.86% 96 198 187 385 80 0 65 326 74 465 908 51.21% 97 221 239 460 88 0 91 367 90 548 1,122 48.84% 109 148 117 265 60 0 51 232 42 325 482 67.43% Totals 7,005 6,506 13,511 3,145 1 2,554 11,554 2,549 16,657 31,077 53.60% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 28 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member Single-Member District 2 - Vote for None or One Precinct Herbert RubioRoland BarreraCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage4 386 746 1,132 315 0 280 974 193 1,447 2,486 58.21% 15 70 109 179 53 0 17 155 60 232 492 47.15% 16 8 11 19 14 0 0 29 4 33 41 80.49% 20 503 1,038 1,541 323 0 199 1,358 307 1,864 3,059 60.93% 24 101 171 272 91 0 61 243 59 363 870 41.72% 34 55 120 175 44 0 31 150 38 219 495 44.24% 60 95 252 347 97 0 67 290 87 444 1,052 42.21% 70 348 653 1,001 375 0 198 962 216 1,376 2,709 50.79% 71 238 386 624 132 0 120 501 135 756 1,693 44.65% 74 187 437 624 130 0 124 514 116 754 1,706 44.20% 78 182 431 613 162 0 104 550 121 775 1,629 47.58% 80 150 396 546 150 0 78 499 119 696 1,567 44.42% 93 445 727 1,172 235 0 147 1,030 230 1,407 2,812 50.04% 95 103 231 334 85 0 55 296 68 419 813 51.54% 98 222 469 691 153 0 172 534 138 844 1,694 49.82% 106 361 735 1,096 323 0 269 965 185 1,419 2,270 62.51% 112 376 751 1,127 332 0 283 1,032 144 1,459 2,112 69.08% 113 60 107 167 50 0 37 143 37 217 457 47.48% 114 71 162 233 52 0 32 202 51 285 687 41.48% 118 396 821 1,217 299 0 216 1,130 170 1,516 2,588 58.58% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 29 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member Single-Member District 3 - Vote for None or One Precinct Herbert RubioRoland BarreraCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage121 259 447 706 226 0 150 646 136 932 1,509 61.76% Totals 4,616 9,200 13,816 3,641 0 2,640 12,203 2,614 17,457 32,741 53.32% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 30 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member Single-Member District 3 - Vote for None or One Precinct Kaylynn PaxsonJim KleinGreg SmithDan GrimsboCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage2 384 348 272 126 1,130 464 0 244 1,131 219 1,594 2,614 60.98% 5 97 162 156 20 435 130 0 95 429 41 565 751 75.23% 6 483 392 560 142 1,577 612 0 201 1,732 256 2,189 3,598 60.84% 8 824 740 596 291 2,451 939 0 320 2,696 374 3,390 4,973 68.17% 18 464 309 352 122 1,247 484 0 224 1,260 247 1,731 3,240 53.43% 19 14 12 22 2 50 36 0 23 55 8 86 125 68.80% 40 864 317 806 381 2,368 769 0 355 2,529 253 3,137 4,261 73.62% 42 41 88 87 15 231 91 0 58 235 29 322 413 77.97% 63 290 459 473 76 1,298 432 0 265 1,298 167 1,730 2,331 74.22% 64 89 154 261 30 534 174 0 108 555 45 708 868 81.57% 65 424 480 530 148 1,582 635 1 306 1,679 233 2,218 3,167 70.03% 81 880 388 842 291 2,401 737 0 361 2,515 262 3,138 4,269 73.51% 90 123 107 82 27 339 164 0 80 356 67 503 850 59.18% 91 539 374 362 137 1,412 694 0 317 1,521 268 2,106 3,712 56.73% 92 265 274 272 118 929 354 0 201 970 112 1,283 1,899 67.56% 117 464 404 589 155 1,612 502 0 219 1,703 192 2,114 3,266 64.73% 120 336 287 280 61 964 343 0 158 947 202 1,307 2,174 60.12% 122 509 486 613 171 1,779 639 0 187 1,997 234 2,418 3,670 65.89% Totals 7,090 5,781 7,155 2,313 22,339 8,199 1 3,722 23,608 3,209 30,539 46,181 66.13% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 31 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member Single-Member District 4 - Vote for None or One Precinct John R. LuisGil HernandezCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage3 681 1,394 2,075 592 0 313 2,144 210 2,667 3,595 74.19% 17 531 838 1,369 475 0 276 1,300 268 1,844 3,085 59.77% 26 1,006 1,492 2,498 821 0 356 2,710 253 3,319 4,467 74.30% 29 718 1,087 1,805 555 0 223 1,895 242 2,360 3,262 72.35% 32 367 564 931 365 0 154 977 165 1,296 2,119 61.16% 67 804 1,099 1,903 811 0 339 2,126 249 2,714 4,052 66.98% 88 471 721 1,192 362 0 215 1,169 170 1,554 2,320 66.98% 115 345 560 905 319 0 149 905 170 1,224 2,005 61.05% 116 783 1,236 2,019 704 0 352 2,059 312 2,723 4,255 64.00% 119 590 900 1,490 514 0 291 1,504 209 2,004 3,093 64.79% 124 617 911 1,528 580 1 272 1,657 180 2,109 3,145 67.06% 125 1,245 1,721 2,966 982 0 413 3,129 406 3,948 5,720 69.02% 126 835 1,049 1,884 763 0 193 2,207 247 2,647 3,643 72.66% 127 351 459 810 262 0 69 937 66 1,072 1,322 81.09% Totals 9,344 14,031 23,375 8,105 1 3,615 24,719 3,147 31,481 46,083 68.31% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 32 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Council Member Single-Member District 5 - Vote for None or One Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage1 574 117 691 106 0 173 535 89 797 1,416 56.29% 2 1,109 331 1,440 154 0 244 1,131 219 1,594 2,614 60.98% 3 1,752 694 2,446 221 0 313 2,144 210 2,667 3,595 74.19% 4 988 328 1,316 131 0 280 974 193 1,447 2,486 58.21% 5 788 266 1,054 85 0 168 863 108 1,139 1,558 73.11% 6 1,288 645 1,933 256 0 201 1,732 256 2,189 3,598 60.84% 7 235 77 312 36 0 53 211 84 348 760 45.79% 8 2,183 903 3,086 304 0 320 2,696 374 3,390 4,973 68.17% 9 839 308 1,147 122 0 137 978 154 1,269 1,940 65.41% 15 157 54 211 21 0 17 155 60 232 492 47.15% 16 25 7 32 1 0 0 29 4 33 41 80.49% 17 1,237 435 1,672 172 0 276 1,300 268 1,844 3,085 59.77% 18 1,087 450 1,537 194 0 224 1,260 247 1,731 3,240 53.43% 19 40 31 71 15 0 23 55 8 86 125 68.80% 20 1,247 462 1,709 155 0 199 1,358 307 1,864 3,059 60.93% 21 154 70 224 36 0 65 166 29 260 434 59.91% 23 80 37 117 21 0 11 116 11 138 180 76.67% 24 236 66 302 61 0 61 243 59 363 870 41.72% 26 2,183 862 3,045 274 0 356 2,710 253 3,319 4,467 74.30% 29 1,555 619 2,174 186 0 223 1,895 242 2,360 3,262 72.35% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 33 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition A (Streets) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage30 37 8 45 17 0 12 28 22 62 238 26.05% 31 162 41 203 22 0 39 130 56 225 620 36.29% 32 888 279 1,167 129 0 154 977 165 1,296 2,119 61.16% 33 180 43 223 20 0 40 152 51 243 1,182 20.56% 34 158 41 199 20 0 31 150 38 219 495 44.24% 38 73 29 102 22 0 9 83 32 124 461 26.90% 39 215 47 262 31 0 56 191 46 293 604 48.51% 40 1,873 960 2,833 303 1 355 2,529 253 3,137 4,261 73.62% 41 105 32 137 22 0 21 108 30 159 433 36.72% 42 245 58 303 19 0 58 235 29 322 413 77.97% 43 182 56 238 37 0 58 156 61 275 573 47.99% 44 251 72 323 40 0 47 217 99 363 1,016 35.73% 45 126 34 160 31 0 29 113 49 191 578 33.04% 46 85 15 100 19 0 16 67 36 119 366 32.51% 47 110 18 128 18 0 13 84 49 146 455 32.09% 48 600 213 813 74 0 148 627 112 887 1,438 61.68% 49 418 190 608 71 0 68 547 64 679 1,022 66.44% 50 258 58 316 18 0 39 243 52 334 540 61.85% 51 629 214 843 146 0 162 642 185 989 2,147 46.06% 52 320 72 392 45 0 92 268 77 437 885 49.38% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 34 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition A (Streets) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage53 241 101 342 28 0 59 261 50 370 758 48.81% 56 288 81 369 54 0 54 288 81 423 1,150 36.78% 57 311 90 401 39 0 46 335 59 440 806 54.59% 58 603 176 779 65 0 116 633 95 844 1,170 72.14% 59 712 165 877 76 1 130 696 128 954 1,512 63.10% 60 306 82 388 56 0 67 290 87 444 1,052 42.21% 61 214 57 271 48 0 39 207 73 319 819 38.95% 62 255 72 327 50 0 36 267 74 377 906 41.61% 63 1,297 337 1,634 96 0 265 1,298 167 1,730 2,331 74.22% 64 532 141 673 35 0 108 555 45 708 868 81.57% 65 1,482 499 1,981 237 0 306 1,679 233 2,218 3,167 70.03% 66 625 183 808 88 0 161 630 105 896 1,504 59.57% 67 1,800 635 2,435 278 1 339 2,126 249 2,714 4,052 66.98% 68 399 111 510 46 0 94 369 93 556 1,039 53.51% 69 730 213 943 103 0 170 696 180 1,046 1,885 55.49% 70 945 288 1,233 143 0 198 962 216 1,376 2,709 50.79% 71 495 168 663 92 1 120 501 135 756 1,693 44.65% 72 549 203 752 91 0 146 544 153 843 1,645 51.25% 73 481 149 630 82 0 142 437 133 712 1,437 49.55% 74 513 159 672 82 0 124 514 116 754 1,706 44.20% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 35 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition A (Streets) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage75 638 165 803 120 0 151 607 165 923 2,150 42.93% 76 189 49 238 44 0 47 184 51 282 811 34.77% 77 74 29 103 14 0 24 64 29 117 293 39.93% 78 478 189 667 108 0 104 550 121 775 1,629 47.58% 79 347 84 431 56 0 95 292 100 487 1,127 43.21% 80 473 134 607 89 0 78 499 119 696 1,567 44.42% 81 1,897 912 2,809 329 0 361 2,515 262 3,138 4,269 73.51% 82 158 62 220 26 0 28 152 66 246 677 36.34% 83 314 106 420 52 0 92 304 76 472 1,048 45.04% 84 280 101 381 46 0 71 308 48 427 818 52.20% 85 161 29 190 17 0 33 114 60 207 511 40.51% 86 363 95 458 35 0 67 389 37 493 629 78.38% 87 574 169 743 84 0 111 602 114 827 1,426 57.99% 88 1,029 392 1,421 133 0 215 1,169 170 1,554 2,320 66.98% 89 224 76 300 46 0 41 243 62 346 691 50.07% 90 332 117 449 54 0 80 356 67 503 850 59.18% 91 1,465 392 1,857 249 0 317 1,521 268 2,106 3,712 56.73% 92 884 284 1,168 115 0 201 970 112 1,283 1,899 67.56% 93 996 296 1,292 115 0 147 1,030 230 1,407 2,812 50.04% 94 826 289 1,115 115 0 166 904 160 1,230 2,021 60.86% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 36 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition A (Streets) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage95 283 95 378 41 0 55 296 68 419 813 51.54% 96 324 91 415 50 0 65 326 74 465 908 51.21% 97 380 116 496 52 0 91 367 90 548 1,122 48.84% 98 567 172 739 105 0 172 534 138 844 1,694 49.82% 99 149 58 207 38 0 46 135 64 245 587 41.74% 100 423 187 610 65 0 90 496 89 675 1,247 54.13% 101 1,259 512 1,771 218 0 233 1,549 207 1,989 3,214 61.89% 103 1,146 436 1,582 141 0 107 1,406 210 1,723 2,549 67.60% 106 937 354 1,291 128 0 269 965 185 1,419 2,270 62.51% 107 1,763 724 2,487 251 0 173 2,300 265 2,738 3,752 72.97% 109 208 92 300 25 0 51 232 42 325 482 67.43% 110 558 204 762 95 0 53 695 109 857 1,453 58.98% 111 410 145 555 85 0 64 489 87 640 1,040 61.54% 112 981 363 1,344 115 0 283 1,032 144 1,459 2,112 69.08% 113 149 39 188 29 0 37 143 37 217 457 47.48% 114 207 48 255 30 0 32 202 51 285 687 41.48% 115 819 293 1,112 112 0 149 905 170 1,224 2,005 61.05% 116 1,742 733 2,475 248 0 352 2,059 312 2,723 4,255 64.00% 117 1,271 643 1,914 200 0 219 1,703 192 2,114 3,266 64.73% 118 1,032 362 1,394 122 0 216 1,130 170 1,516 2,588 58.58% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 37 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition A (Streets) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage119 1,406 460 1,866 138 0 291 1,504 209 2,004 3,093 64.79% 120 857 311 1,168 139 0 158 947 202 1,307 2,174 60.12% 121 620 208 828 104 0 150 646 136 932 1,509 61.76% 122 1,527 686 2,213 205 0 187 1,997 234 2,418 3,670 65.89% 123 918 322 1,240 126 0 104 1,102 160 1,366 2,043 66.86% 124 1,389 491 1,880 229 0 272 1,657 180 2,109 3,145 67.06% 125 2,515 1,071 3,586 361 1 413 3,129 406 3,948 5,720 69.02% 126 1,754 679 2,433 214 0 193 2,207 247 2,647 3,643 72.66% 127 639 363 1,002 70 0 69 937 66 1,072 1,322 81.09% Totals 75,385 27,380 102,765 11,027 5 14,534 85,249 14,014 113,797 188,330 60.42% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 38 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition A (Streets) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage1 547 144 691 106 0 173 535 89 797 1,416 56.29% 2 998 446 1,444 150 0 244 1,131 219 1,594 2,614 60.98% 3 1,706 750 2,456 211 0 313 2,144 210 2,667 3,595 74.19% 4 934 372 1,306 141 0 280 974 193 1,447 2,486 58.21% 5 748 314 1,062 77 0 168 863 108 1,139 1,558 73.11% 6 1,262 682 1,944 245 0 201 1,732 256 2,189 3,598 60.84% 7 230 83 313 35 0 53 211 84 348 760 45.79% 8 2,178 921 3,099 291 0 320 2,696 374 3,390 4,973 68.17% 9 757 382 1,139 130 0 137 978 154 1,269 1,940 65.41% 15 146 66 212 20 0 17 155 60 232 492 47.15% 16 24 8 32 1 0 0 29 4 33 41 80.49% 17 1,165 497 1,662 182 0 276 1,300 268 1,844 3,085 59.77% 18 1,072 463 1,535 196 0 224 1,260 247 1,731 3,240 53.43% 19 40 30 70 16 0 23 55 8 86 125 68.80% 20 1,179 524 1,703 161 0 199 1,358 307 1,864 3,059 60.93% 21 182 44 226 34 0 65 166 29 260 434 59.91% 23 75 43 118 20 0 11 116 11 138 180 76.67% 24 221 80 301 62 0 61 243 59 363 870 41.72% 26 2,062 991 3,053 266 0 356 2,710 253 3,319 4,467 74.30% 29 1,483 694 2,177 183 0 223 1,895 242 2,360 3,262 72.35% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 39 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition B (Parks and Recreation) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage30 35 8 43 19 0 12 28 22 62 238 26.05% 31 144 50 194 31 0 39 130 56 225 620 36.29% 32 849 303 1,152 144 0 154 977 165 1,296 2,119 61.16% 33 154 64 218 25 0 40 152 51 243 1,182 20.56% 34 161 38 199 20 0 31 150 38 219 495 44.24% 38 75 25 100 24 0 9 83 32 124 461 26.90% 39 206 55 261 32 0 56 191 46 293 604 48.51% 40 1,729 1,098 2,827 309 1 355 2,529 253 3,137 4,261 73.62% 41 105 31 136 23 0 21 108 30 159 433 36.72% 42 235 62 297 25 0 58 235 29 322 413 77.97% 43 169 72 241 34 0 58 156 61 275 573 47.99% 44 234 86 320 43 0 47 217 99 363 1,016 35.73% 45 117 40 157 34 0 29 113 49 191 578 33.04% 46 82 21 103 16 0 16 67 36 119 366 32.51% 47 110 19 129 17 0 13 84 49 146 455 32.09% 48 545 263 808 79 0 148 627 112 887 1,438 61.68% 49 398 199 597 82 0 68 547 64 679 1,022 66.44% 50 250 64 314 20 0 39 243 52 334 540 61.85% 51 609 227 836 153 0 162 642 185 989 2,147 46.06% 52 287 107 394 43 0 92 268 77 437 885 49.38% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 40 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition B (Parks and Recreation) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage53 254 91 345 25 0 59 261 50 370 758 48.81% 56 268 100 368 55 0 54 288 81 423 1,150 36.78% 57 293 106 399 41 0 46 335 59 440 806 54.59% 58 555 215 770 74 0 116 633 95 844 1,170 72.14% 59 655 224 879 75 0 130 696 128 954 1,512 63.10% 60 298 88 386 58 0 67 290 87 444 1,052 42.21% 61 206 67 273 46 0 39 207 73 319 819 38.95% 62 233 89 322 55 0 36 267 74 377 906 41.61% 63 1,165 454 1,619 111 0 265 1,298 167 1,730 2,331 74.22% 64 492 175 667 41 0 108 555 45 708 868 81.57% 65 1,446 552 1,998 220 0 306 1,679 233 2,218 3,167 70.03% 66 582 221 803 93 0 161 630 105 896 1,504 59.57% 67 1,795 647 2,442 272 0 339 2,126 249 2,714 4,052 66.98% 68 357 150 507 49 0 94 369 93 556 1,039 53.51% 69 671 262 933 113 0 170 696 180 1,046 1,885 55.49% 70 894 325 1,219 157 0 198 962 216 1,376 2,709 50.79% 71 470 188 658 97 1 120 501 135 756 1,693 44.65% 72 518 235 753 90 0 146 544 153 843 1,645 51.25% 73 459 172 631 81 0 142 437 133 712 1,437 49.55% 74 487 184 671 83 0 124 514 116 754 1,706 44.20% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 41 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition B (Parks and Recreation) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage75 607 201 808 115 0 151 607 165 923 2,150 42.93% 76 181 62 243 39 0 47 184 51 282 811 34.77% 77 67 31 98 19 0 24 64 29 117 293 39.93% 78 470 183 653 122 0 104 550 121 775 1,629 47.58% 79 306 118 424 63 0 95 292 100 487 1,127 43.21% 80 456 143 599 97 0 78 499 119 696 1,567 44.42% 81 1,761 1,076 2,837 300 1 361 2,515 262 3,138 4,269 73.51% 82 156 59 215 31 0 28 152 66 246 677 36.34% 83 303 118 421 51 0 92 304 76 472 1,048 45.04% 84 251 134 385 42 0 71 308 48 427 818 52.20% 85 143 41 184 23 0 33 114 60 207 511 40.51% 86 339 119 458 35 0 67 389 37 493 629 78.38% 87 541 213 754 73 0 111 602 114 827 1,426 57.99% 88 954 463 1,417 137 0 215 1,169 170 1,554 2,320 66.98% 89 214 82 296 50 0 41 243 62 346 691 50.07% 90 308 140 448 55 0 80 356 67 503 850 59.18% 91 1,428 441 1,869 237 0 317 1,521 268 2,106 3,712 56.73% 92 803 361 1,164 119 0 201 970 112 1,283 1,899 67.56% 93 937 349 1,286 121 0 147 1,030 230 1,407 2,812 50.04% 94 790 331 1,121 109 0 166 904 160 1,230 2,021 60.86% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 42 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition B (Parks and Recreation) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage95 267 105 372 47 0 55 296 68 419 813 51.54% 96 303 110 413 52 0 65 326 74 465 908 51.21% 97 374 116 490 58 0 91 367 90 548 1,122 48.84% 98 524 209 733 111 0 172 534 138 844 1,694 49.82% 99 136 64 200 45 0 46 135 64 245 587 41.74% 100 450 159 609 66 0 90 496 89 675 1,247 54.13% 101 1,228 546 1,774 214 1 233 1,549 207 1,989 3,214 61.89% 103 1,162 411 1,573 150 0 107 1,406 210 1,723 2,549 67.60% 106 858 426 1,284 135 0 269 965 185 1,419 2,270 62.51% 107 1,644 824 2,468 270 0 173 2,300 265 2,738 3,752 72.97% 109 200 100 300 25 0 51 232 42 325 482 67.43% 110 537 216 753 104 0 53 695 109 857 1,453 58.98% 111 393 160 553 87 0 64 489 87 640 1,040 61.54% 112 907 422 1,329 130 0 283 1,032 144 1,459 2,112 69.08% 113 135 53 188 29 0 37 143 37 217 457 47.48% 114 199 56 255 30 0 32 202 51 285 687 41.48% 115 802 305 1,107 117 0 149 905 170 1,224 2,005 61.05% 116 1,687 791 2,478 245 0 352 2,059 312 2,723 4,255 64.00% 117 1,219 690 1,909 205 0 219 1,703 192 2,114 3,266 64.73% 118 955 438 1,393 123 0 216 1,130 170 1,516 2,588 58.58% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 43 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition B (Parks and Recreation) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage119 1,324 532 1,856 148 0 291 1,504 209 2,004 3,093 64.79% 120 808 345 1,153 154 0 158 947 202 1,307 2,174 60.12% 121 589 229 818 114 0 150 646 136 932 1,509 61.76% 122 1,441 769 2,210 208 0 187 1,997 234 2,418 3,670 65.89% 123 864 376 1,240 126 0 104 1,102 160 1,366 2,043 66.86% 124 1,365 529 1,894 215 0 272 1,657 180 2,109 3,145 67.06% 125 2,543 1,057 3,600 347 1 413 3,129 406 3,948 5,720 69.02% 126 1,741 697 2,438 209 0 193 2,207 247 2,647 3,643 72.66% 127 640 366 1,006 66 0 69 937 66 1,072 1,322 81.09% Totals 71,911 30,677 102,588 11,204 5 14,534 85,249 14,014 113,797 188,330 60.42% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 44 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition B (Parks and Recreation) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage1 541 154 695 102 0 173 535 89 797 1,416 56.29% 2 1,072 362 1,434 160 0 244 1,131 219 1,594 2,614 60.98% 3 1,824 627 2,451 216 0 313 2,144 210 2,667 3,595 74.19% 4 985 309 1,294 153 0 280 974 193 1,447 2,486 58.21% 5 792 261 1,053 86 0 168 863 108 1,139 1,558 73.11% 6 1,464 483 1,947 242 0 201 1,732 256 2,189 3,598 60.84% 7 232 83 315 33 0 53 211 84 348 760 45.79% 8 2,291 813 3,104 286 0 320 2,696 374 3,390 4,973 68.17% 9 865 274 1,139 130 0 137 978 154 1,269 1,940 65.41% 15 152 62 214 18 0 17 155 60 232 492 47.15% 16 26 6 32 1 0 0 29 4 33 41 80.49% 17 1,214 449 1,663 181 0 276 1,300 268 1,844 3,085 59.77% 18 1,188 351 1,539 192 0 224 1,260 247 1,731 3,240 53.43% 19 52 16 68 18 0 23 55 8 86 125 68.80% 20 1,297 410 1,707 157 0 199 1,358 307 1,864 3,059 60.93% 21 166 57 223 37 0 65 166 29 260 434 59.91% 23 87 30 117 21 0 11 116 11 138 180 76.67% 24 230 79 309 54 0 61 243 59 363 870 41.72% 26 2,179 863 3,042 277 0 356 2,710 253 3,319 4,467 74.30% 29 1,602 574 2,176 184 0 223 1,895 242 2,360 3,262 72.35% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 45 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition C (Public Safety) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage30 32 11 43 19 0 12 28 22 62 238 26.05% 31 145 46 191 34 0 39 130 56 225 620 36.29% 32 899 262 1,161 135 0 154 977 165 1,296 2,119 61.16% 33 175 43 218 25 0 40 152 51 243 1,182 20.56% 34 164 38 202 17 0 31 150 38 219 495 44.24% 38 67 31 98 26 0 9 83 32 124 461 26.90% 39 216 49 265 28 0 56 191 46 293 604 48.51% 40 2,079 762 2,841 295 1 355 2,529 253 3,137 4,261 73.62% 41 97 39 136 23 0 21 108 30 159 433 36.72% 42 232 65 297 25 0 58 235 29 322 413 77.97% 43 181 61 242 33 0 58 156 61 275 573 47.99% 44 258 65 323 40 0 47 217 99 363 1,016 35.73% 45 122 37 159 32 0 29 113 49 191 578 33.04% 46 72 32 104 15 0 16 67 36 119 366 32.51% 47 106 21 127 19 0 13 84 49 146 455 32.09% 48 557 241 798 89 0 148 627 112 887 1,438 61.68% 49 452 156 608 71 0 68 547 64 679 1,022 66.44% 50 251 57 308 26 0 39 243 52 334 540 61.85% 51 645 197 842 146 1 162 642 185 989 2,147 46.06% 52 313 77 390 47 0 92 268 77 437 885 49.38% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 46 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition C (Public Safety) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage53 247 88 335 35 0 59 261 50 370 758 48.81% 56 285 85 370 53 0 54 288 81 423 1,150 36.78% 57 294 102 396 44 0 46 335 59 440 806 54.59% 58 547 221 768 75 1 116 633 95 844 1,170 72.14% 59 667 212 879 75 0 130 696 128 954 1,512 63.10% 60 313 76 389 55 0 67 290 87 444 1,052 42.21% 61 210 63 273 46 0 39 207 73 319 819 38.95% 62 253 71 324 53 0 36 267 74 377 906 41.61% 63 1,217 400 1,617 113 0 265 1,298 167 1,730 2,331 74.22% 64 522 142 664 44 0 108 555 45 708 868 81.57% 65 1,473 511 1,984 234 0 306 1,679 233 2,218 3,167 70.03% 66 627 179 806 90 0 161 630 105 896 1,504 59.57% 67 1,864 566 2,430 283 1 339 2,126 249 2,714 4,052 66.98% 68 384 120 504 52 0 94 369 93 556 1,039 53.51% 69 712 232 944 102 0 170 696 180 1,046 1,885 55.49% 70 918 302 1,220 156 0 198 962 216 1,376 2,709 50.79% 71 503 156 659 96 1 120 501 135 756 1,693 44.65% 72 563 194 757 86 0 146 544 153 843 1,645 51.25% 73 489 143 632 80 0 142 437 133 712 1,437 49.55% 74 506 172 678 76 0 124 514 116 754 1,706 44.20% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 47 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition C (Public Safety) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage75 647 162 809 114 0 151 607 165 923 2,150 42.93% 76 185 51 236 46 0 47 184 51 282 811 34.77% 77 72 27 99 18 0 24 64 29 117 293 39.93% 78 483 177 660 115 0 104 550 121 775 1,629 47.58% 79 322 101 423 64 0 95 292 100 487 1,127 43.21% 80 464 140 604 92 0 78 499 119 696 1,567 44.42% 81 2,033 795 2,828 310 0 361 2,515 262 3,138 4,269 73.51% 82 144 70 214 32 0 28 152 66 246 677 36.34% 83 319 93 412 60 0 92 304 76 472 1,048 45.04% 84 287 89 376 51 0 71 308 48 427 818 52.20% 85 136 45 181 26 0 33 114 60 207 511 40.51% 86 333 118 451 42 0 67 389 37 493 629 78.38% 87 570 182 752 75 0 111 602 114 827 1,426 57.99% 88 1,044 375 1,419 135 0 215 1,169 170 1,554 2,320 66.98% 89 230 70 300 46 0 41 243 62 346 691 50.07% 90 342 110 452 51 0 80 356 67 503 850 59.18% 91 1,406 443 1,849 257 0 317 1,521 268 2,106 3,712 56.73% 92 866 305 1,171 112 0 201 970 112 1,283 1,899 67.56% 93 965 317 1,282 125 0 147 1,030 230 1,407 2,812 50.04% 94 823 295 1,118 112 0 166 904 160 1,230 2,021 60.86% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 48 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition C (Public Safety) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage95 281 94 375 44 0 55 296 68 419 813 51.54% 96 311 109 420 45 0 65 326 74 465 908 51.21% 97 372 127 499 49 0 91 367 90 548 1,122 48.84% 98 575 159 734 110 0 172 534 138 844 1,694 49.82% 99 143 67 210 35 0 46 135 64 245 587 41.74% 100 462 151 613 62 0 90 496 89 675 1,247 54.13% 101 1,317 452 1,769 220 0 233 1,549 207 1,989 3,214 61.89% 103 1,209 358 1,567 156 0 107 1,406 210 1,723 2,549 67.60% 106 973 319 1,292 127 0 269 965 185 1,419 2,270 62.51% 107 1,845 626 2,471 267 0 173 2,300 265 2,738 3,752 72.97% 109 217 81 298 27 0 51 232 42 325 482 67.43% 110 578 171 749 108 0 53 695 109 857 1,453 58.98% 111 427 128 555 85 0 64 489 87 640 1,040 61.54% 112 1,011 313 1,324 135 0 283 1,032 144 1,459 2,112 69.08% 113 137 49 186 31 0 37 143 37 217 457 47.48% 114 210 47 257 28 0 32 202 51 285 687 41.48% 115 800 312 1,112 112 0 149 905 170 1,224 2,005 61.05% 116 1,823 647 2,470 253 0 352 2,059 312 2,723 4,255 64.00% 117 1,413 507 1,920 194 0 219 1,703 192 2,114 3,266 64.73% 118 1,023 358 1,381 135 0 216 1,130 170 1,516 2,588 58.58% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 49 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition C (Public Safety) - Vote For or Against Precinct ForAgainstCast VotesUndervotesOvervotesAbsentee Voting Ballots CastEarly Voting Ballots CastElection Day Voting Ballots CastTotal Ballots CastRegistered VotersTurnout Percentage119 1,415 441 1,856 148 0 291 1,504 209 2,004 3,093 64.79% 120 860 300 1,160 147 0 158 947 202 1,307 2,174 60.12% 121 643 183 826 106 0 150 646 136 932 1,509 61.76% 122 1,676 535 2,211 207 0 187 1,997 234 2,418 3,670 65.89% 123 938 301 1,239 127 0 104 1,102 160 1,366 2,043 66.86% 124 1,436 459 1,895 214 0 272 1,657 180 2,109 3,145 67.06% 125 2,635 965 3,600 348 0 413 3,129 406 3,948 5,720 69.02% 126 1,827 613 2,440 207 0 193 2,207 247 2,647 3,643 72.66% 127 722 284 1,006 66 0 69 937 66 1,072 1,322 81.09% Totals 76,866 25,709 102,575 11,217 5 14,534 85,249 14,014 113,797 188,330 60.42% Nueces County, Texas Nueces County, General Election 11/3/2020 Page 50 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 Proposition C (Public Safety) - Vote For or Against *** End of report *** Nueces County, Texas Nueces County, General Election 11/3/2020 Page 51 Unofficial Results Registered Voters 113797 of 212048 = 53.67% Precincts Reporting 0 of 127 = 0.00% City of Corpus Christi Canvass Report November 3, 2020 General Election Run Time Run Date 3:41 PM 11/13/2020 7 ATTACHMENT B SPECIAL ELECTION PROPOSITIONS CITY OF CORPUS CHRISTI PROPOSITION A STREETS “Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue and sell one or more series of general obligation bonds of the City, in the aggregate principal amount of not more than $61,000,000 with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, demolishing, constructing, renovating, improving, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City’s utility system), with priority given to the following street projects: – Comanche Street, generally from Carancahua Street to Alameda Street – Frontier Drive, generally from McKinzie Road to Rockwood Street – Hearn Road, generally from Callicoatte Road to dead end – Wildcat Drive, generally from FM 624 to Teague Lane – Trinity River Drive, generally from FM 624 to Wood River Drive – Brownlee Boulevard, generally from Staples Street to Morgan Avenue – Alameda Street, generally from Texan Trail to Chamberlain Street – Everhart Road, generally from Staples Street to McArdle Road – Airport Road, generally from Morgan Avenue to Horne Road – Carroll Lane, generally from Holly Road to dead end – Flato Road, generally from Bates Road to Bear Lane – Everhart Road, generally from Alameda Street to Staples Street – Waldron Road, generally from South Padre Island Drive to Purdue Road – Jackfish Avenue, generally from end of Aquarius Street to Park Road 22 – Park Road 22, generally from Compass Street to Jackfish Avenue – Park Road 22 South Access Road, generally from Commodores Drive to Jackfish Avenue – Encantada Avenue, generally from Encantada Avenue to Nueces County Park Road – Beach Access Road, generally from State Highway 361 to beach – Lipes Boulevard, generally from Sun Wood Drive to Staples Street – Rodd Field Road, generally from Yorktown Boulevard to Adler – Strasbourg Drive, generally from Grenoble Drive to Marseille Drive – Yorktown Boulevard, generally from Rodd Field Road to Oso Creek Bridge 8 and in providing for the above public improvements, the City Council shall have the option to (i) utilize other funds available for such purposes and (ii) abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason) do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for constructing, reconstructing, restructuring, and extending other streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of- way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City’s utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?” CITY OF CORPUS CHRISTI PROPOSITION B PARKS AND RECREATION “Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $12,000,000 with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, demolishing, constructing, renovating, improving, expanding, and equipping City parks and recreation facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City’s utility system), with priority given to the following projects: – Bill Witt Park Aquatic Facilities – North Beach Area Improvements – Park System Upgrades and Improvements – Texas State Aquarium Center for Wildlife Rescue and Research – West Guth Park Improvements and in providing for the above public improvements, the City Council shall have the option to (i) utilize other funds available for such purposes and (ii) abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason) do not materialize or because unforeseen changes in fact 9 or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, demolishing, constructing, renovating, improving, expanding, and equipping City parks and recreation facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City’s utility system);and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?” CITY OF CORPUS CHRISTI PROPOSITION C PUBLIC SAFETY “Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $2,000,000 with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and t o be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping City public safety facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City’s utility system), with priority given to the following projects: – Fire Station #3 – Police Training Academy and in providing for the above public improvements, the City Council shall have the option to (i) utilize other funds available for such purposes and (ii) abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason) do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, demolishing, constructing, renovating, improving, expanding, and equipping City public safety facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, 10 which are the responsibility of the City’s utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?” DATE: November 6, 2020 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 CAPTION: Ordinance ordering a runoff election to be held on December 15, 2020 in the City of Corpus Christi for the election of Mayor and Council Member Districts One and Four, designating polling place locations, enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergency. SUMMARY: To order a runoff election for the election of Mayor, and Council Member Districts One and Four. BACKGROUND AND FINDINGS: The Council canvassed the results of the November 3, 2020 general election. In the Mayoral and Council Member District One and Four races, none of the candidates received a majority vote. Per the City Charter, the candidates receiving the highest and second highest number of votes enter a runoff election. The runoff election is scheduled on December 15, 2020. ALTERNATIVES: None. FISCAL IMPACT: The runoff election was budgeted in the FY 2021 budget. Funding Detail: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Ordering December 15, 2020 Runoff Election AGENDA MEMORANDUM City Council Meeting of November 17, 2020 Account: SUPPORTING DOCUMENTS: Ordinance One-reading Ordinance ordering a runoff election to be held on December 15, 2020 in the City of Corpus Christi for the election of Mayor and Council Member Districts One and Four, designating polling place locations, enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, Ordinance 032176 ordered a G eneral Election to be held on November 3, 2020 for the election of Mayor and Eight Council Members; WHEREAS, Ordinance 03 2176 enacted provisions incident to and relating to said General Election; W HEREAS, the official canvass of said election reveals that none of the candidates for the offices of Mayor and Council Member District One and Four received the number of votes required for election; and W HEREAS, the runoff election has been scheduled for December 15, 2020; WHEREAS, the City has entered into a contract for Election Services with the Nueces County Clerk pursuant to Contract No. 2020 -299 filed of record with the Office of the City Secretary; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A runoff election for the office(s) of Mayor and Council Member Districts One and Four shall be held December 15, 2020, with the names of the following candidates for the respective office as follows: Mayor Joe McComb Paulette Guajardo Council Member District One Rachel Ann Caballero Billy Lerma Council Member District Four Kaylynn Paxson Greg Smith SECTION 2. That at said election herein ordered, all qualified voters of the City of Corpus Christi eligible to vote in the runoff election shall be permitted to vote as provided by law. SECTION 3. The names of candidates for said offices shall be placed on said ballot in the manner and form prescribed by law. SECTION 4. The eSlate direct recording equipment shall be used at the election in accordance with Texas Election Code. SECTION 5. The election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The election shall be held in accordance with the election laws of the State of Texas and in accordance with ordinance of the City Council. Nueces County participates in the Countywide Polling Place Program under Election Code Section 43.007 as amended, meaning that any qualified registered voter of the City of Corpus Christi can vote in the election at any polling place identified in Attachment A. The polls shall be open from 7:00 am to 7:00 p.m. on the day of the election. SECTION 6. The City Secretary shall conduct the election as directed by Ordinance of the City Council and by law. SECTION 7. Early voting for the election in person may be conducted at the times and locations of the temporary branch polling places set forth on Attachment B to this Ordinance hereto incorporated by reference and made part of this ordinance. T he City Secretary is authorized, in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. SECTION 8. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, tabulation equipment, and supplies in accordance with the election agreement to be executed with Nueces County. The City Secretary is authorized to approve all lawful changes and additions to the procedure s provided herein in order to implement such agreement, including, but not limited to provisions for substations. SECTION 8. By approving and signing this ordinance, the Mayor officially confirms as his action all matters recited in this ordinance which by law come within jurisdiction. SECTION 9. 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, work, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 10. The fact that it is necessary and essential that the governing body of the City of Corpus Christi order the runoff election, that the notice of such election should be promptly posted and published, that the City runoff election shall be held on December 15, 2020, and immediate action is necessary for the efficient and effective administration of the city's affairs, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance shall be passed finally on the date of its introduction but that such ordinances shall be read on emergency reading. The City Council hereby (1) finds that such emergency and necessity do exist due to the need for immediate action necessary for the efficient and effective administration of the City’s runoff election and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regu lar meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this ---- day of November, 2020 IT IS ACCORDINGLY SO ORDAINED, this the -- day of November, 2020. ATTEST: CITY OF CORPUS CHRISTI ____________________________ _____________________________________ Rebecca Huerta Joe McComb City Secretary Mayor ----Day of November, 2020 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Mayor Council Members The above ordinance was passed by the following vote: Mayor Joe McComb Roland Barrera Paulette M. Guajardo __________________ Gil Hernandez __________________ Michael Hunter Ben Molina __________________ Everett Roy __________________ Greg Smith ___________________ ATTACHMENT A Election Day Polling Places Magee Elementary – 4201 Calallen Dr. Hilltop Community Center – 11425 Leopard St. Zavala Senior Center – 510 Osage St. La Retama Central Library – 805 Comanche St. Oveal Williams Senior Center – 1414 Martin Luther King Dr. Lindale Senior Center – 3135 Swantner Dr. Ben F. McDonald Library – 4044 Greenwood Dr. Hamlin Middle School – 3900 Hamlin Dr. Deaf & Hard of Hearing Center – 5151 McArdle Rd. John F. Kennedy Elementary – 1102 Villarreal Dr. Fannin Elementary School – 2730 Gollihar Rd. The Valencia – 6110 Ayers St. Schanen Elementary – 5717 Killarmet Dr. Parkway Presbyterian Church – 3707 Santa Fe St. Montclair Elementary – 5241 Kentner St. Ethel Eyerly Senior Center – 654 Graham Rd. Padre Island Baptist Church – 14253 SPID C. C. Christian Fellowship – 6602 S. Staples St. Veterans Memorial High School – 3750 Cimarron Blvd. Mireles Elementary – 7658 Cimarron Blvd. Smith Elementary – 6902 Williams Dr. ATTACHMENT B EARLY VOTING Early voting begins Saturday, December 5, 2020 and ends Friday, December 11, 2020 Early Voting Clerk: Nueces County Clerk Kara Sands Early Voting Clerk’s mailing address: Kara Sands, Nueces County Clerk ATTN: Elections Division P.O. Box 2627 Corpus Christi, TX 78403 Main Early Voting Location Nueces County Courthouse 1st Floor Atrium 901 Leopard Street Corpus Christi, TX 78401 Dates: Times Saturday, December 5 – Sunday, December 6, 2020 12:00 p.m. to 5:00 p.m. Monday, December 7 – Friday, December 11, 2020 7:00 a.m. to 7:00 p.m. Branch Polling Locations Monday, December 7 – Friday, December 11, 2020 7:00 a.m. to 7:00 p.m. Hilltop Community Center – 11425 Leopard St. Oveal Williams Senior Center – 1414 Martin Luther King Dr. Ben F. McDonald Library – 4044 Greenwood Dr. Lindale Senior Center – 3135 Swantner Dr. Deaf & Hard of Hearing Center – 5151 McArdle Rd. The Valencia – 6110 Ayers St. Ethel Eyerly Senior Center – 654 Graham Rd. Padre Island Baptist Church – 14253 SPID C. C. Christian Fellowship – 6602 S. Staples St. Veterans Memorial High School – 3750 Cimarron Blvd. Project No. : N/A 1 SFM Legistar No.: xx-xxx DATE: October 26, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Lynn Allison Public Information Coordinator Flatiron/Dragados BACKGROUND: Flatiron Dragados, LLC will brief City Council on the Harbor Bridge Replacement Project. LIST OF SUPPORTING DOCUMENTS: None UPDATE TO CITY COUNCIL Harbor Bridge Replacement Project AGENDA MEMORANDUM Briefing for the City Council Meeting of November 17, 2020 DATE: September 21, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0920-01, Nemec Family Properties, Ltd (District 1). Ordinance rezoning property at or near 3601 Interstate 69 from the “FR” Farm Rural District to the “CG-2” General Commercial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a commercial retail building approximately 50,000 square feet in size. BACKGROUND AND FINDINGS: The subject property is 5.24 acres in size. The subject property is currently zoned “FR” Farm Rural District and consists of vacant property and has remined undeveloped since annexation in 1995. The proposed use is a commercial retail building approximately 50,000 square feet in size with approximately 200 parking spaces. Conformity to City Policy The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “CG-2” General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, does not have a negative impact upon the adjacent properties, and warrants an amendment to the Future Land Use map. Public Input Process Number of Notices Mailed 4 within 200-foot notification area 7 outside notification area Rezoning a property at or near 3601 Interstate 69 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/10/20 Second Reading Ordinance for the City Council Meeting 11/17/20 As of September 4, 2020: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural District to the “CG-2” General Commercial District on September 16, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “FR” Farm Rural District to the “CG-2” General 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 “FR” Farm Rural District to the “CG-2” General Commercial District with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0920-01, Nemec Family Properties, Ltd (District 1). Ordinance rezoning property at or near 3601 Interstate 69 from the “FR” Farm Rural District to the “CG-2” 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 5.24 acre tract out of Lot 8, Block 1, Nueces River Irrigation Park as shown on the map thereof recorded in Volume “A”, Page 54, of the Map Records of Nueces County, Texas as shown in Exhibit “A”: from the “FR” Farm Rural District to the “CG-2” General Commercial District. The subject property is located at or near 3601 Interstate 69. 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. Page 2 of 5 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 3 of 5 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 5 Exhibit A Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0920-01 INFOR No. 20ZN1021 Planning Commission Hearing Date: September 16, 2020 Applicant & Legal Description Owner: Nemec Family Properties, Ltd. Applicant: Identity Capital, LLC. Location Address: 3601 Interstate 69 Legal Description: Being a 5.24 acre tract out of Lot 8, Block 1, Nueces River Irrigation Park as shown on the map thereof recorded in Volume “A”, Page 54, of the Map Records of Nueces County, Texas, located along the west side of Interstate 69, south of Northwest Boulevard (Farm to Market Road 624), and north of County Road 52. Zoning Request From: “FR” Farm Rural District To: “CG-2” General Commercial District Area: 5.24 acres Purpose of Request: To allow for the construction of a commercial retail building approximately 50,000 square feet in size. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “FR” Farm Rural Agricultural Medium Density Residential North “FR” Farm Rural and “CG-2” General Commercial Agricultural and Commercial Medium Density Residential and Commercial South “FR” Farm Rural Agricultural and Low Density Residential Medium Density Residential East “CG-2” General Commercial Commercial Commercial West “FR” Farm Rural and “RS-6” Single-Family 6 Agricultural and Commercial Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “CG-2” General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use map. Map No.: 066050 City Council District: 1 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 70 feet of street frontage along Interstate 69 which is designated as a “F1” Freeway / Expressway. According to the Urban Transportation Plan, “F1” Freeway / Expressway can convey a capacity between 60,000 to 200,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Interstate 69 “F1” Freeway / Expressway 400’ ROW Varies paved 300’ ROW 120’ paved 12,985 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “FR” Farm Rural District to the “CG-2” General Commercial District to allow for the commercial retail building approximately 50,000 square feet in size. Development Plan: The subject property is 5.24 acres in size. The proposed use is a commercial retail building approximately 50,000 square feet in size with approximately 200 parking spaces. Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District and consists of vacant property and has remined undeveloped since annexation in 1995. To the north is a vacant property zoned “FR” Farm Rural District. Further to the north is a Wal-Mart zoned “CG-2” General Commercial District. To the south are vacant properties zoned “FR” Farm Rural District. To the east across Interstate 69 is a car dealership zoned “CG-2” General Commercial District. To the west are vacant properties zoned “FR” Farm Rural District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch PVC line located along Interstate 69. Wastewater: 6-inch PVC line located along the rear property line. Gas: 6-inch service line located along Interstate 69. Storm Water: 20-inch line along Interstate 69. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “CG-2” General 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 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). • The expansion of business uses along Northwest Boulevard (F.M. 624) or any other arterial street should be planned and zoned so that the traffic carrying capacity of the street is protected. (Policy Statement E). • Large-scale commercial uses are encouraged on both sides of US 77 (IH-69) north of Robstown. (Policy Statement F). Staff Report Page 3 Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, does not have a negative impact upon the adjacent properties, and warrants an amendment to the Future Land Use map. Planning Commission and Staff Recommendation (September 16, 2020): Approval of the change of zoning from the “FR” Farm Rural District to the “CG-2” General Commercial District. Public Notification Number of Notices Mailed – 4 within 200-foot notification area 7 outside notification area As of September 4, 2020: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0920-01 Nemec Family Properties, LTD/Council Documents/Report - Nemec Family Properties, LTD.docx Staff Report Page 4 Nemec Family Properties, Ltd. Rezoning for a Property at 3601 Interstate 69 From “FR” To “CG-2” Zoning Case #0920-01 N City Council November 10, 2020 2 Aerial Overview 3 Zoning Pattern 4 Approval of the “CG-2” General Commercial District Planning Commission and Staff Recommendation 5 Public Notification 4 Notices mailed inside 200’ buffer 7 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 6 UDC Requirements Buffer Yards: CG-2 to FR: N/A CG-2 to RS-6: Type C: 15’ & 15 pts Setbacks: Street: 20 feet Side/Rear: 0 feet Parking: 1:250 square feet Landscaping, Screening, and Lighting Standards Uses Allowed: Multifamily, Offices, Medical, Restaurants, Retail, Bars, and Hotels. 7 Utilities Water: 12-inch PVC Wastewater: 6-inch PVC Gas: 6-inch line Storm Water: 20-inch line DATE: October 16, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance authorizing acceptance of a grant from State Farm Insurance in an amount of $10,000.00 for the Auto Burglary and Auto Theft Holiday Public Awareness Campaign; and appropriating $10,000.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of funds from State Farm Insurance to be used by the Corpus Christi Police Department (CCPD) for the holiday public awareness campaign. The campaign will educate the community on the prevention of becoming a victim of auto burglary and auto theft BACKGROUND AND FINDINGS: The CCPD has been awarded funding from State Farm Insurance for the Auto Burglary and Auto Theft holiday public awareness campaign. Auto burglaries continue to be one of the most committed crimes in Corpus Christi. A considerable number (70%) of the auto burglaries reported in 2018 were also “victim assisted” in that the victim left the vehicle unlocked. The month of November marks the beginning of the Holiday Shopping Season. The Public Awareness Campaign will reach all demographics in Corpus Christi and utilize available media and social platforms to educate our community on the prevention of becoming a victim of auto burglary and auto theft. The funds will be used to purchase five bus wraps with the Corpus Christi Regional Transportation Authority and advertising on ten bus benches, including production of the wraps and advertising space. The locations of bus benches will be based on availability and on “hot spots” for auto crimes. The bus wraps will be chosen according to travel into shopping centers, business centers, parking lots, etc. The contract period is for six months. This is the first year that the City is awarded this grant from State Farm Insurance. ALTERNATIVES: The alternative of not accepting the funds will mean the holiday public awareness campaign for Acceptance and Appropriation of Grant Funds from State Farm Insurance for the Auto Burglary and Auto Theft Holiday Public Awareness Campaign AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting November 10, 2020 Second Reading Ordinance for the City Council Meeting November 17, 2020 Auto Burglary and Auto Theft will not occur. FISCAL IMPACT: The fiscal impact for FY 2021 is the acceptance and appropriation of the State Farm Insurance grant in an amount of $10,000 to the Police Grants Fund. The City is not required to provide a cash match Funding Detail: Fund: 1061 Organization/Activity: Police Grants fund/822902L Mission Element: 152 Project # (CIP Only): Account: 530000 – Professional Services RECOMMENDATION: Staff recommends accepting the award and appropriating the item. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance authorizing acceptance of a grant from State Farm Insurance in the amount of $10,000.00 for the Auto Burglary and Auto Theft Holiday Public Awareness Campaign; and appropriating $10,000.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The City Manager or designee is authorized to execute all documents necessary to accept a grant from State Farm Insurance in the amount of $10,000 for the Auto Burglary and Auto Theft Holiday Public Awareness Campaign. SECTION 2: $10,000 from State Farm Insurance, is appropriated in the No. 1061 Police Grant Fund. 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 Joe McComb City Secretary Mayor 1 Sarah Brunkenhoefer From:Melissa Castro Sent:Friday, October 16, 2020 1:12 PM To:Pat Eldridge Subject:Fw: Request for Assistance CCPD Auto Theft Task Force Public Awareness Campaign 2020     Melissa M. Castro  Auto Theft Task Force Grant Administrator  Criminal Investigations Division  Corpus Christi Police Department  MelissaMa@cctexas.com  361‐886‐2872 Office  361‐886‐2779 Fax            From: Felicia Hutchins <felicia.hutchins.czz3@statefarm.com>  Sent: Friday, October 16, 2020 10:13 AM  To: Melissa Castro <MelissaMa@cctexas.com>  Cc: Mark Tuley <MarkT@cctexas.com>  Subject: RE: Request for Assistance CCPD Auto Theft Task Force Public Awareness Campaign 2020      [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a  password, username, payment or to take action from an email. When in doubt, please forward to  SecurityAlert@cctexas.com. ] ]  Melissa,    We are pleased to be able to provide Corpus Christi Police Dept. with a $10,000 grant for the Holiday Public Awareness  Campaign for 2020.    Here is the link to the grant application:  http://www.cybergrants.com/pls/cybergrants/ao_login.login?x_gm_id=4214&x_proposal_type_id=37142   Your unique invitation code:  DICZZ3   If you have any questions, please feel free to reach out to me!   Felicia Hutchins, CPCU®, ChFC®, CLU® State Farm Insurance Corporate Responsibility  2 Desk 512‐918‐4996   Cell: 512‐239‐8322  Follow me on Twitter: @SF_FeliciaH     From: Melissa Castro [mailto:MelissaMa@cctexas.com]   Sent: Wednesday, October 07, 2020 1:43 PM  To: Felicia Hutchins <felicia.hutchins.czz3@statefarm.com>  Cc: Mark Tuley <MarkT@cctexas.com>  Subject: [EXTERNAL] Request for Assistance CCPD Auto Theft Task Force Public Awareness Campaign 2020 Hello, Felicia!   It was great catching up with you yesterday!  Again,  thank you for your consideration on our request for  assistance with our public awareness campaign.  Enclosed please find detailed invoice from ICONIC  SIGNGROUP, LLC.    RTA and Iconic Sign Group have covered the cost difference between the $10,500 and retail price of $38,790  for the last two years.  As expressed yesterday, MVCPA grantees have cut 3.8% of this year's budget and there  are mentions of an additional 5% cut possibly in the very near future.  Our press conference with ICT  presenting the "LOCK, TAKE and HIDE" parking lot signs and our bus unveiling has turned into a holiday  initiative that kicks off the start of the "Holiday Shopping Season".  Covid restrictions have cancelled all our  public awareness events but burglary to vehicles and auto thefts have not been curtailed by Covid.  Our bus  and bench wraps are now more so invaluable tools that we need to spread awareness to our  community.  Again, thank you Felicia for your consideration to continue our fight in reducing the number of  victims of auto crimes.  Please do not hesitate contacting our agency for any other information or  clarification.  Be safe and looking forward to hearing from you.     Melissa M. Castro Auto Theft Task Force Grant Administrator Criminal Investigations Division Corpus Christi Police Department MelissaMa@cctexas.com 361‐886‐2872 Office 361‐886‐2779 Fax           From: Copier <Copier@cctexas.com>  Sent: Wednesday, October 7, 2020 12:57 AM  To: Melissa Castro <MelissaMa@cctexas.com>  Subject: Send data from MFP13436402 10/07/2020 00:57 Scanned from MFP13436402 Date:10/07/2020 00:57 3 Pages:7 Resolution:200x200 DPI ---------------------------------------- DATE: October 19, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in an amount of $22,734.08 to fund overtime and related costs for the Red Cord Initiative Diversion Program (Prostitution Crimes Reduction Program); and appropriating $22,734.08 in the Police Grants Fund. SUMMARY: The Coastal Bend Wellness Foundation has received a grant from the State of Texas, Office of the Governor, Public Safety Office, Criminal Justice Division in an amount of $22,734.08 to fund overtime and fringe benefits for the Police Department to work with the Red Cord Initiative Diversion Program. The City is considered a subgrantee. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) will work with the Coastal Bend Wellness Foundation to provide overtime to conduct law enforcement activities to prevent, control, or reduce prostitution crimes during the grant period of October 1, 2020 to September 30, 2021. The Police Department will provide the following:  Assign personnel specifically trained and specialized in targeting investigations and prosecutions of prostitution crimes.  Coordinate and schedule operations in high risk areas to target individuals who be eligible for diversion program.  Participate and support performance measures and evaluation plan to meet contractual obligations.  Identify a point of contact to serve on the Red Cord Initiative Multi-Disciplinary Care Team and attend coordinating group planning meetings as appropriate. The Red Cord Initiative is a community-based pretrial prostitution diversion program dedicated to providing practical, emotional, and social support for those involved in sex work through mobilization and engagement of community partnerships. The program includes case management, law enforcement, prosecution, and behavioral health services including Acceptance and Appropriation of Grant Funds for the Red Cord Initiative Diversion Program (Prostitution Crimes Reduction Program) AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting November 10, 2020 Second Reading Ordinance for the City Council Meeting November 17, 2020 substance abuse treatment in Nueces County for eligible individuals. The Red Cord Initiative believes in a community-based, comprehensive, and holistic approach with the goals of reducing the harm an individual has caused to themselves, as well as the harm that the individual is causing the surrounding community. The Red Cord Initiative focus is to improve public safety and public order in the Corpus Christi and Nueces County neighborhoods and reduce justice system involvement of people who successfully complete the program. The Police Department will run two operations, each to run for seven hours, for a total salary cost in an amount of $17,994.36 and fringe benefits in an amount of $4,739.72 for a total grant amount of $22,734.08. ALTERNATIVES: The alternative of not accepting the funds will cause the program not to be implemented. FISCAL IMPACT: The fiscal impact for FY2021 is accepting and appropriating an amount of $22,734.08 to the Police Grants Fund. There is no required City match. Funding Detail: Fund: 1061 Organization/Activity: Police Grants Fund Mission Element: 152 Project # (CIP Only): Account: $22,734.08 RECOMMENDATION: Staff recommends accepting the award and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance authorizing accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $22,734.08 to fund overtime and fringe benefits for the Red Cord Initiative Diversion Program (Prostitution Crimes Reduction Program); and appropriating $22,734.08 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant funds from the Coastal Bend Wellness Foundation in the amount of $22,734.08 to fund overtime and fringe benefits for the Red Cord Initiative Diversion Program. Section 2. $22,734.08 is appropriated in the No. 1061 Police Grants Fund. 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 Joe McComb City Secretary Mayor DATE: October 19, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance authorizing acceptance of a grant in an amount of $48,211.68 from State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of $13,702.16 and in-kind match of $6,960.00; appropriating $48,211.68 in the Police Grants Fund; authorizing one FTE for a Victim Case Manager; and authorizing a transfer of $13,702.16 from the General Fund to the Police Grants Fund. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) which the City has been awarded for 21 years. The grant provides funds to projects with the primary mission of reducing and preventing violence against women. BACKGROUND AND FINDINGS: The grant continues to support the Family Violence Unit by utilizing civilian officers and volunteers to contact family violence victims when a written report is made. The grant provides funds for one civilian victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest. The Case Manager provides information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish a working relationship between social agencies and the Police Department to provide educational opportunities to the community through speaking engagements and the distribution of literature. The long-term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long - term safety needs of victims. The State provides $48,211.68 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage. The Case Manager also coordinates volunteer hours that contribute to the $6,690 in-kind contribution. The City contributes $13,702.16 for training, travel, supplies and miscellaneous equipment as the required match. The grant period is September 1, Acceptance and Appropriation of the Violence Against Women Act Grant AGENDA MEMORANDUM Future Item for the City Council Meeting of November 10, 2020 Action Item for the City Council Meeting November 17, 2020 2020 through – August 31, 2021. ALTERNATIVES The funding for this grant allows case management for female victims of violent crimes. Without these funds the activities to support violence against women would be limited. FISCAL IMPACT: The fiscal impact for FY2021 is accepting and appropriating an amount of $48,211.68 to the Police Grants Fund. This item will also authorize a transfer in an amount of $13,702.16 from the General Fund to the Police Grants Fund for the City cash match. Funding Detail: Fund: 1020 & 1061 Organization/Activity: 1020-60035/1061-822022F Mission Element: 156 Project # (CIP Only): Account: 548590 Cash contribution - grant match 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 548120 Self Insurance Allocation RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Statement of Grant Award Ordinance authorizing acceptance of a grant in an amount of $48,211.68 from State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of $13,702.16 and in-kind match of $6,960.00; appropriating $48,211.68 in the Police Grants Fund; authorizing one FTE for a Victim Case Manager; and authorizing a transfer of $13,702.16 from the General Fund to the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $48,211.68 to continue the Violence Against Women Program within the Police Department with a cash match of $13,702.16 and an in-kind match of $6,960.00 for a total project cost of 68,873.84. SECTION 2. That the $48,211.68 grant is appropriated in the No. 1061 Police Grants Fund to continue the Violence Against W omen Program in the Police Department. SECTION 3. The transfer of $13,702.16 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching fun ds is authorized and appropriated for a total project cost of 68,873.84. 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 f inally 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 Joe McComb City Secretary Mayor DATE: November 2, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 361.886.2601 Peter Collins, Director of Information Technology PeterC@cctexas.com 361.826.3735 CAPTION: Ordinance authorizing an Interlocal Cooperation Agreement between the City of Corpus Christi, Nueces County, and the Regional Transportation Authority (RTA) to pay for the P25 Public Safety Radio System Upgrade; appropriating $608,000 of anticipated revenue from Nueces County and $192,000 of anticipated revenue from the RTA in the Police Building CIP Fund; and amending the FY 2021 budget adopted by Ordinance No. 032203 by increasing revenues and expenditures by $800,000 each. SUMMARY: The City of Corpus Christi, Nueces County, and RTA are owners of the Public Safety Radio System. The upgrade to P25 will address issues in coverage, infrastructure, connectivity, redundancy, and security. The existing radio system has reached end of life, which dictates that the equipment and infrastructure must be replaced. The City of Corpus Christi will appropriate funding received from the County and RTA into the Police Building CIP Fund. BACKGROUND AND FINDINGS: P25 is the latest radio protocol standard used internationally. The City of Corpus Christi, Nueces County, and RTA are updating the current radio system to improve coverage, reliability, interoperability and replace current infrastructure that has reached end of life . This upgrade requires additional infrastructure, software, antennas and other equipment necessary to sustain the upgraded radio system. Project timeline and milestones will be developed within 45 days of execution of this Interlocal Agreement. Interlocal Agreement P25 Upgrade of Radio System and an Ordinance for the Appropriation of Funds AGENDA MEMORANDUM Action Item for the City Council Meeting November 10, 2020 This Interlocal Agreement provides for the City of Corpus Christi, Nueces County, and the RTA to share the costs of the P25 upgrade to the Public Safety Radio System in accordance to ownership. The Public Safety Radio System upgrade to P25 will cost $3,200,000 where the City of Corpus Christi will pay $2,400,000 based on 75% ownership, the County will pay $608,000 based on 19% ownership and the RTA will pay $192,000 based on 6% ownership. The City’s funding was approved in the 2018 bond election and has been secured through the issuance of voter-approved general obligation bonds. ALTERNATIVES: The City would perform the upgrade alone which would require additional funds by the City. FISCAL IMPACT: The fiscal impact for FY2021 is appropriating an amount of $608,000 from Nueces County and $192,000 from the RTA for a total of $800,000 to the Police Building CIP Fund. The City of Corpus Christi’s allocation of $2,400,000 is funded through general obligation bonds approved by the voters in 2018. Total project cost is $3,200,000. Funding Detail: Amount: $2,400,000 Fund: 3343 - Police 2020 Bond 2018 CIP Fund Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): 18038 - Police Radio Communication System Account: 550030 - Improvements Other than Building Police CIP Fund Amount: $800,000 Fund: 3340 – Police Building CIP Fund Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): 18038 - Police Radio Communication System Account: 550030 - Improvements Other than Building RECOMMENDATION: City staff recommends approving the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Interlocal Agreement P25 Upgrade Ordinance authorizing an Interlocal Cooperation Agreement between the City of Corpus Christi, Nueces County, and the Regional Transportation Authority (RTA) to pay for the P25 Public Safety Radio System Infrastructure Upgrade; appropriating $608,000 of anticipated revenue from Nueces County and $192,000 of anticipated revenue from the RTA in the Police Building CIP Fund; and amending the FY 2021 budget adopted by Ordinance No. 032203 by increasing revenues and expenditures by $800,000 each. WHEREAS, the City of Corpus Christi (“City”) and Regional Transportation Authority (“RTA”) are parties to an Interlocal Cooperation Agreement dated September 23, 1991 (the “Radio Communications System Interlocal Agreement”), providi ng for the development and operation of an advanced 800 MHz public safety trunked radio system (“Radio System”); and WHEREAS, the City, RTA, and Nueces County (“County”) are parties to an Interlocal Cooperation Agreement dated February 4, 1994 (the “Radi o System Participation Agreement”), being the first amendment to the Radio Communications System Interlocal Agreement; WHEREAS, the radio system will be upgraded to P25 radio technology. This includes towers, electronics, microwave, data circuits and support equipment and software. WHEREAS, the estimated cost for this P25 radio upgraded is $3,200,000, the City, RTA and County wish to divide the costs based on radio percentages. The City of Corpus Christi will pay 75% or $2,400,000; Nueces County will pay 19% or $608,000; and the RTA will pay 6% or $192,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with Nueces County and the Regional Transportation Authority to pay for the P25 Public Safety Radio System Upgrade and accepting funds under the agreement from the County and RTA. SECTION 2. Anticipated revenues in the amount of $800,000 received under this agreement from the County and RTA will be appropriated in the No. 3340 Police Building CIP Fund. SECTION 3. The FY2020-21 Budget adopted by Ordinance No. 032203 will be amended to increase revenue and expenditures by $800,000 each. 2 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 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, REGIONAL TRANSPORTATION AUTHORITY AND COUNTY OF NUECES RADIO SYSTEM P25 UPGRADE This Interlocal Cooperation Agreement ("Agreement") is made by and between the City of Corpus Christi, Texas ("City"), a Texas home-rule municipal corporation, the Regional Transportation Authority ("RTA"), a metropolitan transit authority under Article 1118x, V.A.T.S., and the County of Nueces ("County"), a political subdivision of the State of Te xas, each acting herein by and through its duly authorized official, effective for all purposes upon the execution by all parties. WHEREAS, the City and RTA are parties to an Interlocal Cooperation Agreement dated September 23, 1991 (the “Radio Communications System Interlocal Agreement”), providing for the development and operation of an advanced 800 MHz public safety trunked radio system (“Radio System”); and WHEREAS, the City, RTA, and County are parties to an Interlocal Cooperation Agreement dated February 4, 1994 (the “Radio System Participation Agreement”), being the first amendment to the Radio Communications System Interlocal Agreement; WHEREAS, the radio system will be upgraded to P25 radio technology. This includes towers, electronics, microwave, data circuits and support equipment and software. WHEREAS, the estimated cost for this P25 radio upgraded is $3,200,000 the City, RTA and County wish to divide the costs based on radio percentages. NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, REGIONAL TRASNPORTATION AUTHORITY AND THE COUNTY OF NUECES: 1. SCOPE OF WORK. The City, RTA and County agree to joint partners for the P25 radio upgrade. The City will be performing the upgrade to P25 standard which includes software, antennas, generators, communication equipment, radio equipment, shelters, microwaves, and back up communication circuits. The County and RTA are not obligated to any performance other than financial support as agreed in this agreement. 2. RTA PARTICIPATION. The RTA agrees to pay up to $192,000, 6% of the $3,200,000 P25 estimated radio upgrade cost. 3. CITY PARTICIPATION. The City agrees to pay up to $2,400,000, 75% of $3,200,000 P25 estimated radio upgrade cost. 4. COUNTY PARTICIPATION. The County agrees to pay up to $608,000, 19% of $3,200,000 estimated P25 radio upgrade cost. 5. PERIOD OF PERFORMANCE. This agreement shall continue until such time as the P25 radio upgrade has been completed. The estimated completion date of the P25 radio upgrade is eighteen months from final execution of this agreement. 6. PAYMENTS. Any payment made by the City, RTA, or County for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Interlocal Cooperation Act. All funding obligations of the RTA, City, and County under this agreement are subject to the appropriation funds by each entity in its annual budget. RTA shall make payments incrementally to the City based upon completed Milestones of the project. Payment Milestones will be presented for review and mutual agreement within 45 days of execution of this agreement. A project schedule and milestones shall be prepared and presented to all parties upon 45 days of execution of this agreement. County will make quarterly payments to City. Payments will occur as follows: • $202,666.66 by June 30, 2021, • $202,666.67 by September 30, 2021, and • $202,666.67 by December 31, 2021 (Final Payment). The Final Payment amount may be adjusted to be less should expenses at that time indicate the County has reached its agreed percentage amount (19%) of the P25 radio upgrade cost. If upon final completion of the P25 radio upgrade project it should be determined that County paid more than 19% of the total project upgrade City shall reimburse such overage amount after project completion, upon written request by the County. This paragraph survives termination of this agreement. City agrees to provide documentation detailing expenses for this P25 radio upgrade project. 7. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and addresses stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. CITY: Peter Zanoni, City Manager 1201 Leopard Street Corpus Christi, Texas 78401 With a copy to: Mike Markle, Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, Texas 78401 COUNTY: Barbara Canales, County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, Texas 78401 RTA: Jorge Cruz-Aedo, Chief Executive Officer Regional Transportation authority 602 North Staples Corpus Christi, Texas 78401 8. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute amendments to this agreement, as indicated in paragraph 11. Any increases in expenditures will be subject to approval and appropriation by the City Council, County Commissioner’s Court, and RTA Board of Directors, respectively. 9. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent by applicable law. The City, County, and RTA agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressi ng the intention of the stricken provision. 10. DISPUTE RESOLUTION PROCESS. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. 11. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter and may only be modified or amended by a written agreement signed by all parties. It shall be construed in accordance with the laws of the State of Texas. 12. INTERLOCAL COOPERATION ACT. This agreement is subject to the terms and provisions of the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY By:_______________________________ Name: Jorge Cruz-Aedo Title: Chief Executive Officer Date:_____________________________ COUNTY OF NUECES By:_______________________________ Name: Barbara Canales Title: County Judge Date:_____________________________ CITY OF CORPUS CHRISTI ATTEST __________________________________ By:_________________________________ Rebecca Huerta Peter Zanoni City Secretary City Manager APPROVED AS TO FORM: This____ day of ___________2020 __________________________________ Gabriel A. Rodriguez, Assistant City Attorney For City Attorney DATE: October 30, 2020 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Deputy Director of Asset Management CharlesM2@cctexas.com (361) 826-1941 CAPTION: Ordinance authorizing a one year lease with Sinister, LLC with monthly rent of $100 including an option to extend for four additional one year terms with monthly rent of $300 for use of the city owned property located at 1401 Leopard Street for a parking l ot. SUMMARY: The purpose of this item is to enter into an agreement with Sinister Off Road , LLC for use of a parking lot on 1401 Leopard Street in an amount of $100 per month. This vacant parking lot will provide an opportunity for the City to gain revenue in addition to maintenance of the lot. BACKGROUND AND FINDINGS: Sinister Off Road is an automotive, offroad, and custom fabrication shop located on 1400 Leopard Street. With the current construction on Leopard Street, employees from this shop have had to park on the street. Th is lease refers to a City parking lot that has not been in use and is across the street on 1401 Leopard Street. This parking lot will assist the owner by providing a designated area for his employees’ vehicles instead of on the street. In return, the City will gain revenue and maintenance on a parking lot that has been vacant. The key points of the lease are:  One (1) year term with (4) additional one year periods (option periods).  $100 per month rent, on or before the first (1st) day of each month; Rent shall increase to $300 if any additional exercised option period years.  Be solely responsible for the costs of surfa ce maintenance, repairs, mowing and grounds maintenance, and all utilities. City of Corpus Christi and Sinister Off Road Approval of Lease Agreement. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting November 10, 2020 Second Reading Ordinance for the City Council Meeting November 17, 2020  The premise will serve as a parking lot only, and for no other purpose.  May not assign this lease or sublet without consent of the City.  Shall not make alterations, additions, or structural changes without prior written consent and approval of the City.  Responsible for the towing of unauthorized vehicles on leased property. ALTERNATIVES: An alternative would be to not lease the parking lot to Sinister Off Road. However, this will provide an opportunity for the City to gain revenue in addition to maintenance on a parking lot that has been vacant. FISCAL IMPACT: A total of $1,200 will be the annual amount of rent for this agreement in the first year. FUNDING DETAIL: Fund: 1020 Organization/Activity: Mission Element: Project # (CIP Only): Account: 343400 Cost: $1,200 RECOMMENDATION: Staff recommends approval of ordinance authorizing a one year lease with Sinister, LLC with monthly rent of $100 including an option to extend for four additional one year terms with monthly rent of $300 for use of the city owned property located at 1401 Leopard Street for a parking lot. LIST OF SUPPORTING DOCUMENTS: Lease agreement Ordinance Ordinance authorizing a one year lease with Sinister, LLC with monthly rent of $100 including an option to extend for four additional one year terms with monthly rent of $300 for use of the city owned property located at 1401 Leopard Street for a parking lot. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. That the City Manager or designee is authorized to execute a one year lease agreement with Sinister, LLC for the use of city owned property located at 1401 Leopard Street, with monthly rent of $100 and an option to extend for four additional one year terms with monthly rent of $300. A copy of the Agreement is on file with the City Secretary. The agreement may be extended for four additional one year terms with prior approval of the City Manager. 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 ______________ Vacant ________________ 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 ______________ Vacant ________________ 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 PARKING LOT LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SINISTER, LLC This Lease Agreement ("Lease") is entered into this _____day of ___________, 2020 by and between the CITY OF CORPUS CHRISTI, a Texas Home Rule Municipality, hereinafter referred to as the "City", and the SINISTER OFF ROAD LLC, a Texas limited liability company, hereinafter referred to as the "Lessee". WHEREAS, City owns title to certain real property and improvements thereon, a parking lot with parking spaces, located on the property bounded by Leopard and Sam Rankin Streets, Corpus Christi, Nueces County, Texas, known as “1401 Leopard Street” and legally described as JONES N17.9' OF LTS 1, 2, 3, ALL OF LTS 11 & 12 BK 10 AKA TR A, as shown on "Exhibit A", attached hereto and incorporated herein for all purposes; and WHEREAS, Lessee desires to lease 1401 Leopard Street, as marked in Exhibit A, ("Leased Premises') for parking purposes; and NOW THEREFORE, in consideration of the mutual covenants in this agreement, the City and Lessee hereby agree as follows: Section 1. TERM: The term of this Lease is for one (1) year, beginning on the date of City Council approval (commencement date). The parties may mutually extend the term of this agreement for up to 4 additional one-year periods (option periods), provided, the parties do so in writing and prior to the expiration of the original term or the then-current option period. The City’s extension authorization must be executed by the City Manager or designee. After the fourth option period has ended the Lessee may remain as a holdover tenant under the most recent terms of this agreement. Section 2. RENT: The Lessee agrees to pay the City the sum of $100 per month as rent, which shall be due and payable without demand or notice on or before the first (1st) day of each month during the term of this Lease, beginning on the Commencement Date. The Rent shall then increase to $300 in any additional exercised option period years. Section 3. DESCRIPTION OF PROPERTY: City leases to Lessee that certain property owned by City bounded by Leopard and Sam Rankin Streets known as “1401 Leopard Street” and legally described as JONES N17.9' OF LTS 1, 2, 3, ALL OF LTS 11 & 12 BK 10 AKA TR A , as described in Exhibit A, for use as a parking lot. Section 4. USE: Except with the prior written consent of the City, the Lessee shall use the Leased Premises as a parking lot only, and for no other purpose. Vehicles awaiting repair or pickup may not be stored on the Leased Premises. Section 5. ASSIGNMENT: The Lessee may not assign this Lease or sublet any portion of the Leased Premises without the written consent of the City. Section 6. SURFACE MAINTENANCE: The Lessee agrees to keep the surface of the Leased Premises in good repair and maintenance during the term of this Lease. Notwithstanding the foregoing, the Lessee will be solely responsible for the costs of surface maintenance and repairs. Lessee also agrees to professionally clean up any fluid leaks and/or chemical stains left as a result of usage of the Leased Premises. Section 7. MOWING AND GROUNDS MAINTENANCE: The Lessee agrees to mow and maintain the grounds for the Leased Premises. Section 8. UTILITIES: The Lessee agrees to provide the water, electric and lighting for the Leased Premises. Section 9. ALTERATIONS: The Lessee shall not make any alterations, additions, or structural changes to the Premises without the prior written consent and approval of the City, Asset Management Department, Facilities Division. Any alterations, additions, or structural changes, if approved, shall remain a part of the Premises at the conclusion of the term of this Lease. Section 10. TOWING ENFORCEMENT: All parking spaces on the leased Property must have proper signage and identifying paint before towing can commence. Lessee will be responsible for the towing of unauthorized vehicles on leased Property. Any towing conducted must be in compliance with State law. Section 11. INSURANCE: On or before the Effective Date, the Lessee must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager. 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 Exhibit B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Section 12. INDEMNIFICATION: Lessee shall assume all risks incident to the use of the leased Property as a parking lot and shall fully indemnify, save, and hold harmless the City, its officers, employees, and agents (“Indemnitees”) against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers’ compensation and death claims), or property loss or damage of any kind, 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 Lessee’s activities or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Lessee must, at its own expense, inves tigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kin d arising from the liability, damage, loss, claims, demands, or actions. Section 13. NOTICE: Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: To City: To Lessee: City of Corpus Christi Sinister, LLC Attn: Director of Asset Management Attn: Owner P.O. Box 9277 1400 Leopard Street Corpus Christi, Texas 78469 Corpus Christi, Texas 78401 Section 14. DEFAULT REMEDIES: The Lessee hereby agrees that if the Lessee defaults in the payment of rent or violates any other covenant of this Lease, then this Lease may be forfeited at the City's discretion if such default continues for a period of thirty (30) days after the City notifies the Lessee in writing of any such default and the City's intention to declare this Lease forfeited. Unless the Lessee has completely removed or cured the default within thirty (30) days of receiving such notice, this Lease shall cease and the City shall be entitled to immediately re-enter and retake possession of the Premises. Section 15. TERMINATION: A. Lessee shall have the right to terminate this Agreement by giving City thirty (30) days’ prior written notice of the date of termination, in which case all obligations on the part of Lessee shall also terminate as of the date of termination, so long as the Property is returned in same or better condition as upon the Effective Date, normal wear and tear excepted. If the Property is not in such conditi on, Lessee shall repair the Property to such condition within sixty days after termination of this Agreement. B. If there is noncompliance with one or more of the provisions contained herein, either party may give written notice to the other party to cure or begin curing the default(s) within ten days of receipt of notice. If there is not compliance or substantial compliance with each provision identified within ten days of receiving said notice, the complying party may terminate this Agreement for cause by providing written notice of termination to the noncomplying party and listing one or more areas of continued noncompliance. C. City shall have the right to terminate the Agreement at will by giving Lessee thirty (30) days’ prior written notice of the date of termination. Section 16. QUIET ENJOYMENT: As long as the Lessee performs all of the covenants and conditions of this Lease, the Lessee shall have peaceful and quiet enjoyment of the Leased Premises for the term of this Lease. Section 17. PROPERTY OF CITY: Upon expiration of this Agreement, or upon termination thereof for any reason, all buildings, improvements, and fixtures placed on the Property by Lessee shall become property of City. Section 18. LANDLORD/TENANT: It is specifically agreed and understood that the parties intend and do hereby create a landlord/tenant relationship, and this Agreement shall be construed conclusively in favor of that relationship. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, shall be deemed to create any relationship between the parties herein other than that of Landlord and Tenant. Section 19. GOVERNING LAW AND VENUE: This lease shall be governed by, construed, and enforced in accordance with the laws of The State of Texas. Venue for any legal action related to this Agreement is in Nueces County, Texas. Section 20. ADVERTISING AND SIGNAGE: The Director has the right to prohibit any advertising and/or signage by Lessee at the Property which impairs the reputation of the Property or the City. Section 21. NON-DISCRIMINATION: Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs related to this Agreement, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. Section 22. COMPLIANCE WITH LAWS: Lessee must comply with all applicable Federal, State, County, and City laws, rules, regulations, and ordinances which may be applicable to its operation at the Property and its performance under this Agreement. This Agreement is also subject to applicable provisions of the City Charter. Section 23. AUTHORIZATION: It is understood that this Lease is not binding on the Lessee until properly authorized by the City Council of the City of Corpus Christi, Texas and executed by the City Manager or designee. Section 24. FORCE MAJEURE: No party to this Agreement will be liable for failures and delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 25. AMENDMENTS: No changes or modifications to this Lease Agreement shall be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. This Lease Agreement supersedes all previous agreements between the parties. Section 26. DISCLOSURE OF INTERESTS: In compliance with Section 2-349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit C, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. Section 27. CERTIFICATE OF INTERESTED PARTIES: Lessee 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. Section 28. ENTIRETY CLAUSE: This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreeme nts, promises, representations, and understandings, oral or otherwise, which reference to the subject matter hereof, unless contained in this Agreement are expressly revoked, as the parties intend to provide for a complete understanding within the provisio ns of this Agreement and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and relating to Lessees use of the Premises. Remainder of page intentionally left blank; signature page to follow. Each party to this Agreement has caused it to be executed on the date indicated below , both of which hereby represent that the signatures to this Agreement, below, are of those persons with the capacity and authority to legally bind the parties. CITY OF CORPUS CHRISTI ATTEST: _________________________________ ______________________________ Peter Zanoni, City Manager Rebecca Huerta, City Secretary __________________________________ Date APPROVED AS TO LEGAL FORM __________________________________________ Assistant City Attorney Date SINISTER, LLC. __________________________________ __________________________________ Printed Name __________________________________ Title __________________________________ Date STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on _____________________, 2020, by _____________________________, _____________ on behalf of the company. ________________________________ Notary Public, State of Texas EXHIBIT A Property Description 1401 Leopard Street, Corpus Christi, Texas 78401 and further demarcated in the photograph below. EXHIBIT B INSURANCE REQUIREMENTS I. LESSEE’S LIABILITY INSURANCE A. Lessee must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any sublessee, to commence work until all similar insurance required of the sublessee has been obtained. B. Lessee must furnish to the City’s Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Lessees 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate PROPERTY INSURANCE Lessee shall be responsible to insure all owned, leased and rented property utilized in parking lot. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions:  List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy;  Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy;  Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and  Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its sublessee’s performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non -contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Legal Dept. Parking Lot Lease Agreement 07/06/2018 sw Risk Management EXHIBIT C CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: ____________________________________________________________ STREET ADDRESS: ________________________________ P.O. BOX: ________________ CITY: ________________________________ STATE: ____________ ZIP: _______________ FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other ______________________________ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each “employee” of the City of Corpus Christi having an “ownership interest” constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known) 2. State the names of each “official” of the City of Corpus Christi having an “ownership interest” constituting 3% or more of the ownership in the above named “firm.” Name Title 3. State the names of each “board member” of the City of Corpus Christi having an “ownership interest” constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or Committee 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Title: Signature of Certifying Person: Date: DEFINITIONS a. “Board member.” A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT 4-B INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 PROPERTY INSURANCE Lessee shall be responsible to insure all owned, leased and rented property utilized in parking lot. C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions:  List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy;  Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy;  Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and  Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit - Legal Lease Agreement – Parking Lot 11/4/2020 Risk Management – Legal Dept. DATE: November 10, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis Heatherh3@cctexas.com 361-826-3227 CAPTION: Ordinance accepting and appropriating $3,285,000 from the Coronavirus Relief Fund (“CRF”), established by the CARES Act and provided through the State of Texas, for prevention, preparation for, and response to the COVID-19 pandemic; and approving a transfer of allocation of $415,000 to Nueces County from the City’s $17,960,470 CRF specifically for expenses for the operation of the Amistad COVID Clinic and the purchase of air filtration equipment for Nueces County buildings. 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. This agenda item appropriates the remaining $3,285,000 for a total appropriation of $14,145,470 to support City expenses and programs related to the public health emergency. Per Section 1.7 of the CARES Act, Jurisdictional Cooperation of the Coronavirus Relief Fund Terms and Conditions, a city can yield any portion of its allocated funds to the county within which it exists. This agenda item will yield $415,000 of the City of Corpus Christi’s allocated funds to Nueces County. By doing so, the funds will be deobligated from the City in the eyes of Texas Department of Emergency Management (TDEM), and Nueces County will then be responsible for the proper use and compliance of the funds. BACKGROUND AND FINDINGS: Ordinance appropriating Coronavirus Relief Funds and approving a transfer of $415,000 these funds to Nueces County for the Amistad COVID Clinic and air filtration equipment related to the COVID-19 public health emergency AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 1 0, 2020 Second Reading Ordinance for the City Council Meeting of November 17, 2020 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. 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). County allocations were calculated based on the population in the unincorporated areas of the county. Nueces County has been allocated up to $830,665 (15,103 x $55 per person). The guidance encourages cities and counties to work together to address expenses that cross jurisdictional lines. Nueces County has identified existing and potential allowable COVID-19 related costs in excess of their $830,665 CRF allocation from the State of Texas and has requested for the City of Corpus Christi to transfer a portion of the City’s allocation to Nueces County. An allocation amount of $3.2 million was calculated by taking Nueces County’s expenses in support of the public health emergency for the five-month period from March through July 2020 of $2,013,082 and doubling it in anticipation of expenses for the remaining five months of the year. Nueces County’s total estimated expenses of $4,026,164 reduced by the $830,665 that the County was originally allocated by the State of Texas for a total request of $3,195,499 – rounded to $3,200,000. The City Council approved this allocation to the County in August. With the initial $3.2 million allocation to the County and the City’s expected costs totaling $10.8 million by December 30, 2020, an amount of $3.9 million remained from the City’s $17.9 million allocation for additional assistance and future costs. In September, the City transferred $200,000 to Nueces County in support of public messaging for the public health emergency. The City recommends transferring an additional $415,000 to Nueces County. This amount will cover the estimated operation cost of $250,000 for the Amistad COVID Clinic for services beginning in August and continuing until December 30, 2020 when the grant period ends. The additional $1 65,000 is for air filtration systems in Nueces County facilities which will provide additional filtration of air when it is circulated through the HVAC system. The allocation of funds from the City to the County is allowable under Section 1.7 of the CARES Act, Jurisdictional Cooperation of the Coronavirus Relief Fund Terms and Conditions, which states that a city can yield any portion of its allocated funds to the county within which it exists. If the City yields any portion of the funds to the Nueces County, the funds will be deobligated from the City and then allocated to the County. The County must spend the funds according to the regulations specified in the CARES Act. This City needs to appropriate the remaining allocation of $3,285,000 for expenses incurred as a result of the public health emergency. City Council approved the appropriation of the initial 20% allocation totaling $3,592,094 in June. In September an additional $7,268,376 was appropriated totaling $10.8M to reimburse for current and future expenses related to the public health emergency. The remaining $3.2M of the grant funds will be used to fund expenses and programs including E-learning equipment for school districts, air filtration systems in City Buildings, building modification and furniture to provide social distancing and employee protection, and equipment and supplies needed by the Health Department and other City departments in support of the public health emergency. ALTERNATIVES: The City could choose not to allocate the requested amount or allocate a lesser amount to the County. FISCAL IMPACT: The City will reimburse existing COVID-19 related expenditures with these funds and will continue to update the action plan to ensure all funds are utilized appropriately. The City’s entire allocation $17,960,470 less the $3,815,000 allocated to Nueces County will be recorded in a grant fund (Fund 1063 Emergency Management Grant Fund) and managed accordingly to comply with all federal requirements. Funding Detail: Fund: 1063 Emergency Management Grant Fund Organization/Activity: 690001F CARES Act CRF Grant Mission Element: N/A Project # (CIP Only): N/A RECOMMENDATION: City staff recommends appropriating the remaining funds allocated through the Coronavirus Relief Funds and approving the transfer of $415,000 from the City’s allocation from the State of Texas of Coronavirus Relief Funds established by the CARES Act to Nueces County for expenses in support of the Amistad COVID Clinic and air filtration equipment related to the prevention, preparation for, and response to the COVID- 19 public health emergency. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance accepting and appropriating $3,285,000 from the Coronavirus Relief Fund (“CRF”), established by the CARES Act and provided through the State of Texas, for prevention, preparation for, and response to the COVID-19 pandemic; and approving a transfer of allocation of $415,000 to Nueces County from the City’s $17,960,470 CRF specifically for expenses for the operation of the Amistad COVID Clinic and the purchase of air filtration equipment for Nueces County buildings. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Financial assistance in the amount of $3,285,000 from the Coronavirus Relief Fund (“CRF”), established by the CARES Act and provided through the Texas Department of Emergency Management, is accepted and appropriated in the No. 1063 Emergency Management Grants Fund for expenditures related to prevention, preparation for, and response to the COVID-19 pandemic; and a transfer of allocation to Nueces County of $415,000 from the City’s $17,960,470 CRF is approved specifically for expenses for the operation of the Amistad COVID Clinic and the purchase of air filtration equipment for Nueces County buildings, with the City Manager, or his designee, authorized to execute all documents necessary, including an agreement with Amistad on behalf of the Health District, to complete the allocation. 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 _____________ 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 OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE: November 17, 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 CAPTION: Resolution authorizing a three-year service agreement for mowing and grounds maintenance services for Storm W ater near Ocean Drive with Olympia Landscape Development, Inc. of Laredo, Texas, in an amount not to exceed $83,160.00; with FY 2021 funding available from the Storm Water Fund. SUMMARY: This resolution authorizes a three-year service agreement with Olympia Landscape Development, Inc. for mowing and grounds maintenance services for Storm Water street right of ways for Group 6. These services are necessary to maintain high traffic areas highly visible and presentable at all times. BACKGROUND AND FINDINGS: Mowing and grounds maintenance ensures that grounds at each site are clean, visible, secure and presentable at all times. This contract is to maintain Group 6 right of way areas of the City’s streets, including medians and triangles on Ocean Drive. The previous contract was for a term of three-years for a cost not to exceed $89,877.03 for four-monthly cycles with a total acreage amount of 338 acres. This new contract acreage amount has decreased to 307.60 acres for each year with two monthly cycles, decreasing the overall cost from the previous year by $6,717.03. Mowing and Grounds Maintenance for Storm Water Group 6 AGENDA MEMORANDUM Action Item for the City Council Meeting November 17, 2020 The Contracts and Procurement Department conducted a competitive request for bid (RFB) process to obtain bids for a new long-term contract. The City received five responsive, responsible bids and is recommending the award to Olympia Landscape Development Inc., as the lowest responsive, responsible bidder. Olympia Landscape Development Inc. is currently performing mowing services daily at local store areas throughout the City and if awarded this Contract, staff is already stationed here locally to perform services. ALTERNATIVES: An alternative would be to hire City staff and purchase additional equipment to do the work in-house. Based on previous expenditures through Public Works, to execute the same or similar work with in-house crews would be an estimated startup cost of $468,547.00 and an estimated $249,867.00 for yearly salaries and benefits. Currently the department does not have the appropriate staffing levels or equipment to maintain the areas. FISCAL IMPACT: This fiscal impact in FY 2021 is an estimated amount of $25,500.00 for the first year of this three-year service agreement with funding available from the Storm Water Fund. The remaining estimated amount of $57,660.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4300 Storm Water Organization/Activity: 32001 Storm Water Vegetation Management Mission Element: 043 Drainage Infrastructure – Surface / Pipe Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance RECOMMENDATION: Staff recommend approval of this resolution authorizing a three-year service agreement with Olympia Landscape Development, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreement Power Point Presentation Map Page 1 of 3 Resolution authorizing a three-year service agreement for mowing and grounds maintenance services for Storm Water near Ocean Drive with Olympia Landscape Development, Inc. of Laredo, Texas, in an amount not to exceed $83,160.00; with FY 2021 funding available from the Storm Water Fund. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method a uthorized by State law and the Charter of the City of Corpus Christi (“City”); WHEREAS, the City received bids for mowing services for storm water street right of ways for Group 6, in response to Bid No.3234 of which only the lowest responsive, responsible bidder may be awarded a mowing and grounds maintenance services contract (“contract”); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or se rvices, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bids No.3234 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for mowing services for storm water street right of ways Group 6 is Olympia Landscape Development, Inc. of Laredo, Texas, for an amount not to exceed $83,160.00 and; WHEREAS in the event the lowest responsive, responsible bidder of any group fails to execute the awarded contracts or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement for mowing and grounds maintenance services for the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that Olympia Landscape Development, Inc. is the lowest responsive, responsible bidder for mowing services for storm water street right of ways for Group 6 and is awarded a contract for an amount not to exceed $83,160.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Page 2 of 3 Section 4. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidders in accordance with the terms an d conditions stated in Bid No.3234. Furthermore, in the event the lowest responsive, responsible bidder fails to execute the contract for the respective awarded group(s) or fails to perform under an executed contract for the awarded group(s), the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term for any group number with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement mowing and grounds maintenance services for the City. Page 3 of 3 PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Rolando Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi Contracts and Procurement Department Buyer: Sandra Rodriguez Bid Tabulation RFB No. 3234 Mowing Services for Storm Water Street Right of Ways for Group 6 Item Description Acres Cycle Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price 1 Mowing for Group 6 Year 1 7.70 40 $ 693.00 $ 27,720.00 $ 750.00 $ 30,000.00 $ 993.00 $ 39,720.00 $ 1,031.80 $ 41,272.00 $ 1,200.00 $ 48,000.00 2 Mowing for Group 6 Year 2 7.70 40 $ 693.00 $ 27,720.00 $ 750.00 $ 30,000.00 $ 993.00 $ 39,720.00 $ 1,031.80 $ 41,272.00 $ 1,200.00 $ 48,000.00 3 Mowing for Group 6 Year 3 7.70 40 $ 693.00 $ 27,720.00 $ 750.00 $ 30,000.00 $ 993.00 $ 39,720.00 $ 1,031.80 $ 41,272.00 $ 1,200.00 $ 48,000.00 $ 83,160.00 $ 90,000.00 $ 119,160.00 $ 123,816.00 $ 144,000.00 GRAND TOTAL Coastal, LLC Corpus Christi, TX Lawn in Order Corpus Christi, TX Olympia Landscape Development, Inc. Laredo, TX Triple G Lawn Services LLC Corpus Christi, TX Tony's Lawn Service dba Juan A. Galnarez Rockport, TX Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 3234 Mowing Services for Storm Water Street Right of Ways for Group 6 THIS Mowing Services for Storm Water Street Right of Ways for Group 6 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Olympia Landscape Development, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing Services for Storm Water Street Right of Ways for Group 6 in response to Request for Bid/Proposal No. 3234 (“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 Mowing Services for Storm Water Street Right of Ways for Group 6 (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-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 $83,160.00, 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. DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Patrice Aubert Department: Street Operations Phone: 361-826-1699 Email: PatriceA@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 DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. 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. DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Patrice Aubert Title: Work Coordinator Address: 2525 Hygeia Street, Corpus Christi, Texas 78415 Phone: 361-826-1699 Fax: N/A IF TO CONTRACTOR: Olympia Landscape Development, Inc. Attn: Elena C. Moreno DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 Title: Vice Presiden/ Operations Address: P.O.Box 450347, Laredo, Texas 78045 Phone: 956-712-9800 Fax: 956-712-8881 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. DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 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. 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 DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 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. 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: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3234 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Vice President of Operations 10/14/2020 Elena Moreno Page 1 of 10 ATTACHMENT A: SCOPE OF WORK 1.General Requirements/Background Information The Contractor shall provide mowing and grounds maintenance services for street rights-of-way, circles, and medians including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. Grounds at each site are always to be safe and presentable. 2.Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming. 1.The Contractor and all related employees shall attend an orientation prior to the term of the contract at the following location 2525 Hygeia, Corpus Christi, TX, 78415. 2.Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to ensure the removal of objects, which may cause injury, if thrown from equipment. 3.After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor’s expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. However, if the debris is too large to haul, the Contractor shall pile the debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4.Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. A.Mowing and Trimming 1.Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Page 2 of 10 2.at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 3.Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4.String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5.Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6.All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. Contractor MUST NOT sweep or blow any grass clippings or leaves into the streets, gutters or other portions of the storm water system including ditches and storm drains. 7.Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, fire hydrants including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 8.At the time of each mowing, the Contractor shall remove “sucker” growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. B.Edging 1.String line trimming is acceptable for general monthly maintenance. 2.The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Page 3 of 10 3. Work Site and Conditions A.The work shall be performed at locations throughout the City as defined by group. See Exhibit A for locations. B.Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide grounds maintenance only in appropriate months and in accordance with the City’s cycle requirements. Changes in such work schedules must be sent to the Contract Administrator or designee for approval. C.Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator to ensure there is no interference with activities, rentals or special events. Cycle Description: ROW/ Storm Water Group 6 Non – Growing Season (November – February) 2 cuts per month = 8 cycles *The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two cycles per month. **Cycle 1 -1st-15th **Cycle 2 -16th – to end of month. Growing Season (March – October) 4 cuts per month = 32 cycles *The Contractor shall schedule mowing cycles 6-8 days. Total overall Cycles = 40 D.Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E.Ozone Warning Days: 1.No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2.All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Page 4 of 10 3.Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee, and received permission to proceed with work order. 4.Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee and received permission to proceed with work order. 4.Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5.Safety Requirements A.Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes there to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. B.Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6.Equipment A.All Contractor’s grounds maintenance equipment must be equipped with safety devices which conform to manufacturer’s standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall always be maintained to provide a DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Page 5 of 10 clean sharp cut of vegetation. All equipment shall be inspected and approved by the Contract Administrator before and or during the duration of the Contract. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60” or larger, blade edger, string line trimmers and blowers. B.Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 7.Security and Protection of Property A. Security Requirements: 1.The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2.The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1.The Contractor shall take proper measures to protect all property which might be damaged by Contractor’s Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor’s own expense the damaged property to a condition similar or equal to that existing before such damage was done, or shall make good such damage in an acceptable manner. 2.All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 8.Notifications and Inspections A.Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If the locations listed on the approved schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 p.m. the day the location(s) were missed. No work shall be started without proper, prior notification. DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Page 6 of 10 B.A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00 a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for re-inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contract will not be given credit. For the purpose of this contract, workdays shall include Monday- Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 re-inspection fee will be charged. Failure of the fourth inspection will deem the property un-serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C.The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work a 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D.The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E.Work Crew Supervision: The Contractor shall always provide qualified supervision of each crew while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be enough cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F.Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G.The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Page 7 of 10 when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Revised 02.21.20 Page 8 of 10 EXHIBIT A – LOCATIONS ID Area Location Acreage GROUP 6 6 - 1 Ocean Drive Medians From Atlantic to Ennis Joslin 6.13 6 - 2 Alta Plaza Triangles Alta Plaza and Ocean Drive 0.19 6 - 3 Ocean Dr. Lot 3642 Ocean Drive 1.00 6 - 4 Ocean Dr. Guardrail Bay side - Marina Del Sol Condos Property line to Emerald Beach Property line 0.38 TOTAL ACRES 7.70 6 - 1 Ocean Drive Medians From Atlantic to Ennis Joslin DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Revised 02.21.20 Page 9 of 10 6 - 2 Alta Plaza Triangles Alta Plaza and Ocean Drive 6 - 3 Ocean Dr. Lot 3642 Ocean Drive DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Revised 02.21.20 Page 10 of 10 6 – 4 Ocean Guardrail Bay side - Marina Del Sol Condos Property line to Emerald Beach Property line DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 ATTACHMENT B: BID AND PRICING SCHEDULE DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 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.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $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 Page 1 of 3 DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 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 suf ficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C.Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. II. ADDITIONAL REQUIREMENTS Page 2 of 3 DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 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 3234, Section 5 Insurance; Bond Section 5(B) is here by void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. Page 3 of 3 DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Page 1of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3234, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: EC51C179-8EC3-44DA-9734-A21A79D75CD2 Group 6 •Ocean Drive Medians 6.13 Acres •Alta Plaza Triangles .19 Acres •Ocean Drive Lot 1.00 Acres •Ocean Drive Guardrails .38 Acres Total 7.70 Acres Ocean Drive Medians – 6.13 Acres Alta Plaza Triangles - .19 Acres Ocean Drive Lot – 1.00 Acres Ocean Drive Guardrail - .38 Acres 2021 CYCLE CALENDER 2021 JANUARY FEBRUARY MARCH APRIL s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MAY JUNE JULY AUGUST s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SEPTEMBER OCTOBER NOVEMBER DECEMBER s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Cycles per year -40 Growing Season Every Week March to October (5 week months 4 cycles only) Non-Growing Every Other Week November to February DATE: November 17, 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 CAPTION: Resolution authorizing a three-year service agreement for mowing and grounds maintenance services for Storm W ater Rights of W ay for North Beach with Daniel Joe Gonzalez and Alfredo Adoniram Gonzalez dba G Squared of Corpus Christi, Texas, in an amount not to exceed $53,316.00, with FY 2021 funding available from the Storm Water Fund. SUMMARY: This resolution authorizes a three-year service agreement with Daniel Joe Gonzalez and Alfredo Adoniram Gonzalez dba G Squared for mowing services for storm water street right of ways for North Beach. These services are necessary to maintain high traffic areas highly visible and presentable at all times. BACKGROUND AND FINDINGS: Mowing and grounds maintenance ensures that grounds at each site are clean, visible, secure, and presentable at all times. This contract is to maintain areas of right of way areas of the City’s streets, including medians and triangles on North Beach. Previously the City did not have a contract for mowing and grounds maintenance at North Beach. This area will mow 12 cycle per year. This area was maintained by in-house crews. This contract is necessary as the department has identified a safety concern for City workers and other motorists with transporting large tractors over the Harbor Bridge. Additionally, the department currently does not have the appropriate staffing levels or Mowing Services for Storm Water Street Right of Ways for North Beach AGENDA MEMORANDUM Action Item for the City Council Meeting November 17, 2020 equipment to maintain the areas. The Contracts and Procurement Department conducted a competitive request for bid (RFB) process to obtain bids for a long-term contract. The City received four bids and is recommending the award to Daniel Joe Gonzalez and Alfredo Adoniram Gonzalez dba G Squared, as the lowest responsive, responsible bidder and is a new bidder registered with the State. ALTERNATIVES: An alternative would be to hire additional City staff and purchase equipment to do the work in-house. Based on previous expenditures through Public Works, to execute the same or similar work with in-house crews would be an estimated startup cost of $468,547.00 and an estimated $249,867.00 for yearly salaries and benefits. FISCAL IMPACT: This fiscal impact in FY 2021 is an estimated amount of $16,500.00 for the first year of for this three-year service agreement with funding available from the Storm Water Fund. The remaining estimated amount of $36,816.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4300 Storm Water Organization/Activity: 32001 Storm Water Vegetation Management Mission Element: 043 Drainage Infrastructure – Surface/Pipe Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance RECOMMENDATION: Staff recommends approval of this resolution authorizing a three-year service agreement with Daniel Joe Gonzalez and Alfredo Adoniram Gonzalez dba G Squared, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreement Power Point Presentation Map Page 1 of 3 Resolution authorizing a three-year service agreement for mowing and grounds maintenance services for Storm Water Rights of Way for North Beach with Daniel Joe Gonzalez and Alfredo Adoniram Gonzalez dba G Squared of Corpus Christi, Texas, in an amount not to exceed $53,316.00, with FY 2021 funding available from the Storm Water Fund. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi (“City”); WHEREAS, the City received bids for mowing services for storm water street right of ways for North Beach, in response to Bid No.3231 of which only the lowest responsive, responsible bidder may be awarded a mowing and grounds maintenance services contract (“contract”); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bids No.3231 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for mowing services for storm water street right of ways North Beach is Daniel Joe Gonzalez and Alfredo Adoniram Gonzalez dba G Squared of Corpus Christi, Texas, for an amount not to exceed $53,613.00 and; WHEREAS in the event the lowest responsive, responsible bidder of any group fails to execute the awarded contracts or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement for mowing and grounds maintenance services for the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that Daniel Joe Gonzalez and Alfredo Adoniram Gonzalez dba G Squared is the lowest responsive, responsible bidder for mowing services for storm water street right of ways for North Beach and is awarded a contract for an amount not to exceed $53,316.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Page 2 of 3 Section 4. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidders in accordance with the terms an d conditions stated in Bid No.3231. Furthermore, in the event the lowest responsive, responsible bidder fails to execute the contract for the respective awarded group(s) or fails to perform under an executed contract for the awarded group(s), the City Mana ger, or designee, is authorized to execute a contract for the remainder of the contract term for any group number with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement mowing and grounds maintenance services for the City. Page 3 of 3 PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Rolando Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi Bid Tabulation Contracts and Procurement Department RFB No. 3231 Buyer: Sandra Rodriguez Mowing Services for Storm Water Street Right of Ways for North Beach Description Acres Cycle Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Mowing for North Beach Year 1 19.05 12 $ 1,481.00 $ 17,772.00 $ 1,714.50 $ 20,574.00 $ 2,552.70 $ 30,632.40 $ 3,325.00 $ 39,900.00 Mowing for North Beach Year 2 19.05 12 $ 1,481.00 $ 17,772.00 $ 1,714.50 $ 20,574.00 $ 2,552.70 $ 30,632.40 $ 3,325.00 $ 39,900.00 Mowing for North Beach Year 3 19.05 12 $ 1,481.00 $ 17,772.00 $ 1,714.50 $ 20,574.00 $ 2,552.70 $ 30,632.40 $ 3,325.00 $ 39,900.00 $ 53,316.00 $ 61,722.00 $ 91,897.20 $ 119,700.00 GRAND TOTAL Lawn in Order Corpus Christi, TX Daniel J. Gonzalez and Alfredo A. Gonzalez dba G Squared Corpus Christi , TX Olympia Landscape Development, Inc. Laredo, TX Coastal, LLC Corpus Christi, TX Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 3231 Mowing Services for Storm Water Street Right of Ways for North Beach THIS Mowing Services for Storm Water Street Right of Ways for North Beach Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Daniel Joe Gonzalez and Alfredo Adoniram Gonzalez dba G Squared (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing Services for Storm Water Street Right of Ways for North Beach in response to Request for Bid/Proposal No. 3231 (“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 Mowing Services for Storm Water Street Right of Ways for North Beach (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-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 $53,316.00, 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. DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Patrice Aubert Department: Street Operations Phone: 361-826-1699 Email: PatriceA@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 DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. 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. DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Patrice Aubert Title: Work Coordinator Address: 2525 Hygeia Corpus Christi, Texas 78415 Phone: 361-826-1699 Fax: N/A IF TO CONTRACTOR: Daniel Joe Gonzalez and Alfredo Adoniram Gonzalez dba G Squared Attn: Alfredo Gonzalez DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 Title: Owner Address: 425 Westgate Dr., Corpus Christi, TX 78408 Phone: 361-947-0624 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. DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 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. 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 DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 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. 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: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3231 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Alfredo Gonzalez 10/13/2020 Co Owner Page 1 of 8 ATTACHMENT A: SCOPE OF WORK 1. General Requirements The Contractor shall mow storm water street right-of-way in accordance with the Storm Water Department's maintenance operations of the Storm Water Drainage Collection System. All areas are located within the City limits of the City of Corpus Christi. Please reference Exhibit 1, North Beach. 2. Scope of Work A.Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags. grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to ensure the removal of objects, which may cause injury, if thrown from equipment. B.Mowers shall be adjusted for a cutting height of approximately five inches. C.Cycle Description: 1.Street Right-of-Way and fire breaks - 12 Cycles per year. D.All mowing equipment shall be equipped with sharp blades so as not to tear, but cleanly cut the blades of grass. E.The Contractor shall mow as close as practicable to all fixed objects exercising extreme care not to damage trees, plants, shrubs, fire hydrants, sign and power poles, guardrails, culvert head walls, delineators or other appurtenances which are part of the right-of-way. F.The Contractor shall hand trim around all fixed objects such as trees, plants, shrubs, fire hydrants, sign and power poles, guardrails and culvert head walls, unless specified otherwise and will be subsidiary to the mowing operation. G.The Contractor shall be responsible for notifying the Contract Administrator of large object(s), including, but not limited to furniture, appliances and massive dump sites etc. Any large object(s) which are too large to set aside, shall be mowed around until removal is coordinated by the City. The Contractor shall coordinate the rescheduling of mowing the uncut area with the Contract Administrator. H.After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Page 2 of 8 removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. I.Emergency Mobilization: Under extraordinary conditions, the City may be required to pull the Contractor from an area actively being worked in order to address an emergency situation. The City recognizes this may create a hardship for the Contractor in terms of equipment and personnel costs. Under such authorized emergency mobilizations, the Contract Administrator will authorize the Contractor to charge no more than $75.00 for fuel for each piece of equipment and $50.00 per person, not to exceed $250.00 for labor and equipment in addition to the standard contracted rate for acreage mowed. An "authorized" emergency mobilization is a mobilization initiated by the Contract Administrator. Any unauthorized emergency mobilizations will not be paid for by the City. In addition, the event of an authorized emergency mobilization does not relieve the Contractor of its obligation to maintain the contracted mowing schedule. J.Drought Stipulation: The City intends on establishing a routine scheduled right- of-way mowing program which will control the growth of grass and weeds to an acceptable level. However, the lack of rainfall throughout the contract period may slow the growth of grass and weeds to a level which does not require mowing of the rights- of-way at the predetermined scheduled dates. In the event a drought situation develops at any time throughout the contract period, the Contract Administrator will consult with the Director of Public Works Operations or designee and in turn will direct the Contractor to either continue mowing, mowing on a limited basis or suspend mowing altogether. Cycles which are canceled due to drought conditions will not be made up. 3.Work Site and Conditions A.The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B.Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. C.Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset and the schedule must be approved by the Contract Administrator prior to commencing the mowing program. It is expected that the work will be scheduled effectively throughout the contract period in order to accomplish an overall well managed mowing maintenance program. D.Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Page 3 of 8 E.Mowing will not be permitted when, in the opinion of the Contract Administrator. Soil and weather conditions are such that the rights-of-way will be damaged. Cycles which are canceled due to rainfall will be made up only if needed, as decided by the Contract Administrator. The Contractor will coordinate rescheduling of make-up cycles with the Contract Administrator. F.For Ozone Warning Days the following restrictions apply: 1.No use of chain saws, pole saws, motor scooters and other small engines will be allowed. 2.Diesel powered trimming equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the Contractor has made contact with the Contract Administrator or designee and received permission to proceed with work order. 3.Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the Contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Traffic Control The Contractor shall follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials. devices and safety vests are required to protect the mowers and the traveling public. 6. Equipment A.All mowers must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property by flying debris from under the mower. All mowers shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be inspected and approved by the Contract Administrator before and or during the duration of the Contract. DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Page 4 of 8 B.The Contractor shall provide a minimum of 2- Zero turn 997’s, 2 weed eaters and 1 blower for this work. Bush hogs and Batwing tractors are suggested. C.Contractor shall have sufficient resources and personnel to perform the work as specified. 7. Safety Requirements Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the trimmers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes there to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. 8. Security and Protection of Property A.Security Requirements: 1.The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2.The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. B.Protection of Property: 1.The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, and shall restore at its own expense the damaged property to a condition similar or equal to that existing before such damage was done, or shall make good such damage in all acceptable manner. 2.All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Page 5 of 8 9. Notifications and Inspections A.Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If the locations listed on the approved schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 p.m. the day the location was missed. No work shall be done without proper, prior notification. B.A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00 a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contract will not be given credit. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 fee will be charged. Failure of the forth inspection will deem the property un-serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C.The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. The Contactor will adjust incomplete cycle payments to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D.Work Crew Supervision: The Contractor shall provide qualified supervision of each crew, always while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be enough cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Page 6 of 8 Exhibit 1- North Beach Locations LOCATION NO. ZONE 5 SECTION ACRES 1 Breakwater Ave. Surfside to W. Causeway 0.21 2 Bridgeport Ave. E. Causeway to Timon 0.64 3 Coastal Ave. E. Causeway to Seagull 0.08 4 Elm St. E. Causeway to W. Surfside 0.68 5 Plum St. E. Causeway to Walnut 0.34 6 Walnut St. E. Causeway to W. Causeway 0.26 7 E. Causeway Blvd.Timon to turn Seigler 2.38 8 Seagull Blvd. Breakwater to Plum 1.63 9 E. Causeway Blvd.Breakwater to Plum 0.38 10 W. Surfside Blvd.Breakwater to Plum 0.11 11 Timon Blvd. Breakwater to Pump Station 0.30 12 Golf Pl. Surfside to East Dead End 0.04 13 Kleberg Pl. Surfside to East Dead End 0.08 14 Paul Surfside to East Dead End 0.11 15 Hotel Pl. Surfside to East Dead End 0.16 16 Breaker Ave. Surfside to East Dead End 0.09 17 Bushick Pl. Surfside to East Dead End 0.03 18 Stewart Pl. Surfside to East Dead End 0.18 19 Churchdale E. Causeway to Timon 0.24 20 St. Charles St. E. Causeway to Timon 0.59 21 Tourist Ave. E. Causeway to Timon 0.19 22 Treasure Ave. E. Causeway to Seagull 0.11 23 Gulfspray E. Causeway to Timon 0.18 24 Gulfspray Surfside to East Dead End 0.17 25 Seagull Blvd. Churchdale to Gulfspray 0.50 26 Neal St. Surfside to East Dead End 0.05 27 Hayes St. Surfside to East Dead End 0.16 28 Beach Ave. E. Causeway to East Dead End 0.15 29 Seagull Lane Seagull Blvd to Timon 0.11 30 Reef Ave. Surfside to East Dead End 0.37 31 Gulden St. Surfside to East Dead End 0.26 32 Sandbar Ave. Timon to Gulfbreeze 0.31 33 Gulfbreeze Blvd. Gulfspray to Sandbar 0.88 34 Surfside Blvd. Gulfspray to Gulden 0.02 35 Timon Blvd. Churchdale to E. Causeway turn 3.31 36 E. Causeway Blvd.Churchdale to Timon 1.41 37 W. Causeway Blvd.Schooner Harbor Dr to Burleson 1.28 38 Burleson St. W. Causeway to Railroad Tracks West 1.06 Total Acres 19.05 DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Page 7 of 8 North Beach Locations No.1 - 11 North Beach Locations No.12 - 25 DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Page 8 of 8 North Beach Locations No. 26 - 34 North Beach Locations 34 - 38 DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 ATTACHMENT B: BID AND PRICING SCHEDULE $53,316.00 DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 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.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 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. Page 1 of 3 DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 II.ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C.Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E.Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 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 3231, Section 5 Insurance; bond subsection 5 (B) is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/14/2020 Risk Management – Legal Dept. Page 3 of 3 DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 Page 1of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3231, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: 4450D38A-12C1-45B6-BF58-21FF59C4F912 North Beach ROW – 19.05 AC All locations were being maintained with in house crews. 1 Breakwater Ave.Surfside to W. Causeway 0.21 2 Bridgeport Ave.E. Causeway to Timon 0.64 3 Coastal Ave.E. Causeway to Seagull 0.08 4 Elm St.E. Causeway to W. Surfside 0.68 5 Plum St.E. Causeway to Walnut 0.34 6 Walnut St.E. Causeway to W. Causeway 0.26 7 E. Causeway Blvd.Timon to turn Seigler 2.38 8 Seagull Blvd.Breakwater to Plum 1.63 9 E. Causeway Blvd.Breakwater to Plum 0.38 10 W. Surfside Blvd.Breakwater to Plum 0.11 11 Timon Blvd.Breakwater to Pump Station 0.30 12 Golf Pl.Surfside to East Dead End 0.04 13 Kleberg Pl.Surfside to East Dead End 0.08 14 Paul Surfside to East Dead End 0.11 15 Hotel Pl.Surfside to East Dead End 0.16 16 Breaker Ave.Surfside to East Dead End 0.09 17 Bushick Pl.Surfside to East Dead End 0.03 18 Stewart Pl.Surfside to East Dead Ene 0.18 19 Churchdale E. Causeway to Timon 0.24 20 St. Charles St.E. Causeway to Timon 0.59 21 Tourist Ave. E. Causeway to Timon 0.19 22 Treasure Ave.E. Causeway to Seagull 0.11 23 Gulfspray E. Causeway to Timon 0.18 24 Gulfspray Surfside to East Dead End 0.17 25 Seagull Blvd.Churchdale to Gulfspray 0.50 26 Neal St.Surfside to East Dead End 0.05 27 Hayes St.Surfside to East Dead End 0.16 28 Beach Ave. E. Causeway to East Dead End 0.15 29 Seagull Lane Seagull Blvd to Timon 0.11 30 Reef Ave.Surfside to East Dead End 0.37 31 Gulden St. Surfside to East Dead End 0.26 32 Sandbar Ave.Timon to Gulfbreeze 0.31 33 Gulfbreeze Blvd.Gulfspray to Sandbar 0.88 34 Surfside Blvd.Gulfspray to Gulden 0.02 35 Timon Blvd.Churchdale to E. Causeway turn 3.31 36 E. Causeway Blvd.Churchdale to Timon 1.41 37 W. Causeway Blvd.Schooner Harbor Dr to Burleson 1.28 38 Burleson St.W. Causeway to Railroad Tracks West 1.06 Locations # 1 to # 11 Locations # 12 to # 25 Locations # 26 to # 34 Locations # 35 to # 38 DATE: November 17, 2020 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a five-year service agreement with Grande Communications Networks, LLC in an amount of $195,000.00 for a physical fiber link between the City of Corpus Christi’s information technology (IT) infrastructure in Corpus Christi and the City’s remote back-up data center, effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of $39,000.00 available in the Information Technology Fund. SUMMARY: Approval of the 10 GB circuit service agreement allows Grande Communications to provide a physical fiber link between the City datacenter and remote datacenter. The physical fiber link allows the City to continue replicating backup copies of critical City services at the remote datacenter, which provides a means for Disaster Recovery. The link also allows the City to continue hosting critical City services at the remote location, which provides a means for Business Continuity. BACKGROUND AND FINDINGS: The City is in a region that is at risk of natural disasters. There are also environmental disasters that pose risks to any City. Due to the risks, it is best practice to have a remote datacenter out of the region for Business Continuity and Disaster Reco very purposes. Having a remote datacenter out of the region requires network connectivity back to the City, which will be provided with the 10 GB Circuit service agreement with Grande Communications. The City entered into a one-year agreement in 2019 and is requesting Fiber Link for Disaster Recovery Site AGENDA MEMORANDUM Action Item for the City Council Meeting November 17, 2020 a long-term agreement with Grande Communications. The IT Department requested the Contracts and Procurement Department to issue a contract through the TIPS Purchasing Cooperative. Contracts awarded through the TIPS Purchasing Cooperative have been competitively procured in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative would be not to have a remote datacenter out of the region for Business Continuity and Disaster Recovery purposes. FISCAL IMPACT: The fiscal impact for the Information Technology Department in FY 2021 is an amount not to exceed $39,000.00. The remaining cost will be funded in future years through the annual budget process. FUNDING DETAIL: Fund: 5210 Info Tech Organization/Activity: 40430 IT Network Services Mission Element: 241 Prvd Suprt Technology Infrast. Project # (CIP Only): n/a Account: 530200 Telephone/telegraph/cable TV service RECOMMENDATION: Staff recommends approval of this motion authorizing a five-year service agreement with Grande Communications Networks, LLC. LIST OF SUPPORTING DOCUMENTS: Master Service Agreement Price Sheet SERVICE OGrande C0 TNETWORby Provid“T&Cs”).  them in thCUSTOMECity of CoBILLING A1201 LeopTAX ID Provider srecurring PRODUCTTLS 10 GbNOTES TIPS InforORDER ommunications NeThis Service Order KS, LLC, a Delawareer’s “Standard TerThe T&Cs are incohe T&Cs.  ER orpus Christi ADDRESS pard St, Corpus Chshall provide to Cuinstallation chargeT LINE ITEM b rmation:  CONTRACetworks, LLC / City (this “Service Ordee limited liability coms and Conditionsorporated into this Dristi, TX, 78401, USA ‐ustomer the servicee (“NRC”), and the LOCATION 4700 QuarrTX, 78249, CT: 200105   Technof Corpus Christier”) is entered intoompany (“Providers for Enterprise SerService Order by thDBA SA, , ,  ACCOUNT NUMBER‐  es set forth below monthly recurring A ry Run, San AntoniUSA, , MPOE,  ology Solutions Pro as of the date of lar”), and the customrvices” which are phis reference.  All cR (each, a “Service”service charges (“LOCATION Zo, 5352 Ayers STX, 78415, Uoducts and Serviceast signature belowmer specified belowosted on Provider’capitalized terms uCONTACT Alan CarlosALTERNATREFERENCOP180368 I), at the location(sMRC”) set forth beZ St, Corpus Christi, USA, , ,  Note: Tes w (the “Effective Dw (“Customer”).  Th’s website at https:used but not defineNAME s TIVE CONTACT E  NUMBER INITIAL SERVICE TE60 months ) set forth below (elow: UNITS 1 The charges listed aate”), by and betwhis Service Order is://www.mygrandeed in this Service OCOOMEmBUANERM each, a “Service SiMRC / UNIT TO$3,250.00 $3TOTALS $1above do not includween GRANDE COMs made pursuant to.com/business/starder shall have theONTACT INFO Office:  Mobile: 904 860 661mail: alancarlos@cUSINESS PHONE NACCOUNT SALES RENoel Turner ‐ 7752SEGGoveite”), in exchange fOTAL MRC NRC 3,250.00 $0.00195,000de applicable taxespg10/13/2Service OrdMMUNICATIONS o and will be goverandard‐terms (the e meanings given to18 cctexas.com NUMBER EP 11 MENT ernment for the one‐time, n/ UNIT TOTAL N0 $0.00 $0.00 s, fees and surcharg. 1202der ned o non‐NRC rges.  SERVICE ORDER pg. 2 Grande Communications Networks, LLC / City of Corpus Christi10/13/2020 Important Notice Regarding E911 Service.  The telephone Services provided hereunder are provided by Provider’s Internet Protocol voice network (aka “VoIP”).  Federal Communications Commission rules require that providers of VoIP phone services remind customers of these important E911 facts:  (i) Provider needs a correct service site address in order to deliver accurate location information to E911; (ii) If you move your VoIP phone equipment to a different physical address, you must call Provider immediately to update the location information, otherwise E911 will not have your correct location information on file; (iii) VoIP services operate using the standard electrical power provided to the service site, so unless you have arranged for a back‐up power supply, the Services will be unavailable during a power outage; (iv) You may not be able to make E911 calls if there is a power outage, network outage or other technical problems, or if your phone service is terminated or suspended.  By signing below Customer indicates that Customer has read and understands this notice regarding E911 service. The submission of this Service Order to Customer by Provider does not constitute an offer. Instead, this Service Order will become effective only when both parties have signed it. The date this Service Order is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the Effective Date of this Service Order. \as1\ \ocs1\ Authorized Customer SignatureAuthorized Provider Signature \an1\ \ocn1\ Printed NamePrinted Name \at1\ \oct1\ TitleTitle \ad1\ \ocd1\ Date SignedDate Signed Ryan ThompsonSr. Director Business Services11/10/2020 City of Corpus Christi Sr. Buyer: Minerva Alvarado Item Description Quantity UOM Unit Price Total 1 TLS 10 GB 60 MO $3,250.00 $195,000.00 $195,000.00Total Grande Communications Networks, LLC San Marcos, TX Price Sheet Grande Communications Networks, LLC TIPS Contract 200105 DATE: November 17, 2020 TO: Peter Zanoni, City Manager FROM: Fred Segundo, Director of Aviation Airport Department FredS@cctexas.com (361) 289-0171 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a three-year service agreement with Ronald Edward Stallings, dba Architectural Fence Company of Corpus Christi, in an amount not to exceed $86,850 for maintenance and repairs to 12 VMag gate operators at the Corpus Christi International Airport, effective upon issuance of notice to proceed, with funding in an estimated amount of $30,000.00 available in the FY 2021 Airport Fund. SUMMARY: This Resolution authorizes a three-year service agreement for maintenance and repairs of 12 critical gate operators at the Corpus Christi International Airport (CCIA). This agreement ensures functionality that allows the system the ability to react to authorized personnel entry into secured areas within CCIA. BACKGROUND AND FINDINGS: CCIA has 12 VMag controlled gates that secure access to all entry and exit points on a 24-hour basis and deter unauthorized vehicle traffic. This is the first long-term service agreement for repairs and maintenance of the gate operators, to include quarterly gate inspections, parts, materials, and fabrication services. Additionally, the gates must remain operable at all times to remain in compliance with Federal Aviation Administration (FAA) safety regulations. These services have been obtained from Ronald Edward Stallings, dba Architectural Fence Company of Corpus Christi on an as needed basis by CCIA. Service Agreement for Maintenance and Repairs of VMag Gate Operators AGENDA MEMORANDUM Action Item for the City Council Meeting November 17, 2020 This is a sole source procurement. Ronald Edward Stallings, dba Architectural Fence Company of Corpus Christi is a proprietary vendor that can service the CCIA’s 12 existing type of manufactured VMag gates, with certified technicians. ALTERNATIVES: An alternative is to continue to obtain theses services on an as needed basis, which will not secure a three-year price commitment. Additionally, maintenance and repairs may not be performed on a scheduled basis causing the equipment to operate to failure that can decrease safety and security, which could result in a violation of FAA safety regulations. FISCAL IMPACT: The fiscal impact for CCIA in FY 2021 is approximately $30,000.00. The remaining cost will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 4610 Airport Fund Organization/Activity: 35050 Airport Public Safety Mission Element: 272 Manage Airport Operations Project # (CIP Only): N/A Account: 530230 Equipment Maintenance RECOMMENDATION: Staff recommends approval of this resolution authorizing a three-year service agreement the maintenance and repair of VMag gate operators with Ronald Edward Stallings, dba Architectural Fence Company of Corpus Christi for CCIA as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Service Agreement Page 1 of 2 Resolution authorizing a three-year service agreement with Ronald Edward Stallings, dba Architectural Fence Company of Corpus Christi, in an amount not to exceed $86,850 for maintenance and repairs to 12 VMag gate operators at the Corpus Christi International Airport, effective upon issuance of notice to proceed, with funding in an estimated amount of $30,000.00 available in the FY 2021 Airport Fund. WHEREAS, the services for maintenance and repairs of VMag Gate Operators will be requested by City personnel; WHEREAS, this item is for maintenance and repairs of VMag Gate Operators, to include quarterly inspections, replacement parts and fabrication services at the Corpus Christi International Airport; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to provide to preserve or protect the public health and safety of the municipality’s residents ; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a three-year service agreement with Ronald Edward Stallings, dba Architectural Fence Company of Corpus Christi for maintenance and repairs of VMag gate operators, to include quarterly inspections, parts, materials, and fabrication services, for a total amount not to exceed $86,850.00 Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 202 0: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: ELIZABETH M. RODRIGUEZ PRICE SHEET VMAG Gate Operator Maintenance and Repairs ITEM DESCRIPTION QTY UNIT UNIT PRICE 3 YEAR PRICE TOTAL 1 144 EA 2 Labor- Regular Hours (Monday- Friday 8:00 A.M. - 5 PM)60 HR 3 30 HR 4 Parts/ Materials / Fabrication VMag Quarterly Gate Inspections and Maintenance 12 gates, 4 times each year for 3 years. Cast is per gate. Labor-OT, Weekends and Holidays (Monday - Friday 5:01 PM- 7:59AM , Saturday, Sunday, and Observed City Holidays)135.00$ 4,050.00$ Ronald Edward Stallings, DBA Architectural Fence Company Estimated Spend $ 45,000.00 TOTAL COST 86,850.00$ Mark-up % + /- Total Parts 50,400.00$ 12% 187.50$ 27,000.00$ $ 90.00 5,400.00$ PAGE 1 Service Agreement Standard Form – Airport Page 1 of 8 SERVICE AGREEMENT NO. 3294 VMag Gate Operator Maintenance and Repairs THIS VMag Gate Operator Maintenance and Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Ronald Edward Stallings, dba Architectural Fence Company of Corpus Christi (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide VMag Gate Operator Maintenance and Repairs in response to Request for Bid/Proposal No. 3294 (“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 VMag Gate Operator Maintenance and Repairs (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-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 $86,850.00, 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: DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA Service Agreement Standard Form – Airport Page 2 of 8 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: Gary Gomez, Systems Specialist Aviation Department Phone:(361) 289-0171 x 1225 Email: GaryG@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RF B/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. DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA Service Agreement Standard Form – Airport Page 3 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA Service Agreement Standard Form – Airport Page 4 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gary Gomez System Specialist 1000 International Drive Phone(361) 289-0171 x 1225 E-Mail: GaryG@cctexas.com IF TO CONTRACTOR: Ronald Edward Stallings,dba Architectural Fence Company of Corpus Christi Attn: Ronald Edward Stallings, Owner 216 Indiana Ave. Office: (361) 814-2900 Cell: (361) 960-2910 Fax: (361) 814-0164 E-Mail: rstallings@stx.rr.com DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA Service Agreement Standard Form – Airport Page 5 of 8 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) Termination for Cause. 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) Termination for Convenience. 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. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA Service Agreement Standard Form – Airport Page 6 of 8 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 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. 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 DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA Service Agreement Standard Form – Airport Page 7 of 8 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. 28. Federal Funding Requirements. This project is subject to requirements provided for the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as the FAA, or its designee may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA Service Agreement Standard Form – Airport Page 8 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _____ Kim Baker Director of Contracts and Procurement Date: APPROVED AS TO LEGAL FORM _________________________________________________ Assistant City Attorney 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 Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3294 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA Ronald Edward Stallings Owner 11/3/2020 ATTACHMENT A: SCOPE OF WORK Project Name: VMag Gate Operator Maintenance and Repairs- CCIA Project Address: 1000 International Drive, Corpus Christi, TX 78406 1.0 Scope of Work: City of Corpus Christi’s Aviation Department has 16 gates which include 12 VMag and 4 chain driven gates. The gate operators are important to aviation security and its infrastructure. VMag deters unauthorized access and piggy backing by propelling security gates around the aviation perimeter to close at an 8 feet per second ratio, enhancing security and efficiency. 2.0 Annual Schedule 1. The Contractor will conduct four quarterly inspections and maintenance for twelve gates per year on VMag gate operators for a total of three years. 2. The Contractor will service a total of 144 VMag gates over a span of three years. 3. The Contractor will coordinate with the Contract Administrator or designee to schedule appointments for VMag Gate for maintenance and inspections. 3.0 Inspection Requirements All scheduled VMag Gate Operator inspections shall include: 1. The Contractor will inspect and manually roll gate to verify unrestricted and smooth travel. 2. The Contractor will inspect gate rollers (overhead trucks, cantilever rollers or V track hardware) for damage and/or abnormal wear. 3. The Contractor will Inspect VMag Controller: a. Inspect cabinet for damage/leaks/debris/insects. b. Inspect conduit/connections. c. Check electrical connections to terminal strips. Tighten if necessary. d. Inspect “Keep Alive” batteries. e. Check for leaks/corrosion. f. Check terminal connections. 4. Remove motor assembly end caps to inspect cam rollers for excessive wear & proper reaction fin contact. a. Ensure bottom cam rollers on each end contact the sides of the reaction fin. DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA b. Adjust if necessary. 5. Test all vehicular and safety devices for proper operation. a. Inspect Thru-Beam Photo Eyes i. Inspect for damage/misalignment. Align if necessary. ii. Inspect wiring for breaks/abrasion. iii. Remove cover and inspect for dirt/debris/insects. iv. Clean lens. b. Inspect Secondary “Vehicle Presence Detection” i. Check for proper operation. ii. Verify all programmer settings and reset if necessary. 6. Inspect reaction fin holes and file down flush any protrusions found. 7. Visually inspect reaction fin assembly screws for integrity. Re-apply thread locker to any reaction fin screws that may have come loose. Replace any missing screws. 8. Check & tighten reaction fin hanger bracket bolts. Torque to 11 foot-pounds. Replace any missing bolts/nuts. 9. Check Lock Assembly for freedom of operation. Lock plunger should fall freely when solenoid is de-energized. 10. Replace “Keep Alive Option” batteries every two years. 11. Replace PLC clock battery every 5 years. 12. Submit written report of all findings/recommendations to the Contract Administrator. 4.0 Repairs- Pricing Schedule 1. Prior to any repairs beginning, an estimate must be sent to the Contract Administrator for approval. Receipts for parts are required prior to payment. 2. The Contractor must reference a PO number listed on all invoices prior to payment. 3. Time & Maintenance costs will be billed at the rates listed on the Quote / Pricing schedule shown as Attachment B to this contract. DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA Page 5 of 19 RFQ Revised 4.19.2019 ATTACHMENT B: QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM 1.Refer to “Sample Service Agreement” Contract Terms and Conditions before completing quote.2.Quote your best price, including freight, for each item. 3.In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other vendor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL VMag Quarterly Gate Inspections and Maintenance- 12 gates, 4 times each year for 3 years. Cost is per gate. 144 EA $187.50 $27,000.00 Labor- Regular Hours (Monday – Friday 8AM-5PM) 60 HR $90.00 $5,400.00 Labor- OT, Weekends and Holidays (Monday – Friday 5:01PM-7:59AM, Saturday, Sunday and Observed City Holidays) 30 HR $135.00 $4,050.00 Estimated Spend Mark-up % +/- Total Parts PARTS / MATERIALS / FABRICATION $45,000.00 TOTAL $86,850.00 COMPANY: ARCHITECTURAL FENCE COMPANY OF CORPUS CHRISTI NAME OF PERSON AUTHORIZED TO SIGN: RON STALLINGS ADDRESS: 215 INDIANA AVE CITY / STATE/ZIP: CORPUS CHRISTI, TX 78404 PHONE: 361-814-2900 EMAIL: RSTALLINGS@STX.RR.COM FAX: 800-814-0143 DATE: 8/5/2020 SIGNATURE: TITLE: OWNER THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR 12%$50,400.00 DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA 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.Commercial Broad Form 2.Premises – Operations 3.Products/Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 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. Page 1 DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA 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. Page 2 DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA E.Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. Page 3 DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA Page 1 RFQ Revised 4.19.2019 ATTACHMENT D: WARRANTY REQUIREMENTS Thirty-day warranty on repairs or service/workmanship. The manufacturer’s warranty becomes effective for any products purchased needing to be obtained or purchased for the purpose of replacement parts products under manufacturer warranty. DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA ATTACHMENT E: FEDERAL REQUIREMENTS DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA E.1 GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. E.2 Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows: 1.Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2.Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3.Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4.Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a.Withholding payments to the Contractor under the contract until the Contractor complies; and/or b.Cancelling, terminating, or suspending a contract, in whole or in part. DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA 6.Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. E.3 Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). DocuSign Envelope ID: 8CB063DD-06EC-40EB-BA46-5E1C7A891BAA DATE: November 17, 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 CAPTION: Resolution authorizing a three-year service agreement with OpenSesame, Inc. of Portland, Oregon in an amount of $203,400.00 for the OpenSesame Plus eLearning subscription licenses that provide on-demand access to training for City employees such as HIPAA compliance, supervisory training, and continuing education certifications , with FY 2021 funding in an amount of $67,800.00 available from the General Fund. SUMMARY: This resolution authorizes a three-year service agreement to provide OpenSesame Plus eLearning subscription licenses. The annual subscription offers 3,500+ courses delivered through INFOR Certpoint, Learning Management System (LMS) and is compatible and integrated with the Enterprise Resource Planning software currently being implemented by the City. BACKGROUND AND FINDINGS: The City of Corpus Christi currently has an OpenSesame Plus subscription that offers online training and continuing education courses. There are up to 3,000 licenses available that were approved during the pilot program phase that began in 2015. With the success of this program over the past five years, this service has provided City employees with access to cost-effective training options which keeps the City’s workforce up to date on the latest trainings available. The online course accessibility allows employees to receive the training they need quickly and easily. Courses offered to employees include HIPAA for Business Associates, Succeed as a Supervisor, An Effective Leader’s Guide to Time eLearning Subscription for City Employee Training AGENDA MEMORANDUM Action Item for the City Council Meeting November 17, 2020 Management, Supporting Employees, and Effective Leadership, among others. Over 1,500 courses were completed in FY 2020 and there are hundreds of available course options for continuing education credits which are required in maintaining professional and industry certifications. Since 2015, over 5,000 courses have been completed by City employees. Additionally, an LMS platform will be available in the next 12 months in INFOR which is compatible for OpenSesame integration. The Human Resources Department will begin offering city-wide on-demand access as part of the department’s goal to provide new employee orientation online and access to online trainings. This is a sole source purchase as the program software is unique to OpenSesame, Inc and is the only company authorized to provide the software. For the past four years the City has paid an amount of $67,800.00 and the pricing was extended for this three -year service agreement. ALTERNATIVES: Discontinuing this program would result in an interruption of current employee enrollment of training programs and courses to maintain professional certification requirements. If we were to discontinue an online training program for employees, this would impact City department’s business performance, team morale, financial turnover and the City’s ability to attract and retain high quality employees. Investment in employee training opportunities is critical in maintaining a qualified and skilled workforce and supports an employer’s responsibility to create safe work environments. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $67,800.00 for year one of this three-year service agreement. The remaining cost of $135,600.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 11415 Training Mission Element: 214 Organizational Development & Training Pgms Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement with OpenSesame, Inc. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Master Content Subscription Agreement Sales Order Page 1 of 2 Resolution authorizing a three-year service agreement with OpenSesame, Inc. of Portland, Oregon in an amount of $203,400.00 for the OpenSesame Plus eLearning subscription licenses that provide on-demand access to training for City employees such as HIPAA compliance, supervisory training, and continuing education certifications, with FY 2021 funding in an amount of $67,800.00 available from the General Fund. WHEREAS, OpenSesame, Inc. will provide subscription licenses for the Human Resources Department; WHEREAS, the eLearning subscription licenses will provide on-demand access to training for City employees; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available f rom only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a service agreement for a three-year service agreement with OpenSesame, Inc. for the purchase of eLearning subscription licenses in an amount of $203,400.00. Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Rolando Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor CITY OF CORPUS CHRISTI PRICE SHEET CONTRACTS AND PROCUREMENT DEPARTMENT OpenSesame Plus eLearning Subscription BUYER: Maria Pedraza for Human Resources ITEM DESCRIPTION Users **Monthly User Price Term Months EXTENDED PRICE 1 OpenSesame Complete Subscription 3000 $1.8833 36 $203,396.40 $203,396.40 **Rounded $203,400.00 **The agreed upon annual renewal rate is $67,800 for 3,000 users, which equals a monthly per user price of 1.8833. Contractor rounded this figure which is why it looks slightly different than the overall total. TOTAL OpenSesame, Inc. Portland, Oregon AGENDA MEMORANDUM Action Item for the City Council Meeting of November 17, 2020 DATE: October 26, 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 CAPTION: Motion awarding a professional services contract to Maldonado-Burkett, Corpus Christi, Texas, to design pedestrian safety improvements for seven intersections in the downtown area in an amount of $124,982.50 located in City Council District 1, with FY 2021 funding available in the Bond 2018 Street Proposition B and Utility Capital Program Funds. SUMMARY: This motion approves a professional services contract that provides for design, bid, and construction phase services for pedestrian safety improvements including new crosswalks, signage, pedestrian signals, and traffic signals at select cross streets in the downtown area. BACKGROUND AND FINDINGS: The Downtown Pedestrian Safety Improvements project is a Bond 2018, Proposition B project approved by city voters in November 2018. Seven separate locations have been identified where pedestrian safety improvements are necessary. The locations included are:  IH 37 at Shoreline Drive  Twigg Street at Shoreline Drive  Coopers Alley at Shoreline Drive  Kinney Street at Shoreline Drive (Old Abandoned North-bound Lanes)  Kinney Street at Shoreline Drive (Current Re-configured Lanes)  Park Avenue at Shoreline Drive Professional Services Contract Downtown Pedestrian Safety Improvements (Bond 2018 Proposition B) (Bond 2018 Proposition 1 & 2)  Furman Avenue at Shoreline Drive  John Sartain Street at Water Street These streets were recommended by the Downtown Management District as part of a preliminary study conducted in August 2018. Pedestrian Safety Improvements includes the addition of Hawk signalization to provide safe pedestrian crossing, accessible route, curb ramps, additional sidewalks, crosswalk markings, and the relocation of flashing warning lights. The project engineers will provide recommendations after a review of the intersections. PROJECT TIMELINE: N D J F M A M J J A S O N D 2020 2021 Design Bid/Award Construction Project schedule reflects City Council award of Design in November 2020 with anticipated completion in December 2021. COMPETITIVE SOLICITATION PROCESS Maldonado-Burkett was selected for the Bond 2018 Downtown Lighting Improvement in February 2019 under RFQ 2018-10. Downtown Pedestrian Safety Improvements was one of thirty-two selections that were announced under the Transportation Category of the RFQ. Fifteen firms submitted under the Transportation Category and thirteen firms were selected Maldonado-Burkett was one of the highest ranked firms in the Transportation Category. The selection committee consisted of two representatives from the Street Department and two representatives from Engineering Services. 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. Maldonado-Burkett provided professional services for several City Projects. Some of the projects are Chaparral Electrical Assessment and Redesign, Highway Safety Improvement Project, Street Lighting Improvements, Traffic Signals and Lighting Improvement Project. ALTERNATIVES: Any alternative to awarding the contract to Maldonado-Burkett will delay the reconstruction of the project and impede Council goals of completing Bond 2018 street projects in a timely manner and within budget. FISCAL IMPACT: The fiscal impact in FY2021 is an amount of $124,982.50 with funding available from the Bond 2018 Streets Proposition B and Utility Capital Program Funds. FUNDING DETAIL: The project is funded by Bond 2018. The Capital Improvement Program (CIP) shows the project is planned for FY 2022. The project is ready to be implemented. Fund: Street Bond 2018, Proposition B (Fund 3557) Mission Elem: Street Pavement Maintenance (051) Project No.: Downtown Pedestrian Safety Improvements (18012A) Account: Outside Consultants (550950) Activity: 18012-A-3557-EXP Amount: $124,982.50 RECOMMENDATION: Staff recommends award of the professional services contract to Maldonado-Burkett, in the amount of $124,982.50. The design phase will start in November 2020 with completion planned in March 2021. The construction is planned to start in July 2021 with completion in December 2021. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Contract Downtown PedestrianSafety Improvement (Bond 2018, Proposition B) Location Map CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES Project Location IH 37WATERSHORELINECHAPARRALMESQUITESTAPLESKINNE Y COOPERS A L L E Y PROJECT NUMBER: 18012ATANCAHUAID I37 Twigg Cooper's Alley Kinney Park Furman JOHN SA R T A I N TWIGG PARK FURMAN Project Location John Sartain & Water Shoreline & Contract for Professional Services Page 1 of 12 Revised February 2020 SERVICE AGREEMENT NO. 3250 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT 18012A DOWNTOWN PEDESTRIAN SAFETY IMPROVEMENTS (BOND 2018) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and MALDONADO-BURKETT, 3833 SO. STAPLES ST., SUITE N214, CORPUS CHRISTI, NUECES, TEXAS, 78411, hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I – SCOPE OF SERVICES ..............................................................................2 ARTICLE II – QUALITY CONTROL .................................................................................3 ARTICLE III – COMPENSATION .....................................................................................3 ARTICLE IV – TIME AND PERIOD OF SERVICE ...........................................................4 ARTICLE V – OPINIONS OF COST ................................................................................5 ARTICLE VI – INSURANCE REQUIREMENTS ...............................................................5 ARTICLE VII – INDEMNIFICATION .................................................................................5 ARTICLE VIII – TERMINATION OF AGREEMENT .........................................................6 ARTICLE IX – RIGHT OF REVIEW AND AUDIT .............................................................7 ARTICLE X – OWNER REMEDIES .................................................................................7 ARTICLE XI – CONSULTANT REMEDIES......................................................................8 ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION ..................................................8 ARTICLE XIII – MISCELLANEOUS PROVISIONS ........................................................ 10 Contract for Professional Services Page 2 of 12 Revised February 2020 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 Exhibit A. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Contract for Professional Services Page 3 of 12 Revised February 2020 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 $124,982.50. 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 4 of 12 Revised February 2020 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 5 of 12 Revised February 2020 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 6 of 12 Revised February 2020 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 7 of 12 Revised February 2020 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 8 of 12 Revised February 2020 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 9 of 12 Revised February 2020 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 10 of 12 Revised February 2020 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 11 of 12 Revised February 2020 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, 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 12 of 12 Revised February 2020 CITY OF CORPUS CHRISTI MALDONADO-BURKETT ____________________________________ _____________________________________ Michael Rodriguez Date Ramon H. Maldonado, Jr., P.E. Date Chief of Staff Managing Partner 3833 So. Staples St., Suite N214 Corpus Christi, TX 78411 (361) 236-4611 Office Ramon@Maldonado-Burkett.com APPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date _________________________Authorized By Council_________________________ ATTEST __________________________________ ____________________________________ City Secretary Date EXHIBIT “A” Page 1 of 8 Revised March 2019 EXHIBIT “A” CITY OF CORPUS CHRISTI, TEXAS “DOWNTOWN PEDESTRIAN SAFETY IMPROVEMENTS” PROJECT NO. 18012A 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 (A/E), 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) Prepare preliminary opinions of probable construction costs for the recommended improvements. e) Conduct preliminary analysis of lighting and traffic signalization, including existing equipment, above/below ground electrical service, lane designations, etc. Coordinate signal requirements with City Street Department. Provide recommendations for improvements/upgrades. f) 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. g) 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. City staff will provide electronic copies of the following information (as applicable and requested through the City PM): 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. EXHIBIT “A” Page 2 of 8 Revised March 2019 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 and traffic signalization. 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. f) Prepare construction plans in compliance with CPPS using English units on 11”x 17”. 1. 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. 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. Submit the interim plans (60% submittal - electronic and 2 hard copies using City Standards as applicable) to the City staff for review and approval purposes with EXHIBIT “A” Page 3 of 8 Revised March 2019 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 the pre-final plans and bid documents (90% submittal - electronic and 2 hard copies using City Standards as applicable) to the 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 - 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 (l) 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 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. l) 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 EXHIBIT “A” Page 4 of 8 Revised March 2019 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: Participate in the pre-bid conference to discuss scope of work and to answer scope questions a) Review all pre-bid questions and submissions concerning the bid documents and prepare any revisions to the plans, specifications and bid forms that may be necessary. b) Attend bid opening and assist with the evaluation of bids, and review tabulated bids which are prepared by City Staff. c) AE shall review the contractors Statement of Experience and confirm it meets Contract requirements. d) In the event the lowest responsible bidder’s bid exceeds the construction budget provided by the Engineering Services in accordance with the A/E’s design phase OPCC estimate required above, the Engineer will confer with City staff and provide recommendations for potential remedy options to reconcile scope and/or budget, and if necessary, make such revisions to the bid documents as the City staff deems necessary to re-advertise the Project for bids. e) 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 (with the assistance of the A/E) any addenda, prepare bid tabulation forms, and conduct 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 A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. EXHIBIT “A” Page 5 of 8 Revised March 2019 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. A/E 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 A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Texas Department of Licensing and Regulation (TDLR) EXHIBIT “A” Page 6 of 8 Revised March 2019 1. Provide copy of Contract Documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 2. Coordinate RAS inspection services at the end of construction and pay associated fee. 2. Topographic and Right-of-Way (ROW) Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors’ Manual of Practice for Land Surveying in the State of Texas, latest edition. All work must be tied to and in conformance with the City’s Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. Include references tying Control Points to a minimum of two (2) registered NGS Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. Survey sheets shall be sealed, provided to the City and included in the bid document plan set. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of area that will be disturbed by construction. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied – i.e. – the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate existing features within the apparent ROW. h) Locate and identify trees, at least five inches in diameter, and areas of significant landscape or shrubs within the apparent ROW. i) Generate electronic planimetric base map for use in project design. j) The survey should not stop at the property line but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. k) 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. 3. Construction Observation Services. To Be Determined. 4. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. EXHIBIT “A” Page 7 of 8 Revised March 2019 II. SCHEDULE Date Activity NTP N/A Draft ELR submittal N/A City Review N/A Final ELR submittal 10 weeks after NTP 60% Design Submittal 3 weeks after 60% submission City Review 4.5 weeks after receiving 60% CoCC comments 90% Design Submittal 3 weeks after 90% submission City Review 2 weeks after receiving 90% CoCC comments 100% Pre-ATA Submittal 3 weeks after receiving 100% CoCC review comments Final Sealed Bid Package Advertise for Bids Pre-Bid Conference Receive Bids Contract Award Begin Construction Complete Construction 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 A/E’s estimate (and with City’s concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E’s monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. “Additional Services”, the City will pay the A/E a not-to-exceed fee as per the table below: EXHIBIT “A” Page 8 of 8 Revised March 2019 Summary of Fees Basic Services Fees Street Storm Water Wastewater Water Gas Total1. Preliminary Phase 2. Design Phase $95,222.50 3. Bid Phase $1,800.00 4. Construction Administration Phase $1,200.00 Subtotal Basic Services Fees $98,222.50 Additional Services Fees (Allowance) 1. Permit Preparation $1,000.00 2. Topographic and ROW Survey $22,680.00 3. ROW/Easement Acquisition Survey and Parcel Descriptions 4. Environmental Issues 5. Public Involvement 6. Subsurface Utility Investigation (Level A) 7. Construction Observation Services TBD TBD TBD TBD TBD TBD8. Warranty Phase $3,080.00 9. Televising Utility Lines Subtotal Additional Services Fees $26,760.00 Total Fee $124,982.50 *Additional Services authorized in coordination with the notice to proceed for Basic Services. Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: 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. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2.Agreement - The document executed between Owner and Contractor covering the Work. 3.Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4.Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5.Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6.Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7.Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8.Bidder - An individual or entity that submits a Bid to Owner. 9.Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10.Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11.Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12.Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13.Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a.Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner’s Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” or “provide.” F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer’s findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. ARTICLE 6 – BONDS AND INSURANCE ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ARTICLE 8 – OTHER WORK AT THE SITE ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer’s authority related to Modifications is described in Article 11. D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel - Not Required.” No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer’s notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 1 Rev 01/20 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. 2 Rev 01/20 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. CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known) 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Title 3.State the names of each “board member” of the City of Corpus Christi having an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or Committee 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christiwho worked on any matter related to the subject of this contract and has an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Consultant COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: STATE: ZIP: FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person (Type or Print) Title: Signature of Certifying Person Date: DEFINITIONS a. “Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM Action Item for the City Council Meeting of November 17, 2020 DATE: November 9, 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 CAPTION: Motion awarding a construction contract to Bay Ltd., Corpus Christi, TX for reconstruction of South Staples Street from Baldwin Boulevard to Kostoryz Road, located in Council District 2, with new concrete pavement and utility improvements in an amount of $13,466,633.10 with FY 2021 funding available from Bond 2014, Bond 2018 and the Storm Water, Wastewater, Gas and Water CIP Funds. SUMMARY: This motion approves a construction contract with Bay Ltd. for the reconstruction of South Staples Street from Baldwin Boulevard to Kostoryz Road. The construction will include new concrete pavement, curb and gutter, sidewalks, ADA ramps, pavement markings, upgrading traffic signalization, and major utility improvements including upgraded storm sewer, new water mains and new wastewater mains along the roadway corridor. Construction Contract Award South Staples Street - Baldwin Boulevard to Kostoryz Road (Bond 2018, Proposition A) BACKGROUND AND FINDINGS: South Staples Street from Baldwin Boulevard to Kostoryz Road is classified as a minor arterial street. This section of the street was originally constructed in 1891. The latest overlay was completed in 1980 and a seal coat was performed in 1994. The current reconstruction project was approved by voters as part of BOND 2018. The existing pavement and underground utilities – which are approximately 70 years old – will be demolished and replaced from the southern limits of Baldwin Boulevard Intersection to the western limits of Kostoryz Road Intersection (0.83 miles). Staff is recommending the award of the concrete pavement bid alternate. Traffic signals, bus stops, sidewalks, curb ramps, concrete driveways, and concrete curb & gutter will also be upgraded for the project limits. In addition to the new roadway the following sco pe of work will be completed:  Seven RTA bus stops and one RTA bus pull-in will be reconstructed, each receiving a new concrete shelter pad  Upgraded traffic signalization at three intersections of Baldwin Boulevard\18th Street, Louisiana Avenue\Kosar Street and Annapolis Drive\Texas Avenue  Significant stormwater improvements including installing new box culverts, new curb inlets, new manholes and new laterals along the entire project length  Significant wastewater improvements consisting of rehabilitating and replacing existing clay pipe with stronger plastic pipes and replacing legacy brick and concrete manholes with more resistant fiberglass material  Water improvements include replacing aged cast iron pipe and old asbestos cement pipe with modern plastic pipes. Fire hydrants are replaced as necessary.  Aged gas lines will be replaced to provide a service life matching that of the reconstructed roadway. PROJECT TIMELINE: 2020 2021-2022 2023 S O N D Jan-Dec J F M Bid/Award Construction The project schedule reflects the City Council award in November 2020 with anticipated completion in March 2023. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids for the proposed South Staples Street construction project. The solicitation contained two base bids, Base Bid 1 (concrete) and Base Bid 2 (asphalt). On October 2, 2020, the City received bids for each segment as provided below: CONTRACTOR BASE BID 1 (CONCRETE) BASE BID 2 (ASPHALT) Bay Ltd $ 13,466,633.10 $ 12,897,640.95 Clark Pipeline Services $ 18,132,559.60 $ 17,489,054.17 *Burnside Services Inc. $ 13,667,089.51 $ 12,458,088.58 Reytec Construction $ 16,997,071.60 NO BID Per City Council Policy 28 - Award Guidelines for Arterial and Collector Streets, an award recommendation for concrete pavement is made if the total cost of the concrete bid does not exceed $125,000/lane mile ($17.76/SY), of the asphalt cost. When Staff analyzed the asphalt section components versus the concrete section components, the cost difference was $17.98/SY, which was $0.23/SY or 1.3% higher than the recommended cost differential to award a higher concrete bid. Staff recommends awarding the concrete bid following the amended City Council policy 28 resolution on October 27, 2020 which states “ if the adjacent pavement section is concrete (PCC), consideration should be given to providing a uniform surface type, at the discretion of the City Engineering Services staff”. The most recent project - South Staples Street from Brawner Parkway to Kostoryz Road, completed in August 2020, was reconstructed with concrete pavement. Based on that fact, staff is recommending award of the concrete bid even though it is slighter higher than the Policy 28 differential. This recommendation does not result in a bid reversal since the lowest responsive asphalt and concrete bids were submitted by the same contractor. The recommendation to proceed with the concrete pavement alternative will increase the construction cost of the project by $568,992.15. Although award of the higher priced concrete pavement bid requires budget realignment, staff feels that the reduced maintenance costs over life of the roadway represents a sound business decision. Additional funding is being aligned from project savings on other Bond projects. Funding detail section provides the detailed information. ALTERNATIVES: One alternative is to award the asphalt bid instead of the concrete bid. Council could also reject bids and re-adervertise or cancel the project. FISCAL IMPACT: The fiscal impact for FY 2021 is an in the amount of $13,466,633.10 for the reconstruction of South Staples Street from Baldwin Boulevard to Kostoryz Road with funding available from the Street Bond 2014, 2018 and Storm Water, Wastewater, Gas and Water Funds. Funding Detail: The Capital Improvement Program (CIP) shows the project is planned for FY 2021. The project is ready to be implemented and the expenditures shown in the CIP are budgeted in an amount of $12,480,746.00. The project was budgeted based on past pricing for asphalt pavement. Based on the relative pricing between concrete and asphalt and the Council Policy 28 staff recommends awarding the higher priced concrete pavement bid. The additional funding for the project is provided by Bond 2014 project savings and Bond 2018 budget re-alignment. The bids received for the water and wastewater improvements are within the estimated expenditures budgeted on the CIP. The stormwater improvements exceeds the budgeted amount in the CIP by $1.7 million. The stormwater funds in the CIP will be re-aligned from Lipes Boulevard and Strasboug Drive. Fund: Street Bond 2018, Proposition A (Fund 3556) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: 18041A Account: Construction (Account #550910) Activity: 18041-A-3556-EXP Amount: $4,836,364.00 Fund: Street Bond 2018, Proposition A (Fund 3556) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: 18047A Account: Construction (Account #550910) Activity: 18047-A-3556-EXP Amount: $610,000.00 Fund: ST2015 GO BD 14 (Fund 3551) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: 18041A Account: Construction (Account #550910) Activity: 18041-A-3551-EXP Amount: $712,278.88 Fund: Storm Water 2020 (Fund 4532) Mission Elem: Drainage infra-surface/pipes (ME 043) Project No.: 18041A Account: Construction (Account #550910) Activity: 18041-A-4532-EXP Amount: 5,101,449.08 Fund: Wastewater 2015 (Fund 4255) Mission Elem: Wastewater collection System (ME 042) Project No.: 18041A Account: Construction (Account #550910) Activity: 18041-A-4255-EXP Amount: $1,174,684.58 Fund: Water 2020 (Fund 4099) Mission Elem: Water Distribution System (ME 041) Project No.: 18041A Account: Construction (Account #550910) Activity: 18041-A-4099-EXP Amount: $877,296.18 Fund: Gas Capital Reserve (Fund 4560) Mission Elem: Gas Distribution System (ME 022) Project No.: 18041A Account: Construction (Account #550910) Activity: 18041- A-4560-EXP Amount: $154,560.38 RECOMMENDATION: Staff recommends awarding a construction contract to Bay Ltd. for reconstruction of South Staples Street (Baldwin Boulevard to Kostoryz Road) in the amount of $13,466,633.10 for the concrete bid alternative with construction duration planned for 29 months from issuance of the Notice to Proceed with construction starting in December 2020. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs City Council Policy 28 Award Guidelines for Arterial and Collector Streets, Concrete or Asphalt Pavement 37 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES STAPLES ST. (BLADWIN BLVD. TO KOSTORYZ RD.) LOCATION MAP NOT TO SCALE PROJECT NUMBER: 18041A VICINITY MAP NOT TO SCALE PROJECT LOCATION PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES STAPLES STREET BALDWIN BLVD. TO KOSTORYZ RD. AERIAL MAP NOT TO SCALE PROJECT NUMBER: 18041AKOSTORYZ RD.BA L D W I N B L V D . PROJECT LOCATION RAY HIGH SCHOOL BID DATE: Friday, October 2, 2020 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT A1 Mobilization (Max 5% Part A)LS 1 $12,000.00 $12,000.00 $42,033.25 $42,033.25 $90,000.00 $90,000.00 $90,750.00 $90,750.00 A2 Bonds and Insurance AL 1 $88,000.00 $88,000.00 $168,750.00 $168,750.00 $150,000.00 $150,000.00 $211,750.00 $211,750.00 A3 Ozone Action Day EA 6 $1.25 $7.50 $500.00 $3,000.00 $500.00 $3,000.00 $181.50 $1,089.00 A4 Clear Right-of-Way AC 10 $24,000.00 $228,000.00 $6,320.00 $60,040.00 $3,000.00 $28,500.00 $6,050.00 $57,475.00 A5 Survey Monument EA 2 $260.00 $520.00 $1,000.00 $2,000.00 $1,300.00 $2,600.00 $1,028.50 $2,057.00 A6 Traffic Control Plan and Preparation EA 1 $30,800.00 $30,800.00 $27,500.00 $27,500.00 $95,000.00 $95,000.00 $30,250.00 $30,250.00 A7 Traffic Control Mobilization/Adjustments EA 1 $16,700.00 $16,700.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $16,373.72 $16,373.72 A8 Traffic Control Items (Barrels, Signs, Temp. Pavement Markings etc.)MO 28 $5,600.00 $156,800.00 $3,000.00 $84,000.00 $14,000.00 $392,000.00 $3,764.31 $105,400.68 A9 Traffic Control Low Profile Concrete Barriers (20 ft. Barrier)EA 300 $38.00 $11,400.00 $1,232.00 $369,600.00 $1,000.00 $300,000.00 $756.25 $226,875.00 A10 Traffic Control Message Boards EA 6 $20,000.00 $120,000.00 $17,875.00 $107,250.00 $17,000.00 $102,000.00 $21,284.66 $127,707.96 A11 Traffic Control Temporary Pavement SY 30,000 $1.55 $46,500.00 $10.00 $300,000.00 $30.00 $900,000.00 $16.94 $508,200.00 A12 Temporary Traffic Signal Design and Preparation EA 1 $22,200.00 $22,200.00 $19,800.00 $19,800.00 $20,000.00 $20,000.00 $11,313.50 $11,313.50 A13 Temporary Traffic Signal EA 3 $39,500.00 $118,500.00 $35,200.00 $105,600.00 $35,000.00 $105,000.00 $23,958.00 $71,874.00 A14 Block Sodding SY 10,234 $5.60 $57,310.40 $5.70 $58,333.80 $5.00 $51,170.00 $5.75 $58,845.50 A15 Stormwater Pollution Prevention Plan LS 1 $4,300.00 $4,300.00 $5,500.00 $5,500.00 $28,000.00 $28,000.00 $18,150.00 $18,150.00 A16 Silt Fence for Stormwater Pollution Prevention Plan LF 4,698 $2.40 $11,275.20 $1.00 $4,698.00 $2.00 $9,396.00 $4.84 $22,738.32 A17 Stormwater Structure Protection (Proposed and Existing)(Inlets, Manholes, Junction Boxes, Risers)EA 162 $130.00 $21,060.00 $115.00 $18,630.00 $110.00 $17,820.00 $163.35 $26,462.70 A18 Allowance for Unanticipated Environmental Issues 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 $970,373.10 $1,411,735.05 $2,334,486.00 $1,612,312.38 B1 Mobilization (Max 5% Part B)LS 1 $98,000.00 $98,000.00 $152,320.00 $152,320.00 $100,000.00 $100,000.00 $211,750.00 $211,750.00 B2 9" Thick Continuously Reinforced Concrete Pavement SY 33,770 $73.00 $2,465,210.00 $87.00 $2,937,990.00 $89.00 $3,005,530.00 $97.49 $3,292,237.30 B3 6" Crushed Limestone Base Material (Type A, Grade 1-2)SY 34,794 $12.75 $443,623.50 $16.50 $574,101.00 $14.00 $487,116.00 $16.94 $589,410.36 B4 12" Compacted Subgrade SY 34,794 $2.90 $100,902.60 $2.50 $86,985.00 $4.25 $147,874.50 $3.63 $126,302.22 B5 Street Excavation (Removal and Disposal)SY 34,794 $10.75 $374,035.50 $8.85 $307,926.90 $11.00 $382,734.00 $10.08 $350,723.52 BASE BID 1 - CONCRETE 1110 NAVASOTA RIDGE RD NAVASOTA, TX 77868RFB #3213 PART A - GENERAL SUBTOTAL PART A - GENERAL PART B - STREET IMPROVEMENTS TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.BAY LTD REYTEC CONSTR RESOURCES CLARK PIPELINE SERVICES*BURNSIDE SERVICES INC PROJ. NO. 18041A 401 CORN PRODUCTS RD 1901 HOLLISTER 6229 LEOPARD ST CC, TX 78409 HOUSTON, TX 77080 CC, TX 78409 Page 1 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1110 NAVASOTA RIDGE RD NAVASOTA, TX 77868RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.BAY LTD REYTEC CONSTR RESOURCES CLARK PIPELINE SERVICES*BURNSIDE SERVICES INC PROJ. NO. 18041A 401 CORN PRODUCTS RD 1901 HOLLISTER 6229 LEOPARD ST CC, TX 78409 HOUSTON, TX 77080 CC, TX 78409 B6 Reflective Pavement Markers (Type 1)(White)(4")(Broken)(090 MIL)LF 1,991 $1.55 $3,086.05 $1.40 $2,787.40 $1.30 $2,588.30 $1.51 $3,006.41 B7 Reflective Pavement Markers (Type 1)(White)(4")(Solid)(090 MIL)LF 378 $1.55 $585.90 $1.40 $529.20 $1.30 $491.40 $1.51 $570.78 B8 Reflective Pavement Markers (Type 1)(Yellow)(4")(Broken)(090 MIL)LF 1,480 $1.55 $2,294.00 $1.40 $2,072.00 $1.30 $1,924.00 $1.51 $2,234.80 B9 Reflective Pavement Markers (Type 1)(Yellow)(4")(Solid)(090 MIL)LF 8,558 $1.55 $13,264.90 $1.40 $11,981.20 $1.30 $11,125.40 $1.51 $12,922.58 B10 Reflective Pavement Markers (Type 1)(Yellow)(8")(Solid)(090 MIL)LF 0 $3.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3.03 $0.00 B11 Reflective Pavement Markers (Type 1)(White)(8")(Solid)(090 MIL)LF 484 $3.10 $1,500.40 $2.75 $1,331.00 $2.60 $1,258.40 $3.03 $1,466.52 B12 Reflective Pavement Markers (Type 1)(White)(12")(Solid Gore)(090 MIL)LF 129 $4.60 $593.40 $4.10 $528.90 $3.90 $503.10 $4.54 $585.66 B13 Reflective Pavement Marker Symbol (Type C Heat Applied)(White)(Thru-Turn- Arrow or Word)(125 MIL)(Preformed Thermoplastic)EA 28 $250.00 $7,000.00 $220.00 $6,160.00 $210.00 $5,880.00 $242.00 $6,776.00 B14 Raised Pavement Markers (Type I-C)EA 114 $7.40 $843.60 $6.60 $752.40 $6.50 $741.00 $7.26 $827.64 B15 Raised Pavement Markers (Type II-A-A)EA 408 $7.40 $3,019.20 $6.60 $2,692.80 $6.50 $2,652.00 $7.26 $2,962.08 B16 Raised Pavement Markers (Type II-B-B)EA 42 $7.40 $310.80 $6.60 $277.20 $6.50 $273.00 $7.26 $304.92 B17 New Standard 6" Concrete Driveway SF 10,395 $14.25 $148,128.75 $6.72 $69,854.40 $10.00 $103,950.00 $14.36 $149,272.20 B18 Demolition of Existing Concrete Driveway SF 9,705 $7.20 $69,876.00 $1.00 $9,705.00 $0.60 $5,823.00 $5.04 $48,913.20 B19 Pavement Repair (Type 1)SY 330 $150.00 $49,500.00 $108.00 $35,640.00 $130.00 $42,900.00 $121.00 $39,930.00 B20 Pavement Repair (Type 2)SY 605 $92.00 $55,660.00 $91.00 $55,055.00 $80.00 $48,400.00 $133.10 $80,525.50 B21 Pavement Repair (Type 3)SY 265 $96.00 $25,440.00 $300.00 $79,500.00 $145.00 $38,425.00 $145.20 $38,478.00 B22 New Regulatory Signage EA 91 $290.00 $26,390.00 $258.50 $23,523.50 $245.00 $22,295.00 $284.35 $25,875.85 B23 New Sign Support Assembly (Pole)(Triangular Slipbase System)EA 72 $350.00 $25,200.00 $313.50 $22,572.00 $300.00 $21,600.00 $344.85 $24,829.20 B24 Removal of Existing Signage and Support Assembly (Pole Foundation)EA 48 $74.00 $3,552.00 $200.00 $9,600.00 $60.00 $2,880.00 $72.60 $3,484.80 B25 Adjustment of Existing Manhole Ring\Cover EA 6 $1,600.00 $9,600.00 $750.00 $4,500.00 $1,300.00 $7,800.00 $1,512.50 $9,075.00 B26 Unanticipated Tree Removal and Replacement EA 10 $580.00 $5,800.00 $5,000.00 $50,000.00 $1,100.00 $11,000.00 $1,149.50 $11,495.00 B27 Unanticipated Fence Removal and Replacement LF 100 $72.00 $7,200.00 $60.00 $6,000.00 $32.00 $3,200.00 $54.45 $5,445.00 B28 Allowance for Unanticipated Street Improvements AL 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $3,990,616.60 $4,504,384.90 $4,508,964.10 $5,089,404.54SUBTOTAL PART B - STREET IMPROVEMENTS Page 2 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1110 NAVASOTA RIDGE RD NAVASOTA, TX 77868RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.BAY LTD REYTEC CONSTR RESOURCES CLARK PIPELINE SERVICES*BURNSIDE SERVICES INC PROJ. NO. 18041A 401 CORN PRODUCTS RD 1901 HOLLISTER 6229 LEOPARD ST CC, TX 78409 HOUSTON, TX 77080 CC, TX 78409 C1 Mobilization (Max 5% Part C)LS 1 $10,000.00 $10,000.00 $12,850.00 $12,850.00 $18,000.00 $18,000.00 $51,425.00 $51,425.00 C2 Concrete Pedestrian Sidewalk SF 41,490 $7.00 $290,430.00 $6.00 $248,940.00 $7.25 $300,802.50 $7.16 $297,068.40 C3 Concrete Curb Ramp SF 4,944 $18.25 $90,228.00 $8.50 $42,024.00 $23.00 $113,712.00 $29.92 $147,924.48 C4 Sidewalk and Concrete Curb Ramp Demolition SF 25,100 $5.40 $135,540.00 $1.50 $37,650.00 $0.50 $12,550.00 $2.42 $60,742.00 C5 Reflective Pavement Markers for Crosswalk (Type C Heat Applied)(White) (24")(125 MIL)(Preformed Thermoplastic)LF 1,276 $19.75 $25,201.00 $17.60 $22,457.60 $17.00 $21,692.00 $19.36 $24,703.36 C6 Reflective Pavement Markers for Stop Bar (Type C Heat Applied)(White) (24")(125 MIL)(Preformed Thermoplastic)LF 430 $19.75 $8,492.50 $17.60 $7,568.00 $17.00 $7,310.00 $19.36 $8,324.80 C7 New Parking Curb Stop EA 3 $460.00 $1,380.00 $500.00 $1,500.00 $210.00 $630.00 $3,267.00 $9,801.00 C8 Unanticipated Sidewalk Retaining Curb LF 100 $46.00 $4,600.00 $25.00 $2,500.00 $36.00 $3,600.00 $52.20 $5,220.00 C9 Unanticipated Sidewalk Drain LF 25 $390.00 $9,750.00 $170.00 $4,250.00 $220.00 $5,500.00 $368.34 $9,208.50 $575,621.50 $379,739.60 $483,796.50 $614,417.54 D1 Mobilization (Max 5% Part D)LS 1 $34,000.00 $34,000.00 $36,550.00 $36,550.00 $40,000.00 $40,000.00 $51,425.00 $51,425.00 D2 New Baldwin Blvd. Signalization LS 1 $265,000.00 $265,000.00 $242,000.00 $242,000.00 $270,000.00 $270,000.00 $344,050.19 $344,050.19 D3 New Louisiana Ave. Signalization LS 1 $265,000.00 $265,000.00 $242,000.00 $242,000.00 $270,000.00 $270,000.00 $311,480.62 $311,480.62 D4 New Annapolis Dr. Signalization LS 1 $265,000.00 $265,000.00 $242,000.00 $242,000.00 $270,000.00 $270,000.00 $326,277.71 $326,277.71 D5 Allowance for Unanticipated Signalization Improvements 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 $834,000.00 $767,550.00 $855,000.00 $1,038,233.52 E1 Mobilization (Max 5% Part E)LS 1 $2,700.00 $2,700.00 $731.01 $731.01 $1,000.00 $1,000.00 $51,425.00 $51,425.00 E2 Concrete Shelter Pad SF 2,100 $17.00 $35,700.00 $6.72 $14,112.00 $14.00 $29,400.00 $10.89 $22,869.00 E3 Demolition of Existing Concrete Shelter Pad SF 3,068 $5.50 $16,874.00 $1.50 $4,602.00 $1.00 $3,068.00 $24.20 $74,245.60 E4 Demolition of Existing Concrete Bus Pad SF 1,168 $9.50 $11,096.00 $1.50 $1,752.00 $2.00 $2,336.00 $48.40 $56,531.20 E5 Shelter Pad Striping (Yellow)(Solid)(Full Width of Curb)LF 210 $3.70 $777.00 $2.00 $420.00 $3.00 $630.00 $7.87 $1,652.70 $67,147.00 $21,617.01 $36,434.00 $206,723.50 F1 Mobilization (Max 5% Part F)LS 1 $3,000.00 $3,000.00 $3,037.65 $3,037.65 $4,000.00 $4,000.00 $4,781.92 $4,781.92 F2 2" PVC (Sch.40) Electrical Conduit (IT/MIS) with mule tape LF 4,730 $13.00 $61,490.00 $13.00 $61,490.00 $16.00 $75,680.00 $15.73 $74,402.90 PART D - SIGNALIZATION IMPROVEMENTS SUBTOTAL PART D - SIGNALIZATION IMPROVE PART E - RTA IMPROVEMENTS SUBTOTAL PART E - RTA IMPROVEMENTS PART F - I.T. IMPROVEMENTS PART C - ADA IMPROVEMENTS SUBTOTAL PART C - ADA IMPROVEMENTS Page 3 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1110 NAVASOTA RIDGE RD NAVASOTA, TX 77868RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.BAY LTD REYTEC CONSTR RESOURCES CLARK PIPELINE SERVICES*BURNSIDE SERVICES INC PROJ. NO. 18041A 401 CORN PRODUCTS RD 1901 HOLLISTER 6229 LEOPARD ST CC, TX 78409 HOUSTON, TX 77080 CC, TX 78409 F3 New Basis Polymer Concrete Pull Box 24"X36"X18" w/ 3" Gravel (IT/MIS)EA 9 $2,300.00 $20,700.00 $2,700.00 $24,300.00 $2,000.00 $18,000.00 $2,359.50 $21,235.50 F4 Allowance for Unanticipated I.T. Improvements AL 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $86,190.00 $89,827.65 $98,680.00 $101,420.32 G1 Mobilization (Max 5% Part G)LS 1 $2,900.00 $2,900.00 $3,680.79 $3,680.79 $12,000.00 $12,000.00 $18,150.00 $18,150.00 G2 Trenching for Gas Line LF 6,718 $3.80 $25,528.40 $9.85 $66,172.30 $22.00 $147,796.00 $24.20 $162,575.60 G3 Backfill and Compaction for Gas Line Trench LF 6,718 $5.80 $38,964.40 $5.06 $33,993.08 $28.00 $188,104.00 $38.72 $260,120.96 G4 Allowance for Unanticipated Gas Improvements 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 $72,392.80 $108,846.17 $352,900.00 $445,846.56 H1 Mobilization (Max 5% Part H)LS 1 $98,000.00 $98,000.00 $137,935.00 $137,935.00 $140,000.00 $140,000.00 $302,500.00 $302,500.00 H2 Standard 5 Foot Curb Inlet (Width Varies)EA 50 $7,820.00 $391,000.00 $6,600.00 $330,000.00 $7,600.00 $380,000.00 $7,623.00 $381,150.00 H3 Modified 5 Foot Curb Inlet with Bottom or Front Extension (Width Varies)EA 4 $10,000.00 $40,000.00 $6,880.00 $27,520.00 $9,500.00 $38,000.00 $7,441.50 $29,766.00 H4 Standard 6 Foot Curb Inlet (Width Varies)EA 2 $9,900.00 $19,800.00 $7,620.00 $15,240.00 $9,000.00 $18,000.00 $8,167.50 $16,335.00 H5 Curb Inlet Extension (5' Throat Opening)EA 5 $3,000.00 $15,000.00 $4,500.00 $22,500.00 $4,900.00 $24,500.00 $11,555.50 $57,777.50 H6 Dual Grate Inlet EA 1 $6,000.00 $6,000.00 $6,010.00 $6,010.00 $7,500.00 $7,500.00 $5,989.50 $5,989.50 H7 6" Standard Curb (Including backfill)LF 10,240 $10.75 $110,080.00 $5.00 $51,200.00 $4.50 $46,080.00 $13.75 $140,800.00 H8 18" Reinforced Concrete Pipe (Class III)LF 1,733 $95.00 $164,635.00 $79.00 $136,907.00 $168.00 $291,144.00 $132.45 $229,535.85 H9 24" Reinforced Concrete Pipe (Class III)LF 774 $110.00 $85,140.00 $86.00 $66,564.00 $203.00 $157,122.00 $188.16 $145,635.84 H10 30" Reinforced Concrete Pipe (Class III)LF 315 $130.00 $40,950.00 $92.00 $28,980.00 $202.00 $63,630.00 $183.44 $57,783.60 H11 36" Reinforced Concrete Pipe (Class III)LF 53 $220.00 $11,660.00 $133.00 $7,049.00 $500.00 $26,500.00 $221.07 $11,716.71 H12 42" Reinforced Concrete Pipe (Class III)LF 113 $220.00 $24,860.00 $162.00 $18,306.00 $360.00 $40,680.00 $256.90 $29,029.70 H13 48" Reinforced Concrete Pipe (Class III)LF 534 $250.00 $133,500.00 $188.00 $100,392.00 $365.00 $194,910.00 $292.27 $156,072.18 H14 5'X5' Reinforced Concrete Box (Class III)LF 1,037 $430.00 $445,910.00 $489.00 $507,093.00 $532.00 $551,684.00 $452.19 $468,921.03 SUBTOTAL PART G - GAS IMPROVEMENTS SUBTOTAL PART F - I.T. IMPROVEMENTS PART H - STORMWATER IMPROVEMENTS PART G - GAS IMPROVEMENTS Page 4 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1110 NAVASOTA RIDGE RD NAVASOTA, TX 77868RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.BAY LTD REYTEC CONSTR RESOURCES CLARK PIPELINE SERVICES*BURNSIDE SERVICES INC PROJ. NO. 18041A 401 CORN PRODUCTS RD 1901 HOLLISTER 6229 LEOPARD ST CC, TX 78409 HOUSTON, TX 77080 CC, TX 78409 H15 6'X6' Reinforced Concrete Box (Class III)LF 1,517 $650.00 $986,050.00 $540.00 $819,180.00 $765.00 $1,160,505.00 $580.30 $880,315.10 H16 8'X6' Reinforced Concrete Box (Class III)LF 832 $910.00 $757,120.00 $711.00 $591,552.00 $940.00 $782,080.00 $802.27 $667,488.64 H17 8'X8' Reinforced Concrete Box (Class III)LF 472 $1,100.00 $519,200.00 $811.00 $382,792.00 $1,062.00 $501,264.00 $828.75 $391,170.00 H18 Type 'A' Concrete Storm Water Manhole (Less than 8' Depth)EA 1 $6,900.00 $6,900.00 $4,400.00 $4,400.00 $5,300.00 $5,300.00 $4,517.33 $4,517.33 H19 Type 'A' Concrete Storm Water Manhole (8' to 12' Depth)EA 3 $8,400.00 $25,200.00 $7,010.00 $21,030.00 $8,300.00 $24,900.00 $5,626.50 $16,879.50 H20 Type 'A' Concrete Storm Water Manhole (12' to 16' Depth)EA 1 $11,100.00 $11,100.00 $7,200.00 $7,200.00 $9,800.00 $9,800.00 $11,071.50 $11,071.50 H21 Type 'C' Concrete Storm Water Manhole (8' to 12' Depth)EA 3 $14,500.00 $43,500.00 $12,300.00 $36,900.00 $15,500.00 $46,500.00 $19,965.00 $59,895.00 H22 Type 'D' Concrete Storm Water Manhole (8' to 12' Depth)EA 2 $12,300.00 $24,600.00 $10,215.00 $20,430.00 $11,200.00 $22,400.00 $33,033.00 $66,066.00 H23 Type 'D' Concrete Storm Water Manhole (12' to 16' Depth)EA 2 $18,200.00 $36,400.00 $14,960.00 $29,920.00 $18,500.00 $37,000.00 $38,478.00 $76,956.00 H24 Type 'D' Concrete Storm Water Manhole (16' to 20' Depth)EA 3 $19,900.00 $59,700.00 $16,920.00 $50,760.00 $25,300.00 $75,900.00 $42,108.00 $126,324.00 H25 Concrete Storm Water Manhole Riser (Less than 8' Depth)EA 1 $7,500.00 $7,500.00 $4,700.00 $4,700.00 $6,000.00 $6,000.00 $11,777.33 $11,777.33 H26 Concrete Storm Water Manhole Riser (8' to 12' Depth)EA 5 $8,200.00 $41,000.00 $5,450.00 $27,250.00 $8,000.00 $40,000.00 $13,189.00 $65,945.00 H27 Concrete Storm Water Manhole Riser (12' to 16' Depth)EA 6 $11,200.00 $67,200.00 $6,750.00 $40,500.00 $11,000.00 $66,000.00 $18,634.00 $111,804.00 H28 Concrete Storm Water Manhole Riser (16' to 20' Depth)EA 1 $11,900.00 $11,900.00 $6,835.00 $6,835.00 $22,000.00 $22,000.00 $22,264.00 $22,264.00 H29 Concrete Storm Water Junction Box #1 (~24' Depth)EA 1 $37,300.00 $37,300.00 $44,200.00 $44,200.00 $75,000.00 $75,000.00 $125,235.00 $125,235.00 H30 Concrete Storm Water Junction Box #2 (~22' Depth)EA 1 $35,900.00 $35,900.00 $33,320.00 $33,320.00 $62,000.00 $62,000.00 $105,875.00 $105,875.00 H31 Concrete Storm Water Junction Box #3 (~21' Depth)EA 1 $33,900.00 $33,900.00 $31,910.00 $31,910.00 $58,000.00 $58,000.00 $90,145.00 $90,145.00 H32 Concrete Storm Water Junction Box #4 (~20' Depth)EA 1 $35,300.00 $35,300.00 $32,700.00 $32,700.00 $60,000.00 $60,000.00 $88,935.00 $88,935.00 H33 Concrete Storm Water Junction Box #5 (~12' Depth)EA 1 $31,000.00 $31,000.00 $28,000.00 $28,000.00 $35,000.00 $35,000.00 $68,486.00 $68,486.00 H34 Concrete Storm Water Junction Box #6 (~11.5' Depth)EA 1 $26,900.00 $26,900.00 $26,165.00 $26,165.00 $34,000.00 $34,000.00 $66,066.00 $66,066.00 H35 Trench Safety for Stormwater Lines LF 7,380 $13.75 $101,475.00 $1.00 $7,380.00 $5.00 $36,900.00 $7.26 $53,578.80 Page 5 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1110 NAVASOTA RIDGE RD NAVASOTA, TX 77868RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.BAY LTD REYTEC CONSTR RESOURCES CLARK PIPELINE SERVICES*BURNSIDE SERVICES INC PROJ. NO. 18041A 401 CORN PRODUCTS RD 1901 HOLLISTER 6229 LEOPARD ST CC, TX 78409 HOUSTON, TX 77080 CC, TX 78409 H36 Trench Safety for Stormwater Structures (Including Inlets, Manholes, Risers, Junction Boxes)EA 86 $620.00 $53,320.00 $75.00 $6,450.00 $120.00 $10,320.00 $1,512.50 $130,075.00 H37 Reinforced Concrete Box Repair SF 64 $68.00 $4,352.00 $25.00 $1,600.00 $110.00 $7,040.00 $175.45 $11,228.80 H38 Reinforced Concrete Pipe Plug EA 1 $1,600.00 $1,600.00 $750.00 $750.00 $2,200.00 $2,200.00 $1,623.82 $1,623.82 H39 Curb and Gutter Demolition and Removal LF 9,735 $7.90 $76,906.50 $1.70 $16,549.50 $2.00 $19,470.00 $6.05 $58,896.75 H40 Existing Curb Inlet Demolition EA 46 $1,000.00 $46,000.00 $575.00 $26,450.00 $240.00 $11,040.00 $1,089.00 $50,094.00 H41 Existing Dual Grate Inlet Demolition EA 1 $1,400.00 $1,400.00 $780.00 $780.00 $430.00 $430.00 $1,815.00 $1,815.00 H42 Reinforced Concrete Pipe to be removed LF 10,880 $13.25 $144,160.00 $18.00 $195,840.00 $18.00 $195,840.00 $47.06 $512,012.80 H43 Reinforced Concrete Box to be removed LF 13 $260.00 $3,380.00 $100.00 $1,300.00 $250.00 $3,250.00 $84.70 $1,101.10 H44 Existing Concrete Manhole or Junction Box to be removed EA 25 $1,000.00 $25,000.00 $575.00 $14,375.00 $430.00 $10,750.00 $3,630.00 $90,750.00 H45 Well Pointing for Stormwater improvement excavations LF 1,304 $62.00 $80,848.00 $40.00 $52,160.00 $25.00 $32,600.00 $102.85 $134,116.40 H46 Allowance for Unanticipated Stormwater Improvements AL 1 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $4,982,646.50 $4,079,074.50 $5,493,239.00 $6,195,520.78 I1 Mobilization (Max 5% Part I)LS 1 $20,000.00 $20,000.00 $53,914.63 $53,914.63 $50,000.00 $50,000.00 $84,700.00 $84,700.00 I2 Pipe Burst Existing 8" VCP w/ 10" HDPE LF 222 $79.00 $17,538.00 $75.00 $16,650.00 $130.00 $28,860.00 $110.11 $24,444.42 I3 Pipe Burst Existing 10" VCP w/ 12" HDPE LF 209 $91.00 $19,019.00 $110.00 $22,990.00 $147.00 $30,723.00 $124.63 $26,047.67 I4 Pipe Burst Existing 10" VCP w/ 18" HDPE LF 1,265 $110.00 $139,150.00 $207.00 $261,855.00 $177.00 $223,905.00 $233.53 $295,415.45 I5 Pipe Burst Existing 12" VCP w/ 18" HDPE LF 3,414 $120.00 $409,680.00 $207.00 $706,698.00 $182.00 $621,348.00 $233.53 $797,271.42 I6 Pipe Burst Existing 18" VCP w/ 24" HDPE LF 353 $150.00 $52,950.00 $375.00 $132,375.00 $239.00 $84,367.00 $481.58 $169,997.74 I7 Rehabilitate Existing Manhole with Fiberglass Liner EA 19 $10,600.00 $201,400.00 $2,990.00 $56,810.00 $19,000.00 $361,000.00 $8,494.20 $161,389.80 I8 Manhole Drop Connection (6 ft. Minimum up to 12 ft. Maximum)EA 2 $4,100.00 $8,200.00 $4,820.00 $9,640.00 $4,000.00 $8,000.00 $4,319.70 $8,639.40 I9 5' Diameter Fiberglass Manhole (<8' Depth)EA 2 $18,400.00 $36,800.00 $12,000.00 $24,000.00 $17,000.00 $34,000.00 $8,445.80 $16,891.60 I10 Existing Manhole to be removed EA 2 $1,500.00 $3,000.00 $1,500.00 $3,000.00 $1,400.00 $2,800.00 $2,420.00 $4,840.00 I11 Trench Safety for Wastewater Manholes EA 2 $890.00 $1,780.00 $700.00 $1,400.00 $550.00 $1,100.00 $1,331.00 $2,662.00 I12 Wastewater By-Passing LS 1 $125,500.00 $125,500.00 $200,000.00 $200,000.00 $20,000.00 $20,000.00 $121,000.00 $121,000.00 SUBTOTAL PART H - STORMWATER IMPROVE PART I - WASTEWATER IMPROVEMENTS Page 6 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1110 NAVASOTA RIDGE RD NAVASOTA, TX 77868RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.BAY LTD REYTEC CONSTR RESOURCES CLARK PIPELINE SERVICES*BURNSIDE SERVICES INC PROJ. NO. 18041A 401 CORN PRODUCTS RD 1901 HOLLISTER 6229 LEOPARD ST CC, TX 78409 HOUSTON, TX 77080 CC, TX 78409 I13 Unanticipated Wastewater Service Reconnection (includes new service line and connection)EA 5 $5,500.00 $27,500.00 $15,000.00 $75,000.00 $2,000.00 $10,000.00 $3,083.08 $15,415.40 I14 Allowance for Unanticipated Wastewater Improvements AL 1 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $1,092,517.00 $1,594,332.63 $1,506,103.00 $1,758,714.90 J1 Mobilization (Max 5% Part J)LS 1 $10,000.00 $10,000.00 $24,000.00 $24,000.00 $40,000.00 $40,000.00 $51,425.00 $51,425.00 J2 2" Dia. C900 PVC Waterline LF 750 $20.00 $15,000.00 $22.00 $16,500.00 $35.00 $26,250.00 $26.62 $19,965.00 J3 4" Dia. C900 PVC Waterline LF 20 $97.00 $1,940.00 $38.00 $760.00 $181.00 $3,620.00 $119.19 $2,383.80 J4 6" Dia. C900 PVC Waterline LF 956 $65.00 $62,140.00 $43.00 $41,108.00 $135.00 $129,060.00 $67.60 $64,625.60 J5 8" Dia. C900 PVC Waterline LF 495 $71.00 $35,145.00 $44.00 $21,780.00 $161.00 $79,695.00 $78.01 $38,614.95 J6 12" Dia. C900 PVC Waterline (Lateral & Distribution)LF 4,043 $67.00 $270,881.00 $45.00 $181,935.00 $140.00 $566,020.00 $96.07 $388,411.01 J7 Trench Safety for Waterlines LF 5,494 $4.40 $24,173.60 $1.00 $5,494.00 $2.00 $10,988.00 $2.42 $13,295.48 J8 Existing Waterline Demolition and Removal LF 2,000 $25.00 $50,000.00 $15.00 $30,000.00 $12.00 $24,000.00 $55.06 $110,120.00 J9 2-Inch Connection to 6-Inch Cap with 2- Inch Threaded Tap (Includes Brass Fittings, 90° Ell, Tee, Nipple, Coupling)EA 2 $490.00 $980.00 $575.00 $1,150.00 $1,300.00 $2,600.00 $1,288.65 $2,577.30 J10 12-Inch x 8-Inch D.I.M.J Reducing Cross EA 1 $950.00 $950.00 $1,200.00 $1,200.00 $1,030.00 $1,030.00 $706.52 $706.52 J11 6-Inch x 6-Inch D.I.M.J Tee EA 5 $490.00 $2,450.00 $500.00 $2,500.00 $400.00 $2,000.00 $355.74 $1,778.70 J12 8-Inch x 8-Inch D.I.M.J Tee EA 2 $600.00 $1,200.00 $264.00 $528.00 $590.00 $1,180.00 $451.20 $902.40 J13 12-Inch x 12-Inch D.I.M.J Tee EA 2 $930.00 $1,860.00 $520.00 $1,040.00 $1,050.00 $2,100.00 $788.92 $1,577.84 J14 8-Inch x 6-Inch D.I.M.J Reducing Tee EA 6 $550.00 $3,300.00 $210.00 $1,260.00 $555.00 $3,330.00 $540.87 $3,245.22 J15 12-Inch x 6-Inch D.I.M.J Reducing Tee EA 23 $530.00 $12,190.00 $440.00 $10,120.00 $790.00 $18,170.00 $613.47 $14,109.81 J16 12-Inch x 8-Inch D.I.M.J. Reducing Tee EA 11 $670.00 $7,370.00 $480.00 $5,280.00 $890.00 $9,790.00 $661.87 $7,280.57 J17 6-Inch x 4-Inch Reducer EA 8 $250.00 $2,000.00 $75.00 $600.00 $255.00 $2,040.00 $244.42 $1,955.36 J18 8-Inch x 6-Inch Reducer EA 8 $400.00 $3,200.00 $450.00 $3,600.00 $352.00 $2,816.00 $405.35 $3,242.80 J19 6-Inch D.I.M.J. Gate Valve EA 11 $880.00 $9,680.00 $1,575.00 $17,325.00 $1,545.00 $16,995.00 $1,081.74 $11,899.14 J20 8-Inch D.I.M.J. Gate Valve EA 11 $1,300.00 $14,300.00 $1,920.00 $21,120.00 $1,620.00 $17,820.00 $1,396.34 $15,359.74 J21 12-Inch D.I.M.J. Gate Valve EA 12 $2,300.00 $27,600.00 $2,500.00 $30,000.00 $2,685.00 $32,220.00 $2,405.48 $28,865.76 J22 6-Inch D.I.M.J. 11.25 Deg Bend EA 2 $430.00 $860.00 $125.00 $250.00 $343.00 $686.00 $262.57 $525.14 J23 8-Inch D.I.M.J. 11.25 Deg Bend EA 4 $370.00 $1,480.00 $135.00 $540.00 $432.00 $1,728.00 $321.86 $1,287.44 J24 6-Inch D.I.M.J. 22.5 Deg Bend EA 3 $330.00 $990.00 $95.00 $285.00 $344.00 $1,032.00 $263.78 $791.34 J25 8-Inch D.I.M.J. 22.5 Deg Bend EA 1 $760.00 $760.00 $140.00 $140.00 $425.00 $425.00 $326.70 $326.70 J26 12-Inch D.I.M.J. 22.5 Deg Bend EA 4 $540.00 $2,160.00 $512.00 $2,048.00 $722.00 $2,888.00 $519.09 $2,076.36 J27 4-Inch D.I.M.J. 45 Deg Bend EA 16 $140.00 $2,240.00 $60.00 $960.00 $263.00 $4,208.00 $242.00 $3,872.00 J28 6-Inch D.I.M.J. 45 Deg Bend EA 36 $350.00 $12,600.00 $148.00 $5,328.00 $338.00 $12,168.00 $269.83 $9,713.88 J29 8-Inch D.I.M.J. 45 Deg Bend EA 28 $240.00 $6,720.00 $390.00 $10,920.00 $439.00 $12,292.00 $329.12 $9,215.36 SUBTOTAL PART I - WASTEWATER IMPROVE PART J - WATER IMPROVEMENTS Page 7 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1110 NAVASOTA RIDGE RD NAVASOTA, TX 77868RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.BAY LTD REYTEC CONSTR RESOURCES CLARK PIPELINE SERVICES*BURNSIDE SERVICES INC PROJ. NO. 18041A 401 CORN PRODUCTS RD 1901 HOLLISTER 6229 LEOPARD ST CC, TX 78409 HOUSTON, TX 77080 CC, TX 78409 J30 12-Inch D.I.M.J. 45 Deg Bend EA 14 $490.00 $6,860.00 $520.00 $7,280.00 $680.00 $9,520.00 $539.66 $7,555.24 J31 6-Inch D.I.M.J 90 Deg Bend EA 3 $340.00 $1,020.00 $95.00 $285.00 $340.00 $1,020.00 $283.14 $849.42 J32 8-Inch D.I.M.J 90 Deg Bend EA 1 $780.00 $780.00 $180.00 $180.00 $487.00 $487.00 $338.80 $338.80 J33 4-Inch D.I.M.J. Long Patern Sleeve (1-Foot Min.)EA 8 $180.00 $1,440.00 $66.00 $528.00 $1,100.00 $8,800.00 $363.00 $2,904.00 J34 6-Inch D.I.M.J. Long Patern Sleeve (1-Foot Min.)EA 5 $260.00 $1,300.00 $110.00 $550.00 $1,562.00 $7,810.00 $396.88 $1,984.40 J35 8-Inch D.I.M.J. Long Patern Sleeve (1-Foot Min.)EA 3 $410.00 $1,230.00 $188.00 $564.00 $2,021.00 $6,063.00 $469.48 $1,408.44 J36 12-Inch D.I.M.J. Long Patern Sleeve (1- Foot Min.)EA 2 $680.00 $1,360.00 $190.00 $380.00 $3,084.00 $6,168.00 $638.88 $1,277.76 J37 4-Inch. D.I. Spool Piece (2-Foot Typ.)EA 21 $110.00 $2,310.00 $46.00 $966.00 $111.00 $2,331.00 $314.60 $6,606.60 J38 6-Inch. D.I. Spool Piece (2-Foot Typ.)EA 47 $57.00 $2,679.00 $58.00 $2,726.00 $108.00 $5,076.00 $326.70 $15,354.90 J39 8-Inch. D.I. Spool Piece (2-Foot Typ.)EA 30 $330.00 $9,900.00 $70.00 $2,100.00 $131.00 $3,930.00 $338.80 $10,164.00 J40 12-Inch. D.I. Spool Piece (2-Foot Typ.)EA 1 $1,100.00 $1,100.00 $710.00 $710.00 $792.00 $792.00 $1,028.50 $1,028.50 J41 6-Inch Cap with 2-Inch Threaded Tap EA 2 $370.00 $740.00 $420.00 $840.00 $226.00 $452.00 $1,240.25 $2,480.50 J42 12-Inch Cap EA 1 $370.00 $370.00 $502.00 $502.00 $550.00 $550.00 $822.80 $822.80 J43 6-Inch Plug EA 5 $350.00 $1,750.00 $285.00 $1,425.00 $215.00 $1,075.00 $272.25 $1,361.25 J44 Fire Hydrant Assembly (Type 1)(Long)(Includes F.H., Vavle and D.I. Lead)EA 8 $5,300.00 $42,400.00 $5,100.00 $40,800.00 $5,820.00 $46,560.00 $4,224.72 $33,797.76 J45 Fire Hydrant Assembly (Type 1)(Short)(Includes F.H., Valve and D.I. Lead)EA 16 $4,200.00 $67,200.00 $4,675.00 $74,800.00 $5,864.00 $93,824.00 $3,940.97 $63,055.52 J46 Fire Hydrant Assembly Removal and Salvage EA 9 $430.00 $3,870.00 $675.00 $6,075.00 $1,100.00 $9,900.00 $665.50 $5,989.50 J47 Transmission Main Lateral Valve Plug EA 14 $1,300.00 $18,200.00 $4,050.00 $56,700.00 $1,940.00 $27,160.00 $2,879.80 $40,317.20 J48 Water Service Reconnections (Includes new 1" max dia. service line and connection)EA 5 $1,300.00 $6,500.00 $2,800.00 $14,000.00 $760.00 $3,800.00 $1,391.50 $6,957.50 J49 Existing Water Valve Box Adjustments EA 5 $510.00 $2,550.00 $500.00 $2,500.00 $660.00 $3,300.00 $479.16 $2,395.80 J50 Unanticipated Grout Fill and Abandon In Place Existing Waterline LF 100 $74.00 $7,400.00 $68.00 $6,800.00 $62.00 $6,200.00 $32.67 $3,267.00 J51 Unanticipated Transmission Main Lateral Valve Replacement EA 5 $0.00 $0.00 $4,300.00 $21,500.00 $5,100.00 $25,500.00 $3,979.69 $19,898.45 J52 Allowance for Unanticipated Water Improvements AL 1 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $795,128.60 $709,982.00 $1,327,469.00 $1,069,965.56SUBTOTAL PART J - WATER IMPROVEMENTS Page 8 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1110 NAVASOTA RIDGE RD NAVASOTA, TX 77868RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.BAY LTD REYTEC CONSTR RESOURCES CLARK PIPELINE SERVICES*BURNSIDE SERVICES INC PROJ. NO. 18041A 401 CORN PRODUCTS RD 1901 HOLLISTER 6229 LEOPARD ST CC, TX 78409 HOUSTON, TX 77080 CC, TX 78409 $13,466,633.10 $13,667,089.51 $16,997,071.60 $18,132,559.60TOTAL BASE BID - (PARTS A THRU J) *Bid deemed Non-Responsive - Bidders Statement of Experience fialed to demonstate bidder has the 5 year minimum experience required to perform the scope of work. Page 9 of 9 BID DATE: Friday, October 2, 2020 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT BASE BID 2 - HMAC A1 Mobilization (Max 5% Part A)LS 1 $12,800.00 $12,800.00 $90,750.00 $90,750.00 $42,033.25 $42,033.25 $0.00 A2 Bonds and Insurance AL 1 $88,000.00 $88,000.00 $211,750.00 $211,750.00 $178,635.00 $178,635.00 $0.00 A3 Ozone Action Day EA 6 $1.25 $7.50 $181.50 $1,089.00 $500.00 $3,000.00 $0.00 A4 Clear Right-of-Way AC 10 $24,000.00 $228,000.00 $6,050.00 $57,475.00 $6,320.00 $60,040.00 $0.00 A5 Survey Monument EA 2 $260.00 $520.00 $1,028.50 $2,057.00 $1,000.00 $2,000.00 $0.00 A6 Traffic Control Plan and Preparation EA 1 $30,800.00 $30,800.00 $30,250.00 $30,250.00 $16,000.00 $16,000.00 $0.00 A7 Traffic Control Mobilization/Adjustments EA 1 $16,700.00 $16,700.00 $16,373.72 $16,373.72 $10,000.00 $10,000.00 $0.00 A8 Traffic Control Items (Barrels, Signs, Temp. Pavement Markings etc.)MO 28 $5,400.00 $151,200.00 $3,764.31 $105,400.68 $3,000.00 $84,000.00 $0.00 A9 Traffic Control Low Profile Concrete Barriers (20 ft. Barrier)EA 300 $38.00 $11,400.00 $756.25 $226,875.00 $1,232.00 $369,600.00 $0.00 A10 Traffic Control Message Boards EA 6 $20,000.00 $120,000.00 $21,284.66 $127,707.96 $17,875.00 $107,250.00 $0.00 A11 Traffic Control Temporary Pavement SY 30,000 $1.53 $45,900.00 $16.94 $508,200.00 $10.00 $300,000.00 $0.00 A12 Temporary Traffic Signal Design and Preparation EA 1 $22,200.00 $22,200.00 $11,313.50 $11,313.50 $19,800.00 $19,800.00 $0.00 A13 Temporary Traffic Signal EA 3 $39,500.00 $118,500.00 $23,958.00 $71,874.00 $35,200.00 $105,600.00 $0.00 A14 Block Sodding SY 10,234 $5.60 $57,310.40 $5.75 $58,845.50 $5.70 $58,333.80 $0.00 A15 Stormwater Pollution Prevention Plan LS 1 $1,200.00 $1,200.00 $18,150.00 $18,150.00 $5,500.00 $5,500.00 $0.00 A16 Silt Fence for Stormwater Pollution Prevention Plan LF 4,698 $2.40 $11,275.20 $4.84 $22,738.32 $2.00 $9,396.00 $0.00 A17 Stormwater Structure Protection (Proposed and Existing)(Inlets, Manholes, Junction Boxes, Risers)EA 162 $130.00 $21,060.00 $163.35 $26,462.70 $115.00 $18,630.00 $0.00 A18 Allowance for Unanticipated Environmental Issues AL 1 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $0.00 $961,873.10 $1,612,312.38 $1,414,818.05 NO BID B1 Mobilization (Max 5% Part B)LS 1 $11,600.00 $11,600.00 $211,750.00 $211,750.00 $110,075.00 $110,075.00 $0.00 B2 2" Type D HMAC (Final Surface)SY 30,856 $11.75 $362,558.00 $27.23 $840,208.88 $16.50 $509,124.00 $0.00 B3 4" Type B HMAC (Initial Surface)SY 30,856 $19.00 $586,264.00 $36.30 $1,120,072.80 $27.50 $848,540.00 $0.00 B4 Prime Coat, MC-30 (0.15 Gal/SY)GAL 4,629 $4.20 $19,441.80 $5.75 $26,616.75 $5.50 $25,459.50 $0.00 B5 11" Flex Base Material Type A Grade 1-2 SY 31,369 $23.00 $721,487.00 $30.25 $948,912.25 $28.00 $878,332.00 $0.00 B6 12" Compacted Subgrade SY 31,369 $2.70 $84,696.30 $3.63 $113,869.47 $2.50 $78,422.50 $0.00 B7 TX-5 Geogrid (1' beyond B.C.)SY 34,794 $4.00 $139,176.00 $4.84 $168,402.96 $1.75 $60,889.50 $0.00 B8 Street Excavation (Removal and Disposal)SY 34,794 $11.25 $391,432.50 $10.08 $350,723.52 $8.85 $307,926.90 $0.00 B9 Reflective Pavement Markers (Type 1)(White)(4")(Broken)(090 MIL)LF 1,991 $1.10 $2,190.10 $1.51 $3,006.41 $1.00 $1,991.00 $0.00 401 CORN PRODUCTS RD CC, TX 78409RFB #3213 PART A - GENERAL SUBTOTAL PART A - GENERAL PART B - STREET IMPROVEMENTS TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.* BURNSIDE SERVICES INCCLARK PIPELINE SERVICES REYTEC CONSTR RESOURCESBAY LTD PROJ. NO. 18041A 1110 NAVASOTA RIDGE RD6229 LEOPARD ST 1901 HOLLISTER NAVASOTA, TX 77868CC, TX 78409 HOUSTON, TX 77080 Page 1 of 7 HMAC ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 401 CORN PRODUCTS RD CC, TX 78409RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.* BURNSIDE SERVICES INCCLARK PIPELINE SERVICES REYTEC CONSTR RESOURCESBAY LTD PROJ. NO. 18041A 1110 NAVASOTA RIDGE RD6229 LEOPARD ST 1901 HOLLISTER NAVASOTA, TX 77868CC, TX 78409 HOUSTON, TX 77080 B10 Reflective Pavement Markers (Type 1)(White)(4")(Solid)(090 MIL)LF 378 $1.10 $415.80 $1.51 $570.78 $1.00 $378.00 $0.00 B11 Reflective Pavement Markers (Type 1)(Yellow)(4")(Broken)(090 MIL)LF 1,480 $1.10 $1,628.00 $1.51 $2,234.80 $1.00 $1,480.00 $0.00 B12 Reflective Pavement Markers (Type 1)(Yellow)(4")(Solid)(090 MIL)LF 8,558 $1.10 $9,413.80 $1.51 $12,922.58 $1.00 $8,558.00 $0.00 B13 Reflective Pavement Markers (Type 1)(Yellow)(8")(Solid)(090 MIL)LF 0 $3.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 B14 Reflective Pavement Markers (Type 1)(White)(8")(Solid)(090 MIL)LF 484 $2.20 $1,064.80 $3.03 $1,466.52 $1.98 $958.32 $0.00 B15 Reflective Pavement Markers (Type 1)(White)(12")(Solid Gore)(090 MIL)LF 128 $3.30 $422.40 $4.54 $581.12 $2.97 $380.16 $0.00 B16 Reflective Pavement Marker Symbol (Type C Heat Applied)(White)(Thru-Turn-Arrow or Word)(125 MIL)(Preformed Thermoplastic)EA 28 $220.00 $6,160.00 $242.00 $6,776.00 $192.50 $5,390.00 $0.00 B17 Raised Pavement Markers (Type I-C)EA 114 $6.20 $706.80 $7.26 $827.64 $5.50 $627.00 $0.00 B18 Raised Pavement Markers (Type II-A-A)EA 408 $6.20 $2,529.60 $7.26 $2,962.08 $5.50 $2,244.00 $0.00 B19 Raised Pavement Markers (Type II-B-B)EA 42 $6.20 $260.40 $7.26 $304.92 $5.50 $231.00 $0.00 B20 New Standard 6" Concrete Driveway SF 10,395 $14.50 $150,727.50 $11.19 $116,320.05 $6.72 $69,854.40 $0.00 B21 Demolition of Existing Concrete Driveway SF 9,705 $7.25 $70,361.25 $5.04 $48,913.20 $1.00 $9,705.00 $0.00 B22 Pavement Repair (Type 1 and 2)SY 935 $160.00 $149,600.00 $121.00 $113,135.00 $97.00 $90,695.00 $0.00 B23 Pavement Repair (Type 3)SY 262 $96.00 $25,152.00 $145.20 $38,042.40 $300.00 $78,600.00 $0.00 B24 New Regulatory Signage EA 91 $290.00 $26,390.00 $284.35 $25,875.85 $258.00 $23,478.00 $0.00 B25 New Sign Support Assembly (Pole)(Triangular Slipbase System)EA 72 $350.00 $25,200.00 $344.85 $24,829.20 $313.50 $22,572.00 $0.00 B26 Removal of Existing Signage and Support Assembly (Pole Foundation)EA 48 $74.00 $3,552.00 $72.60 $3,484.80 $200.00 $9,600.00 $0.00 B27 Adjustment of Existing Manhole Ring\Cover EA 6 $1,600.00 $9,600.00 $1,512.50 $9,075.00 $750.00 $4,500.00 $0.00 B28 Unanticipated Tree Removal and Replacement EA 10 $580.00 $5,800.00 $1,149.50 $11,495.00 $5,000.00 $50,000.00 $0.00 B29 Unanticipated Fence Removal and Replacement LF 100 $72.00 $7,200.00 $54.45 $5,445.00 $60.00 $6,000.00 $0.00 B30 Allowance for Unanticipated Street Improvements AL 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $0.00 $2,865,030.05 $4,258,824.98 $3,256,011.28 NO BID C1 Mobilization (Max 5% Part C)LS 1 $5,800.00 $5,800.00 $51,425.00 $51,425.00 $12,070.00 $12,070.00 $0.00 C2 Concrete Pedestrian Sidewalk SF 41,490 $7.60 $315,324.00 $7.16 $297,068.40 $6.00 $248,940.00 $0.00 C3 Concrete Curb Ramp SF 4,944 $18.50 $91,464.00 $29.92 $147,924.48 $8.50 $42,024.00 $0.00 C4 Sidewalk and Concrete Curb Ramp Demolition SF 25,100 $5.40 $135,540.00 $2.42 $60,742.00 $1.50 $37,650.00 $0.00 SUBTOTAL PART B - STREET IMPROVEMENTS PART C - ADA IMPROVEMENTS Page 2 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 401 CORN PRODUCTS RD CC, TX 78409RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.* BURNSIDE SERVICES INCCLARK PIPELINE SERVICES REYTEC CONSTR RESOURCESBAY LTD PROJ. NO. 18041A 1110 NAVASOTA RIDGE RD6229 LEOPARD ST 1901 HOLLISTER NAVASOTA, TX 77868CC, TX 78409 HOUSTON, TX 77080 C5 Reflective Pavement Markers for Crosswalk (Type C Heat Applied)(White) (24")(125 MIL)(Preformed Thermoplastic)LF 1,276 $17.25 $22,011.00 $19.36 $24,703.36 $4.65 $5,933.40 $0.00 C6 Reflective Pavement Markers for Stop Bar (Type C Heat Applied)(White) (24")(125 MIL)(Preformed Thermoplastic)LF 430 $17.25 $7,417.50 $19.36 $8,324.80 $4.85 $2,085.50 $0.00 C7 New Parking Curb Stop EA 3 $460.00 $1,380.00 $3,267.00 $9,801.00 $500.00 $1,500.00 $0.00 C8 Unanticipated Sidewalk Retaining Curb LF 100 $46.00 $4,600.00 $52.20 $5,220.00 $25.00 $2,500.00 $0.00 C9 Unanticipated Sidewalk Drain LF 25 $390.00 $9,750.00 $368.34 $9,208.50 $170.00 $4,250.00 $0.00 $593,286.50 $614,417.54 $356,952.90 NO BID D1 Mobilization (Max 5% Part D)LS 1 $40,700.00 $40,700.00 $51,425.00 $51,425.00 $36,550.00 $36,550.00 $0.00 D2 New Baldwin Blvd. Signalization LS 1 $271,200.00 $271,200.00 $344,050.19 $344,050.19 $242,000.00 $242,000.00 $0.00 D3 New Louisiana Ave. Signalization LS 1 $271,200.00 $271,200.00 $311,480.62 $311,480.62 $242,000.00 $242,000.00 $0.00 D4 New Annapolis Dr. Signalization LS 1 $271,200.00 $271,200.00 $326,277.71 $326,277.71 $242,000.00 $242,000.00 $0.00 D5 Allowance for Unanticipated Signalization Improvements AL 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $0.00 $859,300.00 $1,038,233.52 $767,550.00 NO BID E1 Mobilization (Max 5% Part E)LS 1 $5,800.00 $5,800.00 $51,425.00 $51,425.00 $2,598.00 $2,598.00 $0.00 E2 8" Concrete Bus Pad SF 6,005 $17.00 $102,085.00 $17.55 $105,387.75 $8.88 $53,324.40 $0.00 E3 Concrete Shelter Pad SF 2,100 $17.25 $36,225.00 $14.52 $30,492.00 $6.72 $14,112.00 $0.00 E4 Demolition of Existing Concrete Shelter Pad SF 3,068 $5.50 $16,874.00 $24.20 $74,245.60 $1.50 $4,602.00 $0.00 E5 Demolition of Existing Concrete Bus Pad SF 1,168 $9.50 $11,096.00 $48.40 $56,531.20 $1.50 $1,752.00 $0.00 E6 Shelter Pad Striping (Yellow)(Solid)(Full Width of Curb)LF 210 $3.70 $777.00 $7.87 $1,652.70 $2.00 $420.00 $0.00 $172,857.00 $319,734.25 $76,808.40 NO BID F1 Mobilization (Max 5% Part F)LS 1 $4,100.00 $4,100.00 $4,781.92 $4,781.92 $3,037.65 $3,037.65 $0.00 F2 2" PVC (Sch.40) Electrical Conduit (IT/MIS) with mule tape LF 4,730 $13.00 $61,490.00 $15.73 $74,402.90 $13.00 $61,490.00 $0.00 F3 New Basis Polymer Concrete Pull Box 24"X36"X18" w/ 3" Gravel (IT/MIS)EA 9 $2,300.00 $20,700.00 $2,359.50 $21,235.50 $2,700.00 $24,300.00 $0.00 F4 Allowance for Unanticipated I.T. Improvements AL 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $0.00 $87,290.00 $101,420.32 $89,827.65 NO BID G1 Mobilization (Max 5% Part G)LS 1 $2,900.00 $2,900.00 $18,150.00 $18,150.00 $3,680.79 $3,680.79 $0.00 G2 Trenching for Gas Line LF 6,718 $3.50 $23,513.00 $24.20 $162,575.60 $9.85 $66,172.30 $0.00 G3 Backfill and Compaction for Gas Line Trench LF 6,718 $5.50 $36,949.00 $38.72 $260,120.96 $5.06 $33,993.08 $0.00 PART D - SIGNALIZATION IMPROVEMENTS SUBTOTAL PART D - SIGNALIZATION IMPROVE PART E - RTA IMPROVEMENTS SUBTOTAL PART E - RTA IMPROVEMENTS PART F - I.T. IMPROVEMENTS SUBTOTAL PART F - I.T. IMPROVEMENTS PART G - GAS IMPROVEMENTS SUBTOTAL PART C - ADA IMPROVEMENTS Page 3 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 401 CORN PRODUCTS RD CC, TX 78409RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.* BURNSIDE SERVICES INCCLARK PIPELINE SERVICES REYTEC CONSTR RESOURCESBAY LTD PROJ. NO. 18041A 1110 NAVASOTA RIDGE RD6229 LEOPARD ST 1901 HOLLISTER NAVASOTA, TX 77868CC, TX 78409 HOUSTON, TX 77080 G4 Allowance for Unanticipated Gas Improvements AL 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $0.00 $68,362.00 $445,846.56 $108,846.17 NO BID H1 Mobilization (Max 5% Part H)LS 1 $41,000.00 $41,000.00 $302,500.00 $302,500.00 $137,935.00 $137,935.00 $0.00 H2 Standard 5 Foot Curb Inlet (Width Varies)EA 50 $8,100.00 $405,000.00 $7,623.00 $381,150.00 $6,600.00 $330,000.00 $0.00 H3 Modified 5 Foot Curb Inlet with Bottom or Front Extension (Width Varies)EA 4 $10,000.00 $40,000.00 $7,441.50 $29,766.00 $6,880.00 $27,520.00 $0.00 H4 Standard 6 Foot Curb Inlet (Width Varies)EA 2 $9,900.00 $19,800.00 $8,167.50 $16,335.00 $7,620.00 $15,240.00 $0.00 H5 Curb Inlet Extension (5' Throat Opening)EA 5 $3,000.00 $15,000.00 $11,555.50 $57,777.50 $4,500.00 $22,500.00 $0.00 H6 Dual Grate Inlet EA 1 $6,000.00 $6,000.00 $5,989.50 $5,989.50 $6,010.00 $6,010.00 $0.00 H7 6" Standard Curb and Gutter (Including subgrade prep, limestone base and backfill 1' beyond B.C.)LF 10,240 $39.00 $399,360.00 $27.52 $281,804.80 $5.00 $51,200.00 $0.00 H8 Valley Gutter (5' Wide)LF 84 $190.00 $15,960.00 $85.37 $7,171.08 $90.00 $7,560.00 $0.00 H9 18" Reinforced Concrete Pipe (Class III)LF 1,733 $110.00 $190,630.00 $132.45 $229,535.85 $79.00 $136,907.00 $0.00 H10 24" Reinforced Concrete Pipe (Class III)LF 774 $120.00 $92,880.00 $188.16 $145,635.84 $86.00 $66,564.00 $0.00 H11 30" Reinforced Concrete Pipe (Class III)LF 315 $160.00 $50,400.00 $183.44 $57,783.60 $92.00 $28,980.00 $0.00 H12 36" Reinforced Concrete Pipe (Class III)LF 53 $240.00 $12,720.00 $221.07 $11,716.71 $133.00 $7,049.00 $0.00 H13 42" Reinforced Concrete Pipe (Class III)LF 113 $250.00 $28,250.00 $256.90 $29,029.70 $162.00 $18,306.00 $0.00 H14 48" Reinforced Concrete Pipe (Class III)LF 534 $270.00 $144,180.00 $292.27 $156,072.18 $188.00 $100,392.00 $0.00 H15 5'X5' Reinforced Concrete Box (Class III)LF 1,037 $470.00 $487,390.00 $452.19 $468,921.03 $489.00 $507,093.00 $0.00 H16 6'X6' Reinforced Concrete Box (Class III)LF 1,517 $690.00 $1,046,730.00 $580.30 $880,315.10 $540.00 $819,180.00 $0.00 H17 8'X6' Reinforced Concrete Box (Class III)LF 832 $960.00 $798,720.00 $802.27 $667,488.64 $711.00 $591,552.00 $0.00 H18 8'X8' Reinforced Concrete Box (Class III)LF 472 $1,100.00 $519,200.00 $828.75 $391,170.00 $811.00 $382,792.00 $0.00 H19 Type 'A' Concrete Storm Water Manhole (Less than 8' Depth)EA 1 $7,000.00 $7,000.00 $4,517.33 $4,517.33 $4,400.00 $4,400.00 $0.00 H20 Type 'A' Concrete Storm Water Manhole (8' to 12' Depth)EA 3 $8,500.00 $25,500.00 $5,626.50 $16,879.50 $7,010.00 $21,030.00 $0.00 H21 Type 'A' Concrete Storm Water Manhole (12' to 16' Depth)EA 1 $11,200.00 $11,200.00 $11,071.50 $11,071.50 $7,200.00 $7,200.00 $0.00 H22 Type 'C' Concrete Storm Water Manhole (8' to 12' Depth)EA 3 $14,600.00 $43,800.00 $19,965.00 $59,895.00 $12,300.00 $36,900.00 $0.00 H23 Type 'D' Concrete Storm Water Manhole (8' to 12' Depth)EA 2 $12,400.00 $24,800.00 $33,033.00 $66,066.00 $10,215.00 $20,430.00 $0.00 H24 Type 'D' Concrete Storm Water Manhole (12' to 16' Depth)EA 2 $18,300.00 $36,600.00 $38,478.00 $76,956.00 $14,960.00 $29,920.00 $0.00 H25 Type 'D' Concrete Storm Water Manhole (16' to 20' Depth)EA 3 $20,000.00 $60,000.00 $42,108.00 $126,324.00 $16,920.00 $50,760.00 $0.00 H26 Concrete Storm Water Manhole Riser (Less than 8' Depth)EA 1 $7,600.00 $7,600.00 $11,777.33 $11,777.33 $4,700.00 $4,700.00 $0.00 H27 Concrete Storm Water Manhole Riser (8' to 12' Depth)EA 5 $8,200.00 $41,000.00 $13,189.00 $65,945.00 $5,450.00 $27,250.00 $0.00 PART H - STORMWATER IMPROVEMENTS SUBTOTAL PART G - GAS IMPROVEMENTS Page 4 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 401 CORN PRODUCTS RD CC, TX 78409RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.* BURNSIDE SERVICES INCCLARK PIPELINE SERVICES REYTEC CONSTR RESOURCESBAY LTD PROJ. NO. 18041A 1110 NAVASOTA RIDGE RD6229 LEOPARD ST 1901 HOLLISTER NAVASOTA, TX 77868CC, TX 78409 HOUSTON, TX 77080 H28 Concrete Storm Water Manhole Riser (12' to 16' Depth)EA 6 $11,200.00 $67,200.00 $18,634.00 $111,804.00 $6,750.00 $40,500.00 $0.00 H29 Concrete Storm Water Manhole Riser (16' to 20' Depth)EA 1 $12,000.00 $12,000.00 $22,264.00 $22,264.00 $6,835.00 $6,835.00 $0.00 H30 Concrete Storm Water Junction Box #1 (~24' Depth)EA 1 $37,500.00 $37,500.00 $125,235.00 $125,235.00 $44,200.00 $44,200.00 $0.00 H31 Concrete Storm Water Junction Box #2 (~22' Depth)EA 1 $35,900.00 $35,900.00 $105,875.00 $105,875.00 $33,320.00 $33,320.00 $0.00 H32 Concrete Storm Water Junction Box #3 (~21' Depth)EA 1 $34,000.00 $34,000.00 $90,145.00 $90,145.00 $31,910.00 $31,910.00 $0.00 H33 Concrete Storm Water Junction Box #4 (~20' Depth)EA 1 $35,400.00 $35,400.00 $88,935.00 $88,935.00 $32,700.00 $32,700.00 $0.00 H34 Concrete Storm Water Junction Box #5 (~12' Depth)EA 1 $31,000.00 $31,000.00 $68,486.00 $68,486.00 $28,000.00 $28,000.00 $0.00 H35 Concrete Storm Water Junction Box #6 (~11.5' Depth)EA 1 $27,000.00 $27,000.00 $66,066.00 $66,066.00 $26,165.00 $26,165.00 $0.00 H36 Trench Safety for Stormwater Lines LF 7,380 $13.75 $101,475.00 $7.26 $53,578.80 $1.00 $7,380.00 $0.00 H37 Trench Safety for Stormwater Structures (Including Inlets, Manholes, Risers, Junction Boxes)EA 37 $1,500.00 $55,500.00 $1,512.50 $55,962.50 $75.00 $2,775.00 $0.00 H38 Reinforced Concrete Box Repair SF 64 $110.00 $7,040.00 $175.45 $11,228.80 $25.00 $1,600.00 $0.00 H39 Reinforced Concrete Pipe Plug EA 1 $1,600.00 $1,600.00 $1,623.82 $1,623.82 $750.00 $750.00 $0.00 H40 Curb and Gutter Demolition and Removal LF 9,735 $7.90 $76,906.50 $6.05 $58,896.75 $1.70 $16,549.50 $0.00 H41 Existing Curb Inlet Demolition EA 46 $1,000.00 $46,000.00 $1,089.00 $50,094.00 $575.00 $26,450.00 $0.00 H42 Existing Dual Grate Inlet Demolition EA 1 $1,400.00 $1,400.00 $1,815.00 $1,815.00 $780.00 $780.00 $0.00 H43 Reinforced Concrete Pipe to be removed LF 10,880 $11.00 $119,680.00 $47.06 $512,012.80 $18.00 $195,840.00 $0.00 H44 Reinforced Concrete Box to be removed LF 13 $260.00 $3,380.00 $84.70 $1,101.10 $100.00 $1,300.00 $0.00 H45 Existing Concrete Manhole or Junction Box to be removed EA 25 $1,000.00 $25,000.00 $3,630.00 $90,750.00 $575.00 $14,375.00 $0.00 H46 Well Pointing for Stormwater improvement excavations LF 1,304 $62.00 $80,848.00 $102.85 $134,116.40 $40.00 $52,160.00 $0.00 H47 Allowance for Unanticipated Stormwater Improvements AL 1 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $0.00 $5,429,549.50 $6,269,584.16 $4,082,959.50 NO BID I1 Mobilization (Max 5% Part I)LS 1 $17,300.00 $17,300.00 $84,700.00 $84,700.00 $53,914.63 $53,914.63 $0.00 I2 Pipe Burst Existing 8" VCP w/ 10" HDPE LF 222 $77.00 $17,094.00 $110.11 $24,444.42 $75.00 $16,650.00 $0.00 I3 Pipe Burst Existing 10" VCP w/ 12" HDPE LF 209 $90.00 $18,810.00 $124.63 $26,047.67 $110.00 $22,990.00 $0.00 I4 Pipe Burst Existing 10" VCP w/ 18" HDPE LF 1,265 $110.00 $139,150.00 $233.53 $295,415.45 $207.00 $261,855.00 $0.00 I5 Pipe Burst Existing 12" VCP w/ 18" HDPE LF 3,414 $110.00 $375,540.00 $233.53 $797,271.42 $207.00 $706,698.00 $0.00 I6 Pipe Burst Existing 18" VCP w/ 24" HDPE LF 353 $150.00 $52,950.00 $481.58 $169,997.74 $375.00 $132,375.00 $0.00 I7 Rehabilitate Existing Manhole with Fiberglass Liner EA 19 $10,400.00 $197,600.00 $8,494.20 $161,389.80 $2,990.00 $56,810.00 $0.00 SUBTOTAL PART H - STORMWATER IMPROVE PART I - WASTEWATER IMPROVEMENTS Page 5 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 401 CORN PRODUCTS RD CC, TX 78409RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.* BURNSIDE SERVICES INCCLARK PIPELINE SERVICES REYTEC CONSTR RESOURCESBAY LTD PROJ. NO. 18041A 1110 NAVASOTA RIDGE RD6229 LEOPARD ST 1901 HOLLISTER NAVASOTA, TX 77868CC, TX 78409 HOUSTON, TX 77080 I8 Manhole Drop Connection (6 ft. Minimum up to 12 ft. Maximum)EA 2 $4,000.00 $8,000.00 $4,319.70 $8,639.40 $4,820.00 $9,640.00 $0.00 I9 5' Diameter Fiberglass Manhole (Less than 8' Depth)EA 2 $18,000.00 $36,000.00 $8,445.80 $16,891.60 $12,000.00 $24,000.00 $0.00 I10 Existing Manhole to be removed EA 2 $1,500.00 $3,000.00 $2,420.00 $4,840.00 $1,500.00 $3,000.00 $0.00 I11 Trench Safety for Wastewater Manholes EA 2 $870.00 $1,740.00 $1,331.00 $2,662.00 $700.00 $1,400.00 $0.00 I12 Wastewater By-Passing LS 1 $123,300.00 $123,300.00 $121,000.00 $121,000.00 $200,000.00 $200,000.00 $0.00 I13 Unanticipated Wastewater Service Reconnection (includes new service line and connection)EA 5 $5,400.00 $27,000.00 $3,083.08 $15,415.40 $15,000.00 $75,000.00 $0.00 I14 Allowance for Unanticipated Wastewater Improvements AL 1 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $0.00 $1,047,484.00 $1,758,714.90 $1,594,332.63 NO BID J1 Mobilization (Max 5% Part J)LS 1 $5,800.00 $5,800.00 $51,425.00 $51,425.00 $24,000.00 $24,000.00 $0.00 J2 2" Dia. C900 PVC Waterline LF 750 $20.00 $15,000.00 $26.62 $19,965.00 $22.00 $16,500.00 $0.00 J3 4" Dia. C900 PVC Waterline LF 20 $97.00 $1,940.00 $119.19 $2,383.80 $38.00 $760.00 $0.00 J4 6" Dia. C900 PVC Waterline LF 956 $65.00 $62,140.00 $67.60 $64,625.60 $43.00 $41,108.00 $0.00 J5 8" Dia. C900 PVC Waterline LF 495 $71.00 $35,145.00 $78.01 $38,614.95 $44.00 $21,780.00 $0.00 J6 12" Dia. C900 PVC Waterline (Lateral & Distribution)LF 4,043 $67.00 $270,881.00 $96.07 $388,411.01 $45.00 $181,935.00 $0.00 J7 Trench Safety for Waterlines LF 5,494 $2.70 $14,833.80 $2.42 $13,295.48 $1.00 $5,494.00 $0.00 J8 Existing Waterline Demolition and Removal LF 2,000 $25.00 $50,000.00 $55.06 $110,120.00 $15.00 $30,000.00 $0.00 J9 2-Inch Connection to 6-Inch Cap with 2- Inch Threaded Tap (Including Brass Fittings, 90° Ell, Tee, Nipple, Coupling)EA 2 $490.00 $980.00 $1,288.65 $2,577.30 $575.00 $1,150.00 $0.00 J10 12-Inch x 8-Inch D.I.M.J Reducing Cross EA 1 $950.00 $950.00 $706.52 $706.52 $1,200.00 $1,200.00 $0.00 J11 6-Inch x 6-Inch D.I.M.J Tee EA 5 $490.00 $2,450.00 $355.74 $1,778.70 $500.00 $2,500.00 $0.00 J12 8-Inch x 8-Inch D.I.M.J Tee EA 2 $600.00 $1,200.00 $451.20 $902.40 $264.00 $528.00 $0.00 J13 12-Inch x 12-Inch D.I.M.J Tee EA 2 $930.00 $1,860.00 $788.92 $1,577.84 $520.00 $1,040.00 $0.00 J14 8-Inch x 6-Inch D.I.M.J Reducing Tee EA 6 $550.00 $3,300.00 $540.87 $3,245.22 $210.00 $1,260.00 $0.00 J15 12-Inch x 6-Inch D.I.M.J Reducing Tee EA 23 $530.00 $12,190.00 $613.47 $14,109.81 $440.00 $10,120.00 $0.00 J16 12-Inch x 8-Inch D.I.M.J. Reducing Tee EA 11 $670.00 $7,370.00 $661.87 $7,280.57 $480.00 $5,280.00 $0.00 J17 6-Inch x 4-Inch Reducer EA 8 $250.00 $2,000.00 $244.42 $1,955.36 $75.00 $600.00 $0.00 J18 8-Inch x 6-Inch Reducer EA 8 $400.00 $3,200.00 $405.35 $3,242.80 $450.00 $3,600.00 $0.00 J19 6-Inch D.I.M.J. Gate Valve EA 11 $880.00 $9,680.00 $1,081.74 $11,899.14 $1,575.00 $17,325.00 $0.00 J20 8-Inch D.I.M.J. Gate Valve EA 11 $1,300.00 $14,300.00 $1,396.34 $15,359.74 $1,920.00 $21,120.00 $0.00 J21 12-Inch D.I.M.J. Gate Valve EA 12 $2,300.00 $27,600.00 $2,405.48 $28,865.76 $2,500.00 $30,000.00 $0.00 J22 6-Inch D.I.M.J. 11.25 Deg Bend EA 2 $430.00 $860.00 $262.57 $525.14 $125.00 $250.00 $0.00 J23 8-Inch D.I.M.J. 11.25 Deg Bend EA 4 $370.00 $1,480.00 $321.86 $1,287.44 $135.00 $540.00 $0.00 J24 6-Inch D.I.M.J. 22.5 Deg Bend EA 3 $330.00 $990.00 $263.78 $791.34 $95.00 $285.00 $0.00 J25 8-Inch D.I.M.J. 22.5 Deg Bend EA 1 $760.00 $760.00 $326.70 $326.70 $140.00 $140.00 $0.00 J26 12-Inch D.I.M.J. 22.5 Deg Bend EA 4 $540.00 $2,160.00 $519.09 $2,076.36 $512.00 $2,048.00 $0.00 J27 4-Inch D.I.M.J. 45 Deg Bend EA 16 $140.00 $2,240.00 $242.00 $3,872.00 $60.00 $960.00 $0.00 SUBTOTAL PART I - WASTEWATER IMPROVE PART J - WATER IMPROVEMENTS Page 6 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 401 CORN PRODUCTS RD CC, TX 78409RFB #3213 S. STAPLES STREET - BALDWIN BLVD. TO KOSTORYZ RD.* BURNSIDE SERVICES INCCLARK PIPELINE SERVICES REYTEC CONSTR RESOURCESBAY LTD PROJ. NO. 18041A 1110 NAVASOTA RIDGE RD6229 LEOPARD ST 1901 HOLLISTER NAVASOTA, TX 77868CC, TX 78409 HOUSTON, TX 77080 J28 6-Inch D.I.M.J. 45 Deg Bend EA 36 $170.00 $6,120.00 $269.83 $9,713.88 $148.00 $5,328.00 $0.00 J29 8-Inch D.I.M.J. 45 Deg Bend EA 28 $240.00 $6,720.00 $329.12 $9,215.36 $390.00 $10,920.00 $0.00 J30 12-Inch D.I.M.J. 45 Deg Bend EA 14 $490.00 $6,860.00 $539.66 $7,555.24 $520.00 $7,280.00 $0.00 J31 6-Inch D.I.M.J 90 Deg Bend EA 3 $340.00 $1,020.00 $283.14 $849.42 $95.00 $285.00 $0.00 J32 8-Inch D.I.M.J 90 Deg Bend EA 1 $780.00 $780.00 $338.80 $338.80 $180.00 $180.00 $0.00 J33 4-Inch D.I.M.J. Long Patern Sleeve (1-Foot Min.)EA 8 $180.00 $1,440.00 $363.00 $2,904.00 $66.00 $528.00 $0.00 J34 6-Inch D.I.M.J. Long Patern Sleeve (1-Foot Min.)EA 5 $260.00 $1,300.00 $396.88 $1,984.40 $110.00 $550.00 $0.00 J35 8-Inch D.I.M.J. Long Patern Sleeve (1-Foot Min.)EA 3 $410.00 $1,230.00 $469.48 $1,408.44 $188.00 $564.00 $0.00 J36 12-Inch D.I.M.J. Long Patern Sleeve (1- Foot Min.)EA 2 $680.00 $1,360.00 $638.88 $1,277.76 $190.00 $380.00 $0.00 J37 4-Inch. D.I. Spool Piece (2-Foot Typ.)EA 21 $110.00 $2,310.00 $314.60 $6,606.60 $46.00 $966.00 $0.00 J38 6-Inch. D.I. Spool Piece (2-Foot Typ.)EA 47 $57.00 $2,679.00 $326.70 $15,354.90 $58.00 $2,726.00 $0.00 J39 8-Inch. D.I. Spool Piece (2-Foot Typ.)EA 30 $330.00 $9,900.00 $338.80 $10,164.00 $70.00 $2,100.00 $0.00 J40 12-Inch. D.I. Spool Piece (2-Foot Typ.)EA 1 $1,100.00 $1,100.00 $1,028.50 $1,028.50 $710.00 $710.00 $0.00 J41 6-Inch Cap with 2-Inch Threaded Tap EA 2 $370.00 $740.00 $1,240.25 $2,480.50 $420.00 $840.00 $0.00 J42 12-Inch Cap EA 1 $370.00 $370.00 $822.80 $822.80 $502.00 $502.00 $0.00 J43 6-Inch Plug EA 5 $350.00 $1,750.00 $272.25 $1,361.25 $285.00 $1,425.00 $0.00 J44 Fire Hydrant Assembly (Type 1)(Long)(Includes F.H., Vavle and D.I. Lead)EA 8 $5,300.00 $42,400.00 $4,224.72 $33,797.76 $5,100.00 $40,800.00 $0.00 J45 Fire Hydrant Assembly (Type 1)(Short)(Includes F.H., Valve and D.I. Lead)EA 16 $4,200.00 $67,200.00 $3,940.97 $63,055.52 $4,675.00 $74,800.00 $0.00 J46 Fire Hydrant Assembly Removal and Salvage EA 9 $430.00 $3,870.00 $665.50 $5,989.50 $675.00 $6,075.00 $0.00 J47 Transmission Main Lateral Valve Plug EA 14 $1,300.00 $18,200.00 $2,879.80 $40,317.20 $4,050.00 $56,700.00 $0.00 J48 Water Service Reconnections (Includes new 1" max dia. service line and connection)EA 5 $1,300.00 $6,500.00 $1,391.50 $6,957.50 $2,800.00 $14,000.00 $0.00 J49 Existing Water Valve Box Adjustments EA 5 $510.00 $2,550.00 $479.16 $2,395.80 $500.00 $2,500.00 $0.00 J50 Unanticipated Grout Fill and Abandon In Place Existing Waterline LF 100 $74.00 $7,400.00 $32.67 $3,267.00 $68.00 $6,800.00 $0.00 J51 Unanticipated Transmission Main Lateral Valve Replacement EA 5 $7,500.00 $37,500.00 $3,979.69 $19,898.45 $4,300.00 $21,500.00 $0.00 J52 Allowance for Unanticipated Water Improvements AL 1 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $0.00 $812,608.80 $1,069,965.56 $709,982.00 NO BID $12,897,640.95 $17,489,054.17 $12,458,088.58 NO BIDTOTAL BASE BID - (PARTS A THRU J) SUBTOTAL PART J - WATER IMPROVEMENTS Bid deemed Non-Responsive - Bidders Statement of Experience failed to demonstrate bidder has the 5 year minimum experience required to perform the scope of work. Page 7 of 7 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT S. STAPLES STREET FROM BALDWIN BOULEVARD TO KOSTORYZ ROAD PROJ. NO. 18041A CONTRACT NO. 3213 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 20-1125 S Staples Baldwin Kostoryz Agreement 00 52 23 - 1 S. Staples Street from Baldwin Boulevard to Kostoryz Road (Bond 2018), Project Number 18041A Rev 7/2020 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Berry Contracting, L.P. dba Bay 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: S. Staples Street from Baldwin Boulevard to Kostoryz Road (Bond 2018) Project Number 18041A ARTICLE 2 – DESIGNER AND OWNER’S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Hanson Professional Services Inc. 4501 Gollihar Road Corpus Christi, TX 78411 WRivera@hanson-inc.com (Willie Rivera, P.E.) 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 820 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 850 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. DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 Agreement 00 52 23 - 2 S. Staples Street from Baldwin Boulevard to Kostoryz Road (Bond 2018), Project Number 18041A Rev 7/2020 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 $2,000.00 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 $400.00 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 Price $ 13,466,633.10 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. DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 Agreement 00 52 23 - 3 S. Staples Street from Baldwin Boulevard to Kostoryz Road (Bond 2018), Project Number 18041A Rev 7/2020 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. DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 Agreement 00 52 23 - 4 S. Staples Street from Baldwin Boulevard to Kostoryz Road (Bond 2018), Project Number 18041A Rev 7/2020 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. DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 Agreement 00 52 23 - 5 S. Staples Street from Baldwin Boulevard to Kostoryz Road (Bond 2018), Project Number 18041A Rev 7/2020 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. 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. DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 Agreement 00 52 23 - 6 S. Staples Street from Baldwin Boulevard to Kostoryz Road (Bond 2018), Project Number 18041A Rev 7/2020 ARTICLE 10 – CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff __________________________ AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL ___________________________ Assistant City Attorney ATTEST (IF CORPORATION) CONTRACTOR Berry Contracting, L.P. dba Bay 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: 1414 Valero Way Address Corpus Christ, TX 78409 City State Zip 361/693-2100 Phone Fax bealm@bayltd.com EMail END OF SECTION DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 ESTIMATING MANAGER 11/9/2020 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DocuSign Envelope ID: B100906E-68D9-4153-9427-8DA73E884CC8 DATE: September 30, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 CAPTION: Resolution amending City Council Policy 28 that outlines the guidelines for awarding arterial and collector street construction contracts using concrete pavement or asphalt pavement. SUMMARY: This resolution amends City Council Policy 28 which outlines the guidelines for awarding arterial and collector street construction contracts using concrete pavement (PCC) or asphalt pavement (HMAC). This policy must be updated annually. The policy updates include an emphasis on including the evaluation of the geotechnical soil conditions and recommending the removal of the residential streets from this policy. BACKGROUND AND FINDINGS: Prior to Bond 2008 the City would typically design arterial road reconstruction projects with HMAC pavement. With Bond 2008, the City began to bid some of the arterial streets with both HMAC and PCC pavement designs, resulting in multiple bid awards for the PCC pavement alternative. In 2013, the City upgraded the pavement design standards to a 30 -year design life using the Association of State Highway Transportation Officials 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 2016, the City began designing and bidding all arterial Bond projects with both HMAC and PCC pavement alternatives. Resolution Amending City Council Policy 28 – Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Pavement AGENDA MEMORANDUM Action Item for the City Council Meeting of October 27, 2020 In 2016, the practice was to design both HMAC and PCC using a 30-year design life and award the bid to the lower cost pavement alternative. Bidding projects utilizing both PCC and HMAC designs enhanced competition among contractors and reduced costs. Several projects received lower bids for the PCC pavement alternative. In early 2017, at council request, Engineering Services staff performed a life cycle cost analysis comparing a proposed maintenance plan with the City’s existing HMAC maintenance plan. The results of that cost analysis validated the belief that PCC offered reduced maintenance costs over HMAC. The analysis indicated that the City should be willing to pay an additional $100,000 per lane mile for PCC pavement based on maintenance savings. Staff adopted a policy recommending award of the P CC alternative if it was within $100,000 per lane mile of the HMAC alternative. That policy was communicated to City Council in a memo dated June 2, 2017 and was applied to all bids. In April 2019, an updated memo addressed a question raised at the September 18, 2018 City Council meeting during discussions about the Rodd Field Road Improvement Project award. That project was bid with both HMAC and PCC pavement alternatives. The HMAC alternative was awarded; however, council had a question as to whether the $100,000 per lane mile adequately reflected the value of maintenance savings from PCC pavement. This policy was last updated on July 16, 2019 as a result. Freese and Nichols, Inc. was tasked with re-evaluating the life cycle cost analysis between HMAC and PCC pavements and providing a letter report with recommendations resulting in three cost range options for bid award recommendations. Upon the review of the recommendations, Engineering Services concluded the ana lysis warranted increasing the previous cost per lane mile from $100,000 to $125,000 . For the FY 2021 policy update, Public Works contracted with Roadway Asset Services (RAS) to re-evaluate the life cycle cost analysis between HMAC and PCC pavements. RAS has the required experience for evaluating pavement networks and general performance. Scott Gordon, Principal Engineer and President, has over 30 years of experience in pavement evaluation, including providing similar services for 4 out of the 5 major cities in Texas. This policy update includes an emphasis on the evaluation of existing geotechnical soil conditions. Public Works proposes incorporating geotechnical testing in the design phase of the project to determine the plasticity index (PI) of the existing soil. The plasticity index is the size of the range of water contents where the soil exhibits plastic properties . As indicated in the recommendations from RAS, soils with a PI greater than 30 are characterized as an expansive soil. The expansiveness of clay soils will have a major impact on the performance of pavement structures. Pavements on clays soils must be designed with an additional stabilized layer, which should be accounted for in the initial design and capital expenses. Expansive soils will also require more frequent maintenance due to the higher percentage of cracking and differential movement anticipat ed and, in some cases, with different types of maintenance. HMAC pavements will likely require additional mill and overlay activities to correct differential movement and PCC pavements will likely require grinding and additional panel replacements due to t he differential movements. To determine an updated life cycle cost analysis, RAS has used maintenance actives, assigned costs to the activities, applied discount and inflation rates using a 40 - year analysis timeline. The details of this life cycle cost analysis can be found in Attachment A. The results from the RAS cost analysis indicated that the City should not use concrete pavement for arterial and collector streets on soils with a PI greater than 30. If the PI is less than 30 then this policy will be used to determine the selection of asphalt or concrete. Therefore, if the initial construction bid is within $128,000 per lane mile between HMAC and PCC, then PCC should be chosen. If the difference in initial construction bid is greater than $128,000, then HMAC should be chosen. With a minimal differential in price, Public Works recommends utilizing the existing $125,000 per lane mile for construction bids on arterial and collector roadway projects. An additional item for consideration in the selection of pavement surfaces should be the adjacent pavement types. In areas of PCC, prioritization should be given to PCC, similarly on areas with HMAC. For example, if a proposed project is adjacent to an existing PCC section, additional consideration will be given to PCC as the pavement selection for continuity. Additionally, this policy update reinforces previous recommendations of the elimination of residential streets from the evaluation of PCC. This is due to the general location of utilities in residential areas and lower traffic loads on residential streets. Typically, utilities are in the street. Street cuts needed to repair utility lines would result in costly repairs. At this time, it is not deemed financially advantageous to bid residenti al streets in PCC. Below is a summary of the recommendations from Public Works: 1. When the project contains a majority subgrade with a PI greater than 30 or deemed as a moderate to highly expansive soil by the design Geotechnical Engineer, the City should recommend HMAC. 2. When the cost difference of PCC is below $125,000/lane mile, the City should recommend PCC. 3. For residential projects, the City should recommend HMAC. 4. Other criteria to consider is if the adjacent pavement section is PCC, consideration should be given to providing a uniform surface type, at the discretion of the City Public Works staff. ALTERNATIVES: Do not approve this policy update and defer to the existing policy. FISCAL IMPACT: N/A RECOMMENDATION: Staff recommends approval of this policy update. LIST OF SUPPORTING DOCUMENTS: Presentation Roadway Asset Services, LLC (RAS) Letter Report DATE: October 19, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works richardm5@cctexas.com (361)826-3419 CAPTION: Resolution authorizing the submittal of grant applications for the FY 2022 – FY 2024 Federal Highway Safety Improvement Program (HSIP) construction funds for a three-year total amount of $752,000.00, administered by the Texas Department of Transportation (TxDOT), to be distributed to the City of Corpus Christi; and authorizing an Advanced Funding Agreement with TxDOT for distribution of HSIP construction funds should the grants be awarded. SUMMARY: This resolution will authorize the submittal of grant applications to the Texas Department of Transportation (TxDOT) and authorizes an Advanced Funding Agreement (AFA) with TxDOT to administer construction funds, should the grants be awarded. Program funds are eligible to cover 90 percent of construction costs. The City of Corpus Christi must cover the remaining 10 percent of construction costs and any project overruns. Funding is provided for the construction of operational safety improvements both on and off TxDOTs state highway system. Applications for multiple project proposals, related to traffic signal and pedestrian safety improvements, are being submitted as part of TxDOTs 2020 Call for Projects. BACKGROUND AND FINDINGS: The Federal Highway Administration provided state funding for the Federal Highway Safety Improvement Program (HSIP) which provided construction funds for safety improvement projects that have the goal of reducing fatalities, serious injuries and crashes on and off the state highway system. HSIP funding is administered by the TxDOT. Each TxDOT District office has been allotted funding for off-system construction projects on public roads in cities and counties. TxDOT issued the 2020 HSIP Call for Projects for fiscal years 2022 -2024. Each TxDOT District has been provided funding for each fiscal year. Allocated amounts differ each fiscal year and are shared amongst the local governments competing for off-system funding. The projected programming amounts for each fiscal year (FY) is listed below: Approval to Submit Grant Applications to the Texas Department of Transportation (TxDOT) for the FY 2022 – FY 2024 Federal Highway Safety Improvement Program Construction Funds and Enter into an Advanced Funding Agreement with TxDOT Should Grant Funds Be Awarded AGENDA MEMORANDUM Action Item for the City Council Meeting November 17, 2020  FY 2022 - $172,000  FY 2023 - $262,000  FY 2024 - $318,000 The Public Works Department (Traffic Engineering) has identified a total of fifteen projects for potential funding. These projects focus on signalized intersections or uncontrolled mid-block crossings considered as high-risk locations (e.g. nearby schools, bus stops). Per HSIP guidelines, either a targeted or systemic approach should be taken to implement safety improvements. A targeted approach uses data from fatal or serious injury crashes. A systemic approach considers risk and crash history to implement low-cost safety enhancements. Each approach must address at least one of TxDOT’s emphasis areas of their Strategic Highway Safety Plan which includes distracted driving, impaired driving, intersection safety, older road users, pedestrian safety, roadway and lane departures and speeding. Applications submitted are considered independent and contingent upon award and a local match. Funding will cover 90 percent of construction costs. The City will be required to cover the remaining 10 percent of construction costs, design costs and overruns. Applications are being submitted for the following projects and are separated by preferred fiscal year: FY 2022  Airline Road: Intersection at Alameda Street (Signalized Intersection)  Everhart Road: Between Holly Road and Shea Parkway (1 Crosswalk)  South Port Avenue: Between Sarita Street and Tarlton Street (1 Crosswalk)  Texan Trail: Between Staples Street and Swantner Drive (2 Crosswalks) FY 2023  Ocean Drive: Intersection at Airline Road (Signalized Intersection) Staples Street: Between Dody Street and Driftwood Place (1 Crosswalk)  Gollihar Road: Between Helen Street and Green Grove Drive (1 Crosswalk)  McArdle Road: Between Clare Drive and Nile Drive (1 Crosswalk) FY 2024  Airline Road: Intersection at McArdle Road (Signalized Intersection)  Gollihar Road: Between Mustang Trail and Meadowbrook Drive (2 Crosswalks)  Yorktown Boulevard: Between Dallas Street and Yorkshire Drive (1 Crosswalk)  Alameda Street: Between Texan Trail and Ropes Drive (2 Crosswalks) The projects listed exceed the allotted amount provided by TxDOT for each fiscal year. However, local entities are encouraged to over program by TxDOT. This provides a pool of projects for selection in the event additional federal funds become available. An item recommending support of this resolution was presented to the City’s Transportation Advisory Commission meeting on October 26, 2020. The recommendation passed unanimously. ALTERNATIVES: Do not approve resolution to submit grant applications for traffic signal and pedestrian safety improvements. FISCAL IMPACT: If the City is awarded the grant funds, the City must cover the 10 percent match for construction costs, applicable design fees and project overruns. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends submitting applications. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Presentation Resolution authorizing the submittal of grant applications for the FY 2022 – FY 2024 Federal Highway Safety Improvement Program (HSIP) construction funds for a three-year total amount of $752,000.00, administered by the Texas Department of Transportation (TxDOT), to be distributed to the City of Corpus Christi; and authorizing an Advanced Funding Agreement with TxDOT for distribution of HSIP construction funds should the grants be awarded. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to submit grant applications for FY 2022 thru FY 2024 to the 2020 Texas Department of Transportation (T xDOT) Call for Federal Highway Safety Improvement Program (HSIP) projects with funds to be distributed to the City of Corpus Christi under the Advanced Funding Agreement (AFA) should the grants be awarded. Grant funds will be used for the construction of traffic signal and pedestrian safety improvements within the City of Corpus Christi. SECTION 2. The City Manager or designee is authorized to execute an Advance Funding Agreement (AFA) for approved Federal Highway Safety Improvement Program (HSIP) projects with the Texas Department of Transportation and all other related documents necessary to administer said Advance Funding Agreement, including minor amendments thereto. 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: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 37 N GOLLIHAR ROAD TEXAN TRAIL ALAMEDA STREET STAPLES STREET GOLLIHAR ROAD AIRLINE ROAD EVERHART ROAD MCARDLE ROAD YORKTOWN BOULEVARD PORT AVENUE OCEAN DRIVE City Council Presentation November 17, 2020 2020 Highway Safety Improvements Program (HSIP) Call for Projects 1 HSIP Background •Program Providing Federal Construction Funds for Safety Improvements •Funding For All Public Roads On & Off the State Highway System •90 (Federal Match )/10 (Local Match) •Limited to Improvements Addressing Emphasis Areas of TxDOTs Texas Strategic Highway Safety Plan (e.g. Intersection Safety, Pedestrian Safety) •Funds Administered by TxDOT •Projects are Advertised and Let by TxDOT •City is Responsible for Engineering Design & Project Overruns •Advanced Funding Agreement with TxDOT (If Awarded) •Applications Must Be Submitted for FY 2022 – FY 2024 •City Proposed Grant Applications - 15 2 Proposed Location Map 2 This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 620 6004 ELEC CONDR (NO.12) INSULATED LF 1400 $1.09 $1,526.00 $1.09 2 620 6009 ELEC CONDR (NO.6) BARE LF 200 $1.26 $252.00 $1.26 3 620 6010 ELEC CONDR (NO.6) INSULATED LF 200 $1.50 $300.00 $1.50 4 621 6005 TRAY CABLE (4 CONDR) (12 AWG) LF 250 $2.39 $597.50 $2.39 5 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 600 $11.42 $6,852.00 $11.42 6 668 6077 PREFAB PAV MRK TY C (W) (ARROW) EA 4 $196.64 $786.56 $196.64 7 668 6085 PREFAB PAV MRK TY C (W) (WORD) LF 4 $255.09 $1,020.36 $255.09 8 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 600 $2.72 $1,632.00 $2.72 9 677 6008 ELIM EXT PAV MRK & MRKS (ARROW) EA 4 $46.27 $185.08 $46.27 10 677 6012 ELIM EXT PAV MRK & MRKS (WORD) EA 4 $54.16 $216.64 $54.16 11 680 6011 INSTALL HWY TRF SIG (UPGRADE) EA 1 $15,000.00 $15,000.00 $5,816.32 12 682 6001 VEH SIG SEC (12")LED(GRN) EA 8 $236.27 $1,890.16 $236.27 13 682 6002 VEH SIG SEC (12")LED(GRN ARW) EA 4 $238.05 $952.20 $238.05 14 682 6003 VEH SIG SEC (12")LED(YEL) EA 8 $251.80 $2,014.40 $251.80 15 685 6004 VEH SIG SEC (12")LED(YEL ARW) EA 4 $230.21 $920.84 $230.21 16 682 6005 VEH SIG SEC (12")LED(RED) EA 8 $240.60 $1,924.80 $240.60 17 682 6006 VEH SIG SEC (12")LED(RED ARW) EA 4 $227.75 $911.00 $227.75 18 682 6018 PED SIG SEC (LED)(COUNTDOWN) EA 8 $616.42 $4,931.36 $616.42 19 682 6023 BACK PLATE (12")(3 SEC) EA 8 $81.50 $652.00 $81.50 20 682 6024 BACK PLATE (12")(4 SEC) EA 4 $88.92 $355.68 $88.92 21 684 6033 TRF SIG CBL (TY A)(14 AWG)(7 CONDR) LF 200 $1.93 $386.00 $1.93 22 684 6042 TRF SIG CBL (TY A)(14 AWG)(16 CONDR) LF 500 $3.89 $1,945.00 $3.89 23 688 6001 PED DETECT PUSH BUTTON (APS) EA 8 $874.64 $6,997.12 $874.64 24 690 6009 REMOVAL OF CABLES LF 1500 $0.89 $1,335.00 $0.89 25 690 6024 REMOVAL OF SIGNAL HEAD ASSM EA 12 $120.27 $1,443.24 $120.27 26 690 6030 REMOVAL OF PEDESTRIAN PUSH BUTTONS EA 8 $87.57 $700.56 $87.57 27 690 6086 REMOVE VID IMAGE VEH DET SYS (VIVDS) EA 4 $129.07 $516.28 $129.07 28 * RADAR PRESENCE DETECTOR EA 4 $7,000.00 $28,000.00 * 29 * RADAR PRESENCE DETECTOR COMM CABLE LF 300 $6.00 $1,800.00 * 30 * DA‐400 EA 1 $3,500.00 $3,500.00 * 31 * STREET NAME MAST ARM SIGNS (ILSN) EA 4 $3,100.00 $12,400.00 * 32 * BBS LF 1 $8,500.00 $8,500.00 * $110,443.78 33 500 6001 MOBILIZATION LS 1 $8,835.50 $8,835.50 34 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 2 $3,313.31 $6,626.63 $110,443.78 $0.00 $15,462.13 $6,295.30 $13,220.12 $145,421.33 Inflation (≥10%) Total Construction Cost SubtotalNote: Yellow highlight notes a deviation from TxDOT Average Unit Price Airline Road at Alameda Street Intersection Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 12 $181.75 $2,181.00 $181.75 2 529 6002 CONC CURB (TY II) LF 92 $8.40 $772.80 $8.40 3 531 6010 CURB RAMPS (TY 7) EA 2 $1,686.27 $3,372.54 $1,686.27 4 531 6016 CURB RAMPS (TY 21) EA 1 $2,140.75 $2,140.75 $2,140.75 5 536 6002 CONC MEDIAN SY 27 $52.15 $1,408.05 $52.15 6 636 6001 ALUMINUM SIGNS (TY A) SF 66 $24.90 $1,643.40 $24.90 7 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 4 $515.00 $2,060.00 $515.00 8 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 72 $10.60 $763.20 $10.60 9 668 6091 PREFAB PAV MRK TY C (W) (18")(YLD TRI) EA 22 $26.90 $591.80 $26.90 10 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 72 $2.95 $212.40 $2.95 11 685 6003 REMOVE RDSD FLASH BEACON ASSEMBLY EA 2 $767.80 $1,535.60 $767.80 12 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 13 6000 6130 INSTALL LUMINAIRE 250 W EQ (LED) EA 2 $600.00 $1,200.00 $600.00 $29,381.54 14 500 6001 MOBILIZATION LS 1 $1,469.08 $1,469.08 15 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $2,938.15 $2,938.15 $29,381.54 $0.00 $4,407.23 $1,689.44 $3,547.82 $39,026.03 Inflation (≥10%) Total Construction Cost Pedestrian Crossing Improvements on Everhart Road and Schanen Blvd Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 12 $181.75 $2,181.00 $181.75 2 529 6002 CONC CURB (TY II) LF 54 $8.40 $453.60 $8.40 3 531 6016 CURB RAMPS (TY 21) EA 1 $2,140.75 $2,140.75 $2,140.75 4 536 6002 CONC MEDIAN SY 20 $52.15 $1,043.00 $52.15 5 636 6001 ALUMINUM SIGNS (TY A) SF 66 $24.90 $1,643.40 $24.90 6 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 4 $515.00 $2,060.00 $515.00 7 644 6076 REMOVE SM RD SN SUP&AM EA 2 $76.75 $153.50 $76.75 8 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 72 $10.60 $763.20 $10.60 9 668 6091 PREFAB PAV MRK TY C (W) (18")(YLD TRI) EA 36 $26.90 $968.40 $26.90 10 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 72 $2.95 $212.40 $2.95 11 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 12 6000 6130 INSTALL LUMINAIRE 250 W EQ (LED) EA 2 $600.00 $1,200.00 $600.00 $24,319.25 13 500 6001 MOBILIZATION LS 1 $1,215.96 $1,215.96 14 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $2,431.93 $2,431.93 $24,319.25 $0.00 $3,647.89 $1,398.36 $2,936.55 $32,302.04 Inflation (≥10%) Total Construction Cost Pedestrian Crossing Improvements on Gollihar Road and Devon Drive Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 12 $181.75 $2,181.00 $181.75 2 636 6001 ALUMINUM SIGNS (TY A) SF 36 $24.90 $896.40 $24.90 3 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 2 $515.00 $1,030.00 $515.00 4 644 6076 REMOVE SM RD SN SUP&AM EA 2 $76.75 $153.50 $76.75 5 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 81 $10.60 $858.60 $10.60 6 668 6091 PREFAB PAV MRK TY C (W) (18")(YLD TRI) EA 23 $26.90 $618.70 $26.90 7 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 81 $2.95 $238.95 $2.95 8 677 6018 ELIM EXT PAV MRK & MRKS (18")(YLD TRI) EA 17 $15.40 $261.80 $15.40 9 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 10 6000 6130 INSTALL LUMINAIRE 250 W EQ (LED) EA 1 $600.00 $600.00 $600.00 $18,338.95 11 500 6001 MOBILIZATION LS 1 $916.95 $916.95 12 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $1,833.90 $1,833.90 $18,338.95 $0.00 $2,750.84 $1,054.49 $2,214.43 $24,358.71 Inflation (≥10%) Total Construction Cost Pedestrian Crossing Improvements on Gollihar Road and Pennington Dr Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 12 $181.75 $2,181.00 $181.75 2 636 6001 ALUMINUM SIGNS (TY A) SF 36 $24.90 $896.40 $24.90 3 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 2 $515.00 $1,030.00 $515.00 4 644 6076 REMOVE SM RD SN SUP&AM EA 2 $76.75 $153.50 $76.75 5 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 81 $10.60 $858.60 $10.60 6 668 6091 PREFAB PAV MRK TY C (W) (18")(YLD TRI) EA 23 $26.90 $618.70 $26.90 7 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 81 $2.95 $238.95 $2.95 8 677 6018 ELIM EXT PAV MRK & MRKS (18")(YLD TRI) EA 14 $15.40 $215.60 $15.40 9 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 10 6000 6130 INSTALL LUMINAIRE 250 W EQ (LED) EA 1 $600.00 $600.00 $600.00 $18,292.75 11 500 6001 MOBILIZATION LS 1 $914.64 $914.64 12 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $1,829.28 $1,829.28 $18,292.75 $0.00 $2,743.91 $1,051.83 $2,208.85 $24,297.35 Inflation (≥10%) Total Construction Cost Pedestrian Crossing Improvements on Gollihar Road and Meadowbrook Drive Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 24 $181.75 $4,362.00 $181.75 2 529 6002 CONC CURB (TY II) LF 54 $8.40 $453.60 $8.40 3 531 6016 CURB RAMPS (TY 21) EA 1 $2,140.75 $2,140.75 $2,140.75 4 536 6002 CONC MEDIAN SY 20 $52.15 $1,043.00 $52.15 5 636 6001 ALUMINUM SIGNS (TY A) SF 66 $24.90 $1,643.40 $24.90 6 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 4 $515.00 $2,060.00 $515.00 7 644 6076 REMOVE SM RD SN SUP&AM EA 2 $76.75 $153.50 $76.75 8 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 72 $10.60 $763.20 $10.60 9 668 6091 PREFAB PAV MRK TY C (W) (18")(YLD TRI) EA 36 $26.90 $968.40 $26.90 10 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 72 $2.95 $212.40 $2.95 11 677 6018 ELIM EXT PAV MRK & MRKS (18")(YLD TRI) EA 10 $15.40 $154.00 $15.40 12 685 6001 INSTALL RDSD FLASH BEACON ASSEMBLY EA 2 $5,750.00 $11,500.00 $5,750.00 13 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 14 6000 6130 INSTALL LUMINAIRE 250 W EQ (LED) EA 2 $600.00 $1,200.00 $600.00 $38,154.25 15 500 6001 MOBILIZATION LS 1 $1,907.71 $1,907.71 16 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $3,052.34 $3,052.34 $38,154.25 $0.00 $4,960.05 $2,155.72 $4,527.00 $49,797.02 Inflation (≥10%) Total Construction Cost School Zone and Pedestrian Crossing Improvements along McArdle Road (From Clare Dr to south of Clarion Dr) Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 162 6002 BLOCK SODDING SY 200 $6.00 $1,200.00 $3.22 2 416 6032 DRILL SHAFT (TRF SIG POLE) (36 IN) LF 36 $400.00 $14,400.00 $271.13 3 506 6038 TEMP SEDMT CONT FENCE (INSTALL) LF 150 $10.00 $1,500.00 $2.42 4 506 6039 TEMP SEDMT CONT FENCE (REMOVE) LF 150 $1.00 $150.00 $0.68 5 506 6047 TEMP SDMT CONT FENCE (INLET PROTECTION LF 60 $20.00 $1,200.00 $9.41 6 529 6008 CONC CURB & GUTTER (TY II) LF 100 $30.00 $3,000.00 $17.93 7 531 6001 CONC SIDEWALKS (4") SY 50 $100.00 $5,000.00 $47.66 8 531 6004 CURB RAMPS (TY 1) EA 4 $2,000.00 $8,000.00 $1,414.00 9 618 6023 CONDT (PVC) (SCH 40) (2") LF 50 $15.00 $750.00 $255.09 10 618 6024 CONDT (PVC) (SCH 40) (2") (BORE) LF 150 $30.00 $4,500.00 $2.72 11 618 6033 CONDT (PVC) (SCH 40) (4") LF 50 $25.00 $1,250.00 $255.09 12 618 6034 CONDT (PVC) (SCH 40) (4") (BORE) LF 150 $40.00 $6,000.00 $2.72 13 620 6004 ELEC CONDR (NO.12) INSULATED LF 1400 $1.09 $1,526.00 $1.09 14 620 6009 ELEC CONDR (NO.6) BARE LF 200 $1.26 $252.00 $1.26 15 620 6010 ELEC CONDR (NO.6) INSULATED LF 200 $1.50 $300.00 $1.50 16 621 6005 TRAY CABLE (4 CONDR) (12 AWG) LF 250 $2.39 $597.50 $2.39 17 624 6010 GROUND BOX TY D (162922)W/APRON EA 5 $970.43 $4,852.15 $970.43 18 628 6144 ELC SRV TY D 120/240 060(NS)SS(E)PS(U) EA 1 $5,660.10 $5,660.10 $5,660.10 19 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 360 $11.42 $4,111.20 $11.42 20 668 6077 PREFAB PAV MRK TY C (W) (ARROW) EA 4 $196.64 $786.56 $196.64 21 668 6085 PREFAB PAV MRK TY C (W) (WORD) LF 4 $255.09 $1,020.36 $255.09 22 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 360 $2.72 $979.20 $2.72 23 677 6008 ELIM EXT PAV MRK & MRKS (ARROW) EA 4 $46.27 $185.08 $46.27 24 677 6012 ELIM EXT PAV MRK & MRKS (WORD) EA 4 $54.16 $216.64 $54.16 25 680 6002 INSTALL HWY TRF SIG (ISOLATED) EA 1 $30,000.00 $30,000.00 $20,872.20 26 680 6004 REMOVING TRAFFIC SIGNALS EA 3 $3,732.26 $11,196.78 $3,732.26 27 682 6001 VEH SIG SEC (12")LED(GRN) EA 6 $236.27 $1,417.62 $236.27 28 682 6002 VEH SIG SEC (12")LED(GRN ARW) EA 1 $238.05 $238.05 $238.05 29 682 6003 VEH SIG SEC (12")LED(YEL) EA 6 $251.80 $1,510.80 $251.80 30 685 6004 VEH SIG SEC (12")LED(YEL ARW) EA 1 $230.21 $230.21 $230.21 31 682 6005 VEH SIG SEC (12")LED(RED) EA 6 $240.60 $1,443.60 $240.60 32 682 6006 VEH SIG SEC (12")LED(RED ARW) EA 1 $227.75 $227.75 $227.75 33 682 6018 PED SIG SEC (LED)(COUNTDOWN) EA 2 $616.42 $1,232.84 $616.42 34 682 6023 BACK PLATE (12")(3 SEC) EA 7 $81.50 $570.50 $81.50 35 684 6033 TRF SIG CBL (TY A)(14 AWG)(7 CONDR) LF 150 $1.93 $289.50 $1.93 36 684 6042 TRF SIG CBL (TY A)(14 AWG)(16 CONDR) LF 500 $3.89 $1,945.00 $3.89 37 686 6038 INS TRF SIG PL AM(S)1 ARM(36')ILSN EA 1 $9,000.00 $9,000.00 $5,016.25 38 686 6139 INS TRF SIG PL AM(S)2 ARM(40‐28')LUM EA 1 $15,000.00 $15,000.00 $9,408.00 39 687 6001 PED POLE ASSEMBLY EA 2 $1,844.26 $3,688.52 $1,844.26 40 687 6005 REMOVE PED POLE ASSEMBLY EA 2 $212.00 $424.00 $212.00 41 688 6001 PED DETECT PUSH BUTTON (APS) EA 2 $874.64 $1,749.28 $874.64 42 690 6009 REMOVAL OF CABLES LF 1500 $0.89 $1,335.00 $0.89 43 690 6024 REMOVAL OF SIGNAL HEAD ASSM EA 7 $120.27 $841.89 $120.27 44 690 6038 REMOVAL OF CONTROL CABINET(GRND MNT) EA 1 $853.46 $853.46 $853.46 45 690 6131 INSTALL BBU SYSTEM EA 1 $8,450.00 $8,450.00 $8,450.00 46 * RADAR PRESENCE DETECTOR EA 3 $7,000.00 $21,000.00 * 47 * RADAR PRESENCE DETECTOR COMM CABLE LF 250 $6.00 $1,500.00 * 45 * PTZ CAMERA (PELCO SPECTRA ENHANCED SERIES) EA 1 $5,000.00 $5,000.00 * 46 * ETHERNET CABLE CAT 6 LF 250 $5.00 $1,250.00 * 47 * CONTROLLER ECONOLITE COBALT EA 1 $5,000.00 $5,000.00 * 48 * CONTROLLER CABINET (TS‐2) W/EXTENSION EA 1 $10,000.00 $10,000.00 * 48 * ETHERNET 4000 SWITCH EA 1 $5,000.00 $5,000.00 * 46 * DA‐400 EA 1 $3,500.00 $3,500.00 * 49 * STREET NAME MAST ARM SIGNS (ILSN) EA 2 $3,100.00 $6,200.00 * $217,531.59 50 500 6001 MOBILIZATION LS 1 $17,402.53 $17,402.53 51 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 2 $6,525.95 $13,051.90 $217,531.59 $0.00 $30,454.42 $12,399.30 $26,038.53 $286,423.84 Safety (2‐5%) Inflation (≥10%) Total Construction Cost Ocean Dr from Robert Drive to Paloma Street Note: Yellow highlight notes a deviation from TxDOT Average Unit Price Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 12 $181.75 $2,181.00 $181.75 2 529 6002 CONC CURB (TY II) LF 92 $8.40 $772.80 $8.40 3 * DETECTABLE WARNING 2' WIDE (RED BRICK TRUNCATED DOME) LF 28 $200.00 $5,600.00 $240.00 4 531 6016 CURB RAMPS (TY 21) EA 1 $2,140.75 $2,140.75 $2,140.75 5 536 6002 CONC MEDIAN SY 27 $52.15 $1,408.05 $52.15 6 636 6001 ALUMINUM SIGNS (TY A) SF 66 $24.90 $1,643.40 $24.90 7 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 4 $515.00 $2,060.00 $515.00 8 644 6076 REMOVE SM RD SN SUP&AM EA 2 $76.75 $153.50 $76.75 9 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 72 $10.60 $763.20 $10.60 10 668 6091 PREFAB PAV MRK TY C (W) (18")(YLD TRI) EA 22 $26.90 $591.80 $26.90 11 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 72 $2.95 $212.40 $2.95 12 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 13 6000 6130 INSTALL LUMINAIRE 250 W EQ (LED) EA 2 $600.00 $1,200.00 $600.00 $30,226.90 14 500 6001 MOBILIZATION LS 1 $1,511.35 $1,511.35 15 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $3,022.69 $3,022.69 $30,226.90 $0.00 $4,534.04 $1,738.05 $3,649.90 $40,148.88 Inflation (≥10%) Total Construction Cost Pedestrian Crossing Improvements on S Port Avenue and Niagara Street (HEB) Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 12 $181.75 $2,181.00 $181.75 2 529 6002 CONC CURB (TY II) LF 92 $8.40 $772.80 $8.40 3 531 6016 CURB RAMPS (TY 21) EA 1 $2,140.75 $2,140.75 $2,140.75 4 536 6002 CONC MEDIAN SY 27 $52.15 $1,408.05 $52.15 5 636 6001 ALUMINUM SIGNS (TY A) SF 66 $24.90 $1,643.40 $24.90 6 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 4 $515.00 $2,060.00 $515.00 7 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 90 $10.60 $954.00 $10.60 8 668 6091 PREFAB PAV MRK TY C (W) (18")(YLD TRI) EA 26 $26.90 $699.40 $26.90 9 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 90 $2.95 $265.50 $2.95 10 685 6003 REMOVE RDSD FLASH BEACON ASSEMBLY EA 2 $767.80 $1,535.60 $767.80 11 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 12 6000 6130 INSTALL LUMINAIRE 250 W EQ (LED) EA 2 $600.00 $1,200.00 $600.00 $26,360.50 13 500 6001 MOBILIZATION LS 1 $1,318.03 $1,318.03 14 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $2,636.05 $2,636.05 $26,360.50 $0.00 $3,954.08 $1,515.73 $3,183.03 $35,013.33 Inflation (≥10%) Total Construction Cost Alameda Street Hospital Zone 1: Pedestrian Crossing Improvements on S Alameda Street and Rossiter Street Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 12 $181.75 $2,181.00 $181.75 2 529 6002 CONC CURB (TY II) LF 92 $8.40 $772.80 $8.40 3 531 6016 CURB RAMPS (TY 21) EA 1 $2,140.75 $2,140.75 $2,140.75 4 536 6002 CONC MEDIAN SY 14 $52.15 $730.10 $52.15 5 636 6001 ALUMINUM SIGNS (TY A) SF 66 $24.90 $1,643.40 $24.90 6 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 4 $515.00 $2,060.00 $515.00 7 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 90 $10.60 $954.00 $10.60 8 668 6091 PREFAB PAV MRK TY C (W) (18")(YLD TRI) EA 26 $26.90 $699.40 $26.90 9 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 90 $2.95 $265.50 $2.95 10 685 6003 REMOVE RDSD FLASH BEACON ASSEMBLY EA 2 $767.80 $1,535.60 $767.80 11 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 12 6000 6130 INSTALL LUMINAIRE 250 W EQ (LED) EA 2 $600.00 $1,200.00 $600.00 $25,682.55 13 500 6001 MOBILIZATION LS 1 $1,284.13 $1,284.13 14 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $2,568.26 $2,568.26 $25,682.55 $0.00 $3,852.38 $1,476.75 $3,101.17 $34,112.85 Inflation (≥10%) Total Construction Cost Alameda Street Hospital Zone 2: Pedestrian Crossing Improvements on S Alameda Street and Sinclair Street Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 12 $181.75 $2,181.00 $181.75 2 529 6002 CONC CURB (TY II) LF 54 $8.40 $453.60 $8.40 3 531 6016 CURB RAMPS (TY 21) EA 1 $2,140.75 $2,140.75 $2,140.75 4 536 6002 CONC MEDIAN SY 20 $52.15 $1,043.00 $52.15 5 636 6001 ALUMINUM SIGNS (TY A) SF 66 $24.90 $1,643.40 $24.90 6 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 4 $515.00 $2,060.00 $515.00 7 644 6076 REMOVE SM RD SN SUP&AM EA 2 $76.75 $153.50 $76.75 8 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 72 $10.60 $763.20 $10.60 9 668 6091 PREFAB PAV MRK TY C (W) (18")(YLD TRI) EA 36 $26.90 $968.40 $26.90 10 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 72 $2.95 $212.40 $2.95 11 677 6018 ELIM EXT PAV MRK & MRKS (18")(YLD TRI) EA 36 $15.40 $554.40 $15.40 12 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 13 6000 6130 INSTALL LUMINAIRE 250 W EQ (LED) EA 2 $600.00 $1,200.00 $600.00 $24,873.65 14 500 6001 MOBILIZATION LS 1 $1,243.68 $1,243.68 15 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $2,487.37 $2,487.37 $24,873.65 $0.00 $3,731.05 $1,430.23 $3,003.49 $33,038.43 Inflation (≥10%) Total Construction Cost Pedestrian Crossing Improvements on Staples Street and Hamlin Dr Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 12 $181.75 $2,181.00 $181.75 2 636 6001 ALUMINUM SIGNS (TY A) SF 36 $24.90 $896.40 $24.90 3 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 2 $515.00 $1,030.00 $515.00 4 644 6076 REMOVE SM RD SN SUP&AM EA 2 $76.75 $153.50 $76.75 5 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 81 $10.60 $858.60 $10.60 6 668 6091 PREFAB PAV MRK TY C (W) (18")(YLD TRI) EA 22 $26.90 $591.80 $26.90 7 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 81 $2.95 $238.95 $2.95 8 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 9 6000 6130 INSTALL LUMINAIRE 250 W EQ (LED) EA 2 $600.00 $1,200.00 $600.00 $18,650.25 10 500 6001 MOBILIZATION LS 1 $932.51 $932.51 11 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $1,865.03 $1,865.03 $18,650.25 $0.00 $2,797.54 $1,072.39 $2,252.02 $24,772.19 Inflation (≥10%) Total Construction Cost Pedestrian Crossing Improvements on Texan Trail (Between S Staples Street and Bucanner Drive) Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 12 $181.75 $2,181.00 $181.75 2 636 6001 ALUMINUM SIGNS (TY A) SF 36 $24.90 $896.40 $24.90 3 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 2 $515.00 $1,030.00 $515.00 4 644 6076 REMOVE SM RD SN SUP&AM EA 2 $76.75 $153.50 $76.75 5 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 81 $10.60 $858.60 $10.60 6 668 6091 PREFAB PAV MRK TY C (W) (18")(YLD TRI) EA 22 $26.90 $591.80 $26.90 7 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 81 $2.95 $238.95 $2.95 8 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 9 6000 6130 INSTALL LUMINAIRE 250 W EQ (LED) EA 2 $600.00 $1,200.00 $600.00 $18,650.25 10 500 6001 MOBILIZATION LS 1 $932.51 $932.51 11 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $1,865.03 $1,865.03 $18,650.25 $0.00 $2,797.54 $1,072.39 $2,252.02 $24,772.19 Inflation (≥10%) Total Construction Cost Pedestrian Crossing Improvements on Texan Trail and Swantner Drive Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 416 6030 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 12 $181.75 $2,181.00 $181.75 2 636 6001 ALUMINUM SIGNS (TY A) SF 66 $24.90 $1,643.40 $24.90 3 644 6027 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 4 $515.00 $2,060.00 $515.00 4 644 6076 REMOVE SM RD SN SUP&AM EA 2 $76.75 $153.50 $76.75 5 658 6018 INSTL DEL ASSM (D‐SY)SZ 1(FLX)GND EA 4 $70.60 $282.40 $70.60 6 685 6004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 2 $5,750.00 $11,500.00 $5,750.00 $17,820.30 7 500 6001 MOBILIZATION LS 1 $891.02 $891.02 8 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1 $1,782.03 $1,782.03 $17,820.30 $0.00 $2,673.05 $1,024.67 $2,151.80 $23,669.81 Inflation (≥10%) Total Construction Cost Pedestrian Crossing Improvements on Yorktown Boulevard and Lipes Blvd/Boston Dr Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) Safety (2‐5%) N This information is collected for the purpose of evaluating and enhancing the safety of highways. The review form is not subject to discovery nor admissible as evidence in a case to recover damages arising out of the underlying accident. Do not release this information to the general public, in litigation, or under the Public Information Act without first obtaining the advice of legal counsel. Form Rev 11/2019 HSIP Project Submission Proposal Information District County Comments Supervised By File Name Roadway Information Primary Roadway Control Section(s) Limits From DFO* Limits To DFO* *Lat/Long pairs for off-system On or Off System Speed Limit Length Current AADT Intersecting Roadway Speed Limit On or Off System Current AADT Project Information Targeted or Systemic Crashes K Work Code(s) A Preferred Letting B SII Estimate Bid Items (See Guidelines instructions) ROW (if required) Mobilization and Barricades (≥ 8%) Safety (2-5%) Inflation (≥ 10%) Total ITEM SPEC NO. DESCRIPTION UNIT ESTIMATED  QUANTITY UNIT PRICE TOTAL TXDOT AVG  UNIT PRICE 1 162 6002 BLOCK SODDING SY 100 $6.00 $600.00 $3.22 2 416 6032 DRILL SHAFT (TRF SIG POLE) (36 IN) LF 64 $400.00 $25,600.00 $271.13 3 506 6038 TEMP SEDMT CONT FENCE (INSTALL) LF 150 $10.00 $1,500.00 $2.42 4 506 6039 TEMP SEDMT CONT FENCE (REMOVE) LF 150 $1.00 $150.00 $0.68 5 506 6047 TEMP SDMT CONT FENCE (INLET PROTECTION LF 60 $20.00 $1,200.00 $9.41 6 529 6008 CONC CURB & GUTTER (TY II) LF 100 $30.00 $3,000.00 $17.93 7 531 6001 CONC SIDEWALKS (4") SY 50 $100.00 $5,000.00 $47.66 8 531 6004 CURB RAMPS (TY 1) EA 4 $2,000.00 $8,000.00 $1,414.00 9 618 6023 CONDT (PVC) (SCH 40) (2") LF 50 $15.00 $750.00 $255.09 10 618 6024 CONDT (PVC) (SCH 40) (2") (BORE) LF 180 $30.00 $5,400.00 $2.72 11 618 6033 CONDT (PVC) (SCH 40) (4") LF 50 $25.00 $1,250.00 $255.09 12 618 6034 CONDT (PVC) (SCH 40) (4") (BORE) LF 180 $40.00 $7,200.00 $2.72 13 620 6004 ELEC CONDR (NO.12) INSULATED LF 1400 $1.09 $1,526.00 $1.09 14 620 6009 ELEC CONDR (NO.6) BARE LF 200 $1.26 $252.00 $1.26 15 620 6010 ELEC CONDR (NO.6) INSULATED LF 200 $1.50 $300.00 $1.50 16 621 6005 TRAY CABLE (4 CONDR) (12 AWG) LF 250 $2.39 $597.50 $2.39 17 624 6010 GROUND BOX TY D (162922)W/APRON EA 7 $970.43 $6,793.01 $970.43 18 628 6116 ELC SRV TY D 120/240 060(NS)AL(E)SP(O) EA 1 $5,450.00 $5,450.00 $5,450.00 19 668 6076 PREFAB PAV MRK TY C (W) (24") (SLD) LF 360 $11.42 $4,111.20 $11.42 20 668 6077 PREFAB PAV MRK TY C (W) (ARROW) EA 4 $196.64 $786.56 $196.64 21 668 6085 PREFAB PAV MRK TY C (W) (WORD) LF 4 $255.09 $1,020.36 $255.09 22 677 6007 ELIM EXT PAV MRK & MRKS (24") LF 360 $2.72 $979.20 $2.72 23 677 6008 ELIM EXT PAV MRK & MRKS (ARROW) EA 4 $46.27 $185.08 $46.27 24 677 6012 ELIM EXT PAV MRK & MRKS (WORD) EA 4 $54.16 $216.64 $54.16 25 680 6002 INSTALL HWY TRF SIG (ISOLATED) EA 1 $30,000.00 $30,000.00 $20,872.20 26 680 6004 REMOVING TRAFFIC SIGNALS EA 4 $3,732.26 $14,929.04 $3,732.26 27 682 6001 VEH SIG SEC (12")LED(GRN) EA 8 $236.27 $1,890.16 $236.27 28 682 6002 VEH SIG SEC (12")LED(GRN ARW) EA 4 $238.05 $952.20 $238.05 29 682 6003 VEH SIG SEC (12")LED(YEL) EA 8 $251.80 $2,014.40 $251.80 30 685 6004 VEH SIG SEC (12")LED(YEL ARW) EA 4 $230.21 $920.84 $230.21 31 682 6005 VEH SIG SEC (12")LED(RED) EA 8 $240.60 $1,924.80 $240.60 32 682 6006 VEH SIG SEC (12")LED(RED ARW) EA 4 $227.75 $911.00 $227.75 33 682 6018 PED SIG SEC (LED)(COUNTDOWN) EA 8 $616.42 $4,931.36 $616.42 34 682 6023 BACK PLATE (12")(3 SEC) EA 8 $81.50 $652.00 $81.50 35 682 6024 BACK PLATE (12")(4 SEC) EA 4 $88.92 $355.68 $88.92 36 684 6033 TRF SIG CBL (TY A)(14 AWG)(7 CONDR) LF 200 $1.93 $386.00 $1.93 37 684 6042 TRF SIG CBL (TY A)(14 AWG)(16 CONDR)LF 500 $3.89 $1,945.00 $3.89 38 686 6042 INS TRF SIG PL AM(S)1 ARM(40')ILSN EA 2 $8,000.00 $16,000.00 $5,600.00 39 686 6048 INS TRF SIG PL AM(S)1 ARM(44')LUM&ILSN EA 2 $10,000.00 $20,000.00 $7,189.34 40 687 6001 PED POLE ASSEMBLY EA 3 $1,844.26 $5,532.78 $1,844.26 41 687 6005 REMOVE PED POLE ASSEMBLY EA 3 $212.00 $636.00 $212.00 42 688 6001 PED DETECT PUSH BUTTON (APS) EA 8 $874.64 $6,997.12 $874.64 43 690 6009 REMOVAL OF CABLES LF 1500 $0.89 $1,335.00 $0.89 44 690 6024 REMOVAL OF SIGNAL HEAD ASSM EA 12 $120.27 $1,443.24 $120.27 45 690 6038 REMOVAL OF CONTROL CABINET(GRND MNT) EA 1 $853.46 $853.46 $853.46 46 690 6131 INSTALL BBU SYSTEM EA 1 $8,450.00 $8,450.00 $8,450.00 47 * RADAR PRESENCE DETECTOR EA 4 $7,000.00 $28,000.00 * 48 * RADAR PRESENCE DETECTOR COMM CABLE LF 300 $6.00 $1,800.00 * 49 * PTZ CAMERA (PELCO SPECTRA ENHANCED SERIES) EA 1 $5,000.00 $5,000.00 * 50 * ETHERNET CABLE CAT 6 LF 300 $5.00 $1,500.00 * 51 * CONTROLLER ECONOLITE COBALT EA 1 $5,000.00 $5,000.00 * 52 * CONTROLLER CABINET (TS‐2) W/EXTENSION EA 1 $10,000.00 $10,000.00 * 53 * ETHERNET 4000 SWITCH EA 1 $5,000.00 $5,000.00 * 54 * DA‐400 EA 1 $3,500.00 $3,500.00 * $264,727.63 55 500 6001 MOBILIZATION LS 1 $21,178.21 $21,178.21 56 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 2 $7,941.83 $15,883.66 $264,727.63 $0.00 $37,061.87 $15,089.47 $31,687.90 $348,566.87 Safety (2‐5%) Inflation (≥10%) Total Construction Cost Airline Road at McArdle Road Intersection Note: Yellow highlight notes a deviation from TxDOT Average Unit Price Subtotal Bid Items (not including 500 & 502) ROW (if required) Mobilization and Barricades (≥8%) N AGENDA MEMORANDUM Action Item for the City Council Meeting of November 17, 2020 ____________________________________________________________________________ DATE: November 3, 2020 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361) 826-3732 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 CAPTION: Motion authorizing Amendment No. 4 to LJA Engineering, Corpus Christi, Texas, to provide additional professional services for environmental permitting, mitigation plan development, stakeholder coordination and construction phase services related to the nearby Laguna Shores road construction project, in an amount of $96,055.00 for a total contract amount of $907,140.00, located in City Council District 4, with funding available from Bond 2018, Proposition A Fund. SUMMARY: This motion authorizes Amendment No. 4 to a professional services contract to provide additional professional services for environmental permitting, mitigation plan development, stakeholder coordination and construction phase services at Laguna Shores Road - Segment 2, Hustlin Hornet Drive to Caribbean Drive. BACKGROUND AND PURPOSE: Professional Services Contract Amendment No. 4 Laguna Shores Road (Hustlin’ Hornet Drive to Caribbean Drive) (Bond 2018, Proposition A) Laguna Shores Road from Hustlin’ Hornet Drive to Caribbean Drive is a BOND 2018, Proposition A project. The roadway is currently under construction. The surrounding areas of the project include Redhead Pond (protected wildlife management area) and the Laguna Madre. The environmental permit needed for the roadway construction is currently in the final stages of review by United States Army Corps of Engineers (USACE). The environmental permit package and the mitigation plans had to be modified several times due to the USACE requirements. The permit will be approved by USACE after the submission of the revised permit package. This contract amendment provides additional professional services to prepare and submit the final package for environmental permits, mitigation plan development and coordinate with the stakeholder. The amendment also provides additional construction phase services that will be needed for the roadway construction. PROJECT TIMELINE: The amendment does not delay the Laguna Shores Road construction schedule. ALTERNATIVES: Any alternative will delay the project and compromise the required efforts for environmental permitting and the CMP grant. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of $96,055.00 with funding available from the Bond 2018 Street Proposition A Fund. FUNDING DETAIL: The project is funded by Bond 2018. The Capital Improvement Program (CIP) shows the project was planned for FY 2020 and construction began in FY 2020. This amendment does not impact the construction project and can proceed as scheduled. Fund: Street Bond 2018, Proposition A (Fund 3556) Mission Elem: Street Pavement Maintenance (051) Project No.: Laguna Shores Rd - Hustlin’ Hornet Dr to Caribbean Dr (18024A) Account: Outside Consultants (550950) Activity: 18024-A-3556-EXP Amount: $96,055.00 RECOMMENDATION: Staff recommends authorizing Amendment No. 4 to LJA Engineering in the amount of $96,055.00 for a total contract value not to exceed $907,140.00. LIST OF SUPPORTING DOCUMENTS: Location Maps Contract for Professional Services 37 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LOCATION MAP NOT TO SCALE VICINITY MAP NOT TO SCALE LAGUNA SHORES ROAD (HUSTLIN' HORNET DR. TO CARIBBEAN DR.) PROJECT LOCATION PROJECT LOCATION PROJECT NUMBER: 18024A PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LAGUNA SHORES ROAD (HUSTLIN' HORNET DR. TO CARRIBEAN DR.) PROJECT NUMBER: 18024AAERIAL MAP NOT TO SCALE CA R I B B E A N D R . HU S T L I N ' H O R N E T D R .LAGUNA SHORES RD.PROJECT LOCATION REDHEAD POND FLOUR BLUFF I.S.D SERVICE AGREEMENT NO. 1829 CITY OF CORPUS CHRISTI AMENDMENT NO. 4 to the CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called “CITY,” and LJA ENGINEERING , hereinafter called “CONSULTANT,” agree to the following amendment to the Contract for Professional Services LAGUNA SHORES ROAD FROM CARIBBEAN DR TO HUSTLIN’ HORNET DR (Project No. 18024A) as authorized and administratively amended by: Original Contract July 17, 2018 Administrative Approval $49,900.00 Amendment No. 1 August 21, 2018 Motion No. M2018-140 $702,125.00 Amendment No. 2 August 21, 2019 Administrative Approval $36,530.00 Amendment No. 3 July 31, 2020 Administrative Approval $22,530.00 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 $96,055.00 for a total revised fee not to exceed $907,140.00. All other terms and conditions of the July 17, 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 LJA ENGINEERING ________________________________ ___________________________ Michael Rodriguez Date Jeff Coym, P.E. Date Chief of Staff Vice President 5350 So. Staples St., Ste. 425 Corpus Christi, TX 78411 361/991-8550 Office jcoym@lja.com APPROVED AS TO FORM ________________________________ Legal Department Date _________________________________ ________________________AUTHORIZED Rebecca Huerta Date City Secretary BY COUNCIL________________________ ___________________________________ DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABE 10/21/2020 DocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD 10/21/2020 R:\BP'S-OPPORTUNITIES (ENGINEERING)\2020\18-02361-CO4 Laguna Shores Rd (Hustlin' Hornet to Carribbean Dr - Project 18024A)\01-18-02361-CO4 (18024A AMENDMENT NO. 4 REV. 10-14-2020.docx AMD NO. 4 EXHIBIT ‘A’ Page 1 of 3 October 14, 2020 AMENDMENT NO. 4 City of Corpus Christi Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Mr. Jeff Edmonds, P.E. Director of Engineering Services RE: Engineering Services Agreement Between City of Corpus Christi and LJA Engineering, Inc. Laguna Shores Rd. (Hustlin’ Hornet to Caribbean Dr.) (Project No. 18024A) Contract Amendment No. 4 – Laguna Shores Segment No. 2 LJA Proposal No. 18-02361-CO4/ LJA Project No. C007-18000 Dear Mr. Edmonds, I. SCOPE OF WORK We have prepared Contract Amendment No. 4 (CA4) to our Laguna Shores Rd (Hustlin’ Hornet to Caribbean Dr.) A/E Contract to cover additionally requested efforts necessary to complete the environmental permitting and increase the T&M not to exceed amount for construction phase services for Laguna Shores Segment No. 2 as follows: Basic Services (Construction Phase (T&M) 4. Construction Phase (T&M) This amendment amount is proposed to increase the total Not to Exceed amount of the Construction Phase Contract item necessary to see the project through completion. Additional Services (1d. USACE Individual Permit and 1g. Mitigation Plan Development, T&M) 1d. USACE Individual Permit: This phase experienced unforeseen overruns due to several modifications to the original scope from both internal and external forces. Required internal changes were made to the permit application from the H&H Studies performed on the four (4) drainage culvert crossings; several revisions to the application occurred due to the inclusion of the crossings being widened, and the need for dredging/filling and impacts to wetlands as a result of these findings. Several changes were also required regarding the drainage easement and negotiations with the current landowner upon discoveries of conflicting information regarding Gadwell (a non- platted, non-paper “street”) and several City owned easements. These issues, and the resolution of them, could not have been known at the time the project was originally scoped. Externally, the USACE determined that the consultant would be responsible for providing and coordinating the public notice regarding the project. The public notice is typically the responsibility of the USACE, and this unique request incurred additional time. The City provided a lengthy list of landowners in Flour Bluff, however the USACE determined that they only wanted the immediately adjacent landowners. This required additional time to sort the approximately 800 people from the City’s list down to 254 immediate landowners. In addition, DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD Mr. Jeff Edmonds, P.E. City of Corpus Christi October 14, 2020 Page 2 of 3 R:\BP'S-OPPORTUNITIES (ENGINEERING)\2020\18-02361-CO4 Laguna Shores Rd (Hustlin' Hornet to Carribbean Dr - Project 18024A)\01-18-02361-CO4 (18024A AMENDMENT NO. 4 REV. 10-14-2020.docx AMD NO. 4 EXHIBIT ‘A’ Page 2 of 3 the USACE required the consultant to print the labels and deliver them to the USACE. The USACE has also indicated that due to public comments, another public meeting will need to be prepared for and conducted. This is above and beyond normal application processing. In addition, early comments from the USACE has indicated that during processing, it will require additional field studies and analysis above and beyond a typical Individual Permit due to the nature of the hydrologic restoration of the mitigation plans that is being proposed. TPWD has also recently indicated that they will require similar additional field studies, and the USFWS has indicated that they will require unanticipated consultation regarding potential impacts to endangered species during processing. These field studies will be in lieu of 5 years of post- construction monitoring, which is not currently proposed in the application. While there are additional costs with these studies up front, there is substantial cost savings over the life of the project by avoiding the 5 years of monitoring in the future. This will require the project manager to perform an additional 50 hours of work, with CAD support of an additional 40 hours $12,850.00 be added to the lump sum amount for this line item. 1g. Mitigation Plan Development (T&M): The mitigation plan estimate could not have been known at the initiation of the project, as mitigation plans are developed during a project. This mitigation plan has evolved as anticipated, however there have been confounding issues along the way. The flooding of the Oakdale neighborhood could not have been identified in the beginning. Coordination with the FBISD was also unanticipated but needed to occur at the time. Additional coordination with the agencies (TPWD and USFWS) due to hydrologic mitigation could not have been foreseen in the beginning either. The discovery of additional easements, and a plat that was filed with the County but did not include the easements regarding the mitigation plan has also been a difficulty that has required additional time and effort. The mitigation plan has also been revised several times due to additional impacts from the H&H study, which identified the need to increase the size of the four (4) drainage channels. In addition, the USACE has indicated that it will require additional information regarding the hydrologic restoration mitigation during the processing and approval of the mitigation plan. The TPWD also indicated that based on impacts to their portion of Redhead Pond that additional coordination will be required during the agency coordination period. The current proposed mitigation plan will also need to be coordinated with the adjacent landowner, which will require additional meetings, negotiations, a re-plat, and filing these documents with the City and County. We are estimating that an additional 80 hours for project management, 120 hours of Designer efforts, 200 hours of CAD support and 160 hours of Survey Tech, resulting in $58,200.00 be added to the “not-to-exceed” amount for this line item and be invoiced on a Time and Materials basis. II. CONTRACT CONDITIONS LJA will perform the above-described work for the fees established below and shown in the attached manhour analysis. Any engineering efforts requested outside of the stated scope of work will require another amendment to the contract and additional fees. The scope of work in this Amendment does not include any mitigation plan monitoring efforts. Should they be required as a condition of the final permit, LJA can provide additional fees for those services if needed. DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD Mr. Jeff Edmonds, P.E. City of Corpus Christi October 14, 2020 Page 3 of 3 R:\BP'S-OPPORTUNITIES (ENGINEERING)\2020\18-02361-CO4 Laguna Shores Rd (Hustlin' Hornet to Carribbean Dr - Project 18024A)\01-18-02361-CO4 (18024A AMENDMENT NO. 4 REV. 10-14-2020.docx AMD NO. 4 EXHIBIT ‘A’ Page 3 of 3 III. BASIS OF COMPENSATION LJA proposes to perform the above-described scope of work for a combination of Lump Sum fees and Time and Materials basis. The total cumulative amount of this Amendment is $96,055.00 as shown on the attached “Summary of Fees” and described herein. TASK FEE BASIC SERVICES 4. Construction Phase (T&M) $25,005.00 ADDITIONAL SERVICES 1d. USACE Individual Permit $12,850.00 1g. Mitigation Plan Development (T&M): $58,200.00 TOTAL LAGUNA SHORES SEGMENT NO. 2 AMENDMENT NO. 4 $96,055.00 IV. SCHEDULE OF PAYMENT Invoices shall be prepared, submitted and paid on a monthly basis in accordance with the Original Contract. Invoices will be based upon engineering efforts spent at the time of invoicing. Contract Amendment No. 4 documents are attached. We appreciate the opportunity to provide these engineering services to you. If you have any questions regarding this Contract Amendment, or need any additional information, please do not hesitate to contact me at 361.991.8550. Sincerely, LJA Engineering, Inc. 10-14-2020 Jeffrey C. Coym, PE Date Vice President JCC/pjk Attachment DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD Laguna Shores Rd (Hustlin' Hornet Dr. to Caribbean Dr.) (City Project No. 18024A) Summary of Fees Original Contract Large A/E Contract Amd. No. 1 Large A/E Contract Amd. No. 2 Large A/E Contract Amd. No. 3 Large A/E Contract Amd. No. 4 Total 1.Preliminary Phase (FF)$22,450.00 $45,550.00 $0.00 $0.00 $0.00 $68,000.00 2.Design Phase (FF)$228,550.00 $36,530.00 $22,530.00 $0.00 $287,610.00 3.Bid Phase (FF)$12,330.00 $0.00 $0.00 $0.00 $12,330.00 4.Construction Phase (T&M)$35,480.00 $0.00 $0.00 $25,005.00 $60,485.00 $22,450.00 $321,910.00 $36,530.00 $22,530.00 $25,005.00 $428,425.00 ADDITIONAL SERVICES FEES 1.Permitting (FF) 1a.Survey for Wetlands and LSLS for Segments 1, 2 and 3 $47,600.00 $0.00 $0.00 $0.00 $47,600.00 1b.Wetland Delineation $5,000.00 $17,400.00 $0.00 $0.00 $0.00 $22,400.00 1c.Drafting & Engineering $19,440.00 $0.00 $0.00 $0.00 $19,440.00 1d.USACE Individual Permit $22,500.00 $0.00 $0.00 $12,850.00 $35,350.00 1e.TCEQ Alternatives Analysis $9,600.00 $0.00 $0.00 $0.00 $9,600.00 1f.USFWS/TPWD Coordination $3,300.00 $0.00 $0.00 $0.00 $3,300.00 1g.Mitigation Plan Development (T&M)$100,000.00 $0.00 $0.00 $0.00 $100,000.00 1g.1 Mitigation Plan $0.00 $0.00 $0.00 $58,200.00 $58,200.00 1g.2 Endangeres Species Review $0.00 $0.00 $0.00 $0.00 $0.00 1g.3 Archaeological Issues Review $0.00 $0.00 $0.00 $0.00 $0.00 1h.Texas General Land Office (TGLO) Lease $3,600.00 $0.00 $0.00 $0.00 $3,600.00 1i.MPO Coordination $11,550.00 $0.00 $0.00 $0.00 $11,550.00 2.ROW Acquisition Survey TBD TBD TBD TBD TBD 3.Topographic Survey (FF)$22,450.00 $50,000.00 $0.00 $0.00 $0.00 $72,450.00 4.Environmental Issues TBD TBD TBD TBD TBD 5.H&H Analysis (FF)$28,130.00 $0.00 $0.00 $0.00 $28,130.00 6.Drainage Crossing Design (FF)TBD TBD TBD TBD TBD 7.Public Meetings (FF)$7,500.00 $0.00 $0.00 $0.00 $7,500.00 8.Traffic Control (FF)$39,335.00 $0.00 $0.00 $0.00 $39,335.00 9.Warranty Phase (FF)$2,760.00 $0.00 $0.00 $0.00 $2,760.00 10.Record Drawings (T&M)$17,500.00 $0.00 $0.00 $0.00 $17,500.00 11. Coastal Management Plan Grant Coordination (New Task) (If Authorized)$0.00 $0.00 $0.00 $0.00 $0.00 $27,450.00 $380,215.00 $0.00 $0.00 $71,050.00 $478,715.00 $49,900.00 $702,125.00 $36,530.00 $22,530.00 $96,055.00 $907,140.00 AMENDMENT NO. 4 ATTACHMENT 'A' Page 1 of 1 BASIC SERVICES FEES Subtotal Additional Serivces Fees Subtotal Basic Services Fees Total Fee R:\BP'S-OPPORTUNITIES (ENGINEERING)\2020\18-02361-CO4 Laguna Shores Rd (Hustlin' Hornet to Carribbean Dr - Project 18024A)\02-18-02361-CO4 Amd. 4 Attachment A DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD Hours Total Hours Total Hours Total Hours Total Hours Total Days Total Hours Total BASIC SERVICES 4. Construction Phase (T&M)-$ 58 12,180.00$ 49 10,290.00$ -$ -$ -$ 39 2,535.00$ 25,005.00$ SUBTOTAL BASIC SERVICES 25,005.00$ ADDITIONAL SERVICES Additional Efforts to Prepare Individual Permit as Result of H&H Study Findings -$ 50 9,250.00$ -$ 40 3,600.00$ -$ -$ -$ 12,850.00$ 1g. Mitigation Plan Development (T&M) Additional Unforeseen Efforts Necessary to Finalize the Mitigation Plan -$ 80 14,800.00$ 120 15,000.00$ 200 18,000.00$ 160 10,400.00$ -$ -$ 58,200.00$ SUBTOTAL ADDITIONAL SERVICES -$ 188 36,230.00$ 169 25,290.00$ 240 21,600.00$ 160 10,400.00$ -$ 39 2,535.00$ 71,050.00$ $ 96,055.00 AMD NO. 4 ATTACHMENT 'B' PAGE 1 OF 1 TOTAL CONTRACT AMENDMENT NO. 4 (ADDITIONAL SERVICES) 125.00 1d. USACE Individual Permit 90.00 155.00105.00 Laguna Shores Rd. (Hustlin' Hornet to Caribbean Dr.) City Project No. 18024A MANHOUR BREAKDOWN FOR SERVICES BY TASK Vice President/Hr Sr. Proj. Mgr, PE/Hr Task Total Amendment No. 4 185.00 Designer III/Hr Clerical/HrSurvey Crew/Hr 210.00 ExpensesTASK DESCRIPTION Survey Tech/HrCADD Draftsman/Hr 65.00 R:\BP'S-OPPORTUNITIES (ENGINEERING)\2020\18-02361-CO4 Laguna Shores Rd (Hustlin' Hornet to Carribbean Dr - Project 18024A)\03-18-02361-CO4 (18024A) Attach B MH Analysis Amd #4 DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known) 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Title 3.State the names of each “board member” of the City of Corpus Christi having an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or Committee 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christiwho worked on any matter related to the subject of this contract and has an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Consultant COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: STATE: ZIP: LJA Engineering, Inc. 5350 S. Staples Street, Suite 425 Corpus Christi TX 78411 x N/A N/A N/A N/A DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person (Type or Print) Title: Signature of Certifying Person Date: DEFINITIONS a. “Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Jeff Coym Vice President June 23, 2020 DocuSign Envelope ID: 1352FEAF-ECD9-4F23-872E-405619874ABEDocuSign Envelope ID: B60A87BA-380B-4010-A7A1-3C9C31CE5FFD Capital Improvement Plan City of Corpus Christi, Texas 2019 2023 thru Description Reconstruction of existing 2-lane roadway. New roadway will be elevated 5 feet above mean sea level and will have a retaining wall placed where needed to protect against wave action. Project will incorporate a pilot wetland mitigation plan developed with Federal grants. Project #18024A Justification Consistency with the Comprehensive Plan; Policy Statements pp. 25-32; Transportation Master Plan. This project will improve the road and accommodate heavier traffic flows and provide a safer driving experience. Budget Impact/Other There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. Useful Life 25 years Project Name Laguna Shores Rd (Hustlin' Hornet to Caribbean) Category Street-Rehabilation Type Reconditioning-Asset Longevit Department Street Department Status Active Total2019 2020 2021 2022 2023Expenditures 2,800,0002,800,000Construction/Rehab 1,000,0001,000,000Storm Water-St. 530,300530,300WasteWater-St 530,300530,300Water-St. 4,860,600 4,860,600Total Total2019 2020 2021 2022 2023Funding Sources 2,800,0002,800,000G.O. Bond 2018 2,060,6002,060,600Revenue Bonds 4,860,600 4,860,600Total Contact Director of Public Works Priority 2 Critical- Asset Condition\longe 193 DATE: September 29, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond III, CBO, AIA, Director, Development Services alraymond@cctexas.com (361) 826 - 3276 CAPTION: Resolution authorizing 12 month extensions for a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement not to exceed $183,810.74 for installation of a water arterial transmission and grid main line, and a Developer Participation Agreement not to exceed $185,005.37 for partial construction of Oso Parkway with MPM Development, LP for a planned residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard at 8399 Rock Crest Drive. (District 5) SUMMARY: MPM Development, LP is required to install a 12-inch water arterial grid main line extension in order to provide adequate water to a proposed residential subdivision development. The developer also is required to construct a portion of South Oso Parkway as part of the development of the subdivision. The developer has an approved reimbursement agreement and participation agreement to construct the required public improvements. Both agreements expire in December 2020. This motion will extend the performance date for both agreements to December 6, 2021. BACKGROUND AND FINDINGS: MPM Development L.P. had requested, and was approved for, a Reimbursement Agreement for the extension of a 12-inch grid main waterline in order to provide adequate water service to the property. The amount approved from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund for reimbursement is $183,810.74. MPM Development, LP. also has an approved Developer Participation Agreement to extend Oso Parkway, near the planned project. The developer is required to construct a larger street to meet UTP Street standards and the City is participating in the street construction for Oso Parkway. The participation agreement includes street improvements, curb and gutter, and sidewalk installation. The developer will be reimbursed from the No. 3701 Developer Participation BD12 for this portion of the street improvement, not to exceed $185,005.37. Amend Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement and Developer Participation Agreement for Royal Creek Estates Unit 8 to extend the expiration date for MPM Development, LP. AGENDA MEMORANDUM Action Item for City Council Meeting of November 17, 2020 MPM Development, LP. is requesting a 12 month performance date extension on both the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement and the Developer Participation Agreement to December 6, 2021. This extension will allow additional time to complete the improvements associated with Royal Creek Estates Unit 8. ALTERNATIVES: Deny the request and unencumber the funds to allow other developers with more mature projects access to the funds. MPM Homes LP can always reapply for participation and reimbursement agreements when this project is more mature and closer to the construction stage. FISCAL IMPACT: Water Distribution Main Trust Funds and Developer Participation Funds will not change with this addendum. The encumbered funds for these projects will remain encumbered and future public improvement projects should not be affected. The reimbursement agreement amount is for $183,810.74 and is currently encumbered in the Water Arterial Transmission and Grid Main Trust Fund. The participation agreement reimbursement amount is for $185,005.37 and the funds are encumbered and are part of Bond 2012. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff Recommends Approval of the extension of both agreements. The agreements are helping to facilitate the build out of a residential subdivision and associated infrastructure. LIST OF SUPPORTING DOCUMENTS: Resolution (with Amendment to Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement and Amendment to Participation Agreement) Presentation Location map Resolution authorizing 12 month extensions for a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement not to exceed $183,810.74 for installation of a water arterial transmission and grid main line, and a Developer Participation Agreement not to exceed $185,005.37 for partial construction of Oso Parkway with MPM Development, LP for a planned residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard at 8399 Rock Crest Drive. 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 12 month performance date extensions to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement for installation of a water arterial transmission and grid main line and Participation Agreement for partial construction of Oso Parkway with MPM Development, LP (“Amendments”) attached hereto, with MPM Development, LP for a planned residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard at 8399 Rock Crest Drive. 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 Huerta Joe McComb City Secretary Mayor Amendment to Agreements City Council November 17, 2020 Amend Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement and Developer Participation Agreement for Royal Creek Estates Unit 8 to extend the expiration date for MPM Development, LP. 2 Location Map Oso Pkwy Extension Water Line Extension Royal Creek Estates Unit 8 3 Reimbursement Agreement •MPM Development, LP. Entered into a Water Transmission and Grid Main Construction and Reimbursement Agreement on December 6, 2018 for a period of 24 months. •The developer is required to install 1384 linear feet of 12-inch waterline. •The total reimbursement amount authorized in the agreement is $183,810.74. •This is the first extension request for this agreement. •The developer has stated that the required work outlined in agreement was not started due to economic conditions in 2019 and the COVID-19 crisis in 2020. 4 Participation Agreement •MPM Development, LP. Entered into a Participation Agreement with the City to extend Oso Parkway on December 7, 2018 for a period of 24 months. •The developer is required to construct a larger street (approximately 1384 LF), including the street curb, gutter and 4-foot wide sidewalk. •The streets improvements are part of the UTP •The developer will be reimbursed 30% of the cost of the roadway extension, not to exceed $185,005.37. •This is the first extension request for this agreement. •The developer has stated that the required work outlined in agreement was not started due to economic conditions in 2019 and the COVID-19 crisis in 2020. 5 Approval The amendment to the agreements is accordance with UDC Section 8.5.1 Water Trust Fund and UDC Section 8.4 City Participation in Streets and Drainage Crossings. Recommendation DATE: November 6, 2020 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director Intergovernmental Relations tammye@cctexas.com 361-826-3622 CAPTION: Resolution to adopt the City of Corpus Christi’s State Legislative Agenda for the 87th Texas Legislature and Federal Legislative Priorities for the 117th United States Congress. SUMMARY: The City Council adopts a legislative agenda each biennium prior to new state and federal legislative sessions convening. The resolution identifies the policy and appropriations priorities of the City Council for the 87th Regular Session of the Texas Legislature, which convenes on January 12, 2021, and the 117th United States Congress, which convenes on January 3, 2021. BACKGROUND AND FINDINGS The City’s General State Legislative Policy (below) is used to guide the City’s contract lobbyists and the Intergovernmental Relations Department in evaluating state and federal legislative proposals not covered by the City’s specific legislative policy initiatives. General State Legislative Policy The City SUPPORTS legislation and/or administrative actions that: The City OPPOSES legislation and/or administrative actions that: Protect and enhance City revenues. Undermine the principle of home rule and local control by the City. Reduces or eliminates costs to the City. Results in the loss of revenue or negatively impacts potential revenue growth to the City. Supports local control. Diminishes the authority of cities to regulate and manage their growth and development. Protects policies previously established by City leadership through the Charter, ordinances, resolutions, and master plans. Nullifies or undermines the City’s policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City’s ability to manage its own affairs. Resolution to adopt the City of Corpus Christi’s State Legislative Agenda for the 87th Texas Legislature and Federal Legislative Priorities for the 117th United States Congress. AGENDA MEMORANDUM Action Item for the City Council Meeting November 17, 2020 Provides increased educational opportunities and job creation/retention for the citizens of Corpus Christi and the Coastal Bend region through the Port of Corpus Christi authority, public schools, community colleges and universities Imposes unfunded mandates that requires any expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity. The City’s IGR Department identified three levels of importance on state legislative issues, which the City Council selects for each of the state appropriations or policy recommendations.  Priority – means the City will actively pursue and support/oppose the policy, including, if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills, as well as very important legislation of statewide application.  Actively Support/Oppose – means the City will aggressively attempt to influence passage/defeat of a measure if it is introduced by some other entity.  Endorse – means the City will make its support or opposition known, but will not actively pursue the issue. ALTERNATIVES: The Council can choose to: 1. Adopt the resolution. 2. Not adopt the resolution. 3. Make revisions to the resolution. FINANCIAL IMPACT: No financial impact to the city RECOMMENDATION: Staff recommends adoption of this resolution which will serve as the guiding principles for the City of Corpus Christi in the upcoming legislative session and US Congress. LIST OF SUPPORTING DOCUMENTS: Council Resolution Page 1 of 11 Resolution to adopt the City of Corpus Christi’s State Legislative Agenda for the 87th Texas Legislature and Federal Legislative Priorities for the 117th United States Congress. WHEREAS, the 87th Regular Session of the Texas Legislature will convene on January12, 2021 for 140 days; and WHEREAS, the 117th United States Congress will convene on January 3, 2021 for two annual sessions and is scheduled to adjourn on January 3, 20 22; and WHEREAS, the City of Corpus Christi, its residents, businesses, industry, governments, agencies and institutions benefit significantly from federal and state government agency programs and services provided in the community and are greatly impacted by legislative activities; and WHEREAS, during every state legislative session and congress, thousands of bills are filed and many have the potential to either directly or indirectly impact the City of Corpus Christi (City), its programs and services, its citizens, the tax base, and community needs; and WHEREAS, The City’s Intergovernmental Relations (IGR) Department is responsible for monitoring state and federal governmental activities, developing legislative priorities approved by City Council, managing the City’s legislative consultants at Focused Advocacy in Austin, TX, and Meyers & Associates, LLC, in Washington, D.C., and coordinating legislative activities with other public and private sector entities and municipal advocacy organizations; and WHEREAS , to be successful, this ever-evolving business environment requires close contact and constant communication with legislative leadership, external legislative consultants, national and statewide municipal advocacy organizations, national and statewide partners, community leadership, and community stakeholders. WHEREAS, it is necessary to provide guidance for the City’s officers and representatives in conducting the City’s state and federal legislative efforts and relations; Now , therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council generally SUPPORTS federal and state legislation and/or administrative actions that:  Protects policies previously established by City leadership through Charter, ordinances, resolutions and master plans  Furthers local control;  Protect and enhance City revenues;  Reduce or eliminates costs to the City; and Page 2 of 11  Provides increased educational opportunities and job creation/retention for the citizens of Corpus Christi and the Coastal Bend region through the military, the Port of Corpus Christi Authority, public schools, community colleges and universities. SECTION 2. The City Council generally OPPOSES federal and state legislation and/or administrative actions that:  Nullify or undermine the City’s policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City’s ability to manage its own affairs;  Diminishes the authority of cities to regulate and manage their growth and development;  Imposes unfunded mandates that requires any expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity  Undermine the principle of home rule and local control by the City; and  Results in the loss of revenue or negatively impacts potential revenue growth to the City; SECTION 3. The City Council adopts the following policy issues as its federal legislative agenda for the two annual sessions of the 117th Congress: A. FEDERAL PRIORITIES Support direct flexible assistance to local governments to continue response to and economic recovery from the COVID-19 pandemic. Protect the investment made by taxpayers over the past 80 years, support adequate funding from the U.S. Department of Defense for the vital military missions and national security value of Naval Air Station Corpus Christi, Naval Air Station Kingsville, the Corpus Christi Army Depot, the United States Coast Guard and all tenant commands located at NASCC, including active duty and civilian personnel, training, equipment, maintenance of aging facilities and infrastructure and new construction of necessary facilities and infrastructure to ensure force readiness. Support elimination of the Production Tax Credit for wind farm developments within close proximity of a military installation and flight training routes. Oppose definitions or procedural changes or practices at the Department of Defense which would result in reduced workload at military depots such as CCAD. Oppose pre-emption by federal agencies which nullify or undermine the policies contained in existing provisions of the Charter, ordinances, reso lutions, and master plans, specifically the Federal Communications Commission’s (FCC) proposed regulatory overreach on small cell telecommunication deployment and FCC’s new rules Page 3 of 11 that will significantly reduce cable franchise fees and impact Public, Educat ional and Government (PEG) channels. Protect existing tax-exempt status of municipal bonds and support legislation that would restore advance refunding of tax-exempt bonds. Prohibit redefining “Waters of the United States”. Prevents the Army Corps of En gineers and the Environmental Protection Agency from expanding the definition of surface waters and wetlands that are subject to the Clean Water Act’s regulatory requirements and protection. Monitor the impact of EPA’s new Lead and Copper rule for water utilities B. ACTIVELY SUPPORT Preserving the funding levels of congregate meal and home-delivered meals, and Preserving funding levels for all other aging services programs, including Senior Companion Program and the Retired Senior Volunteer Program Support level or increased funding for the U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant, HOME, and Homeless Assistance programs. Support funding for Federal Aviation Administration (FAA) programs that support Corpus Christi International Airport Improvement projects. Support a federal infrastructure program, including full funding for the Highway Trust Fund, which promotes investment in highways, rail, waterways, utilities, and technology without requiring excessive local debt and additional unfunded mandates. Increase the rate of return for Texas from the Highway Trust fund to correct the imbalance of Texas’ status as the only donor state to the trust fund. Support expansion of federally designated opportunity zone program and allow for local governments in economically disadvantaged areas to advocate for and participate in opportunity zone designation and development. Create a pathway for residents living within opportunity zones to have access to participate in Qualified Opportunity Zone Funds. Support Stafford Act reforms that would streamline disaster response timelines and clarify the act with regard to funding of projects affected by duplication of authority. Support preservation of and improvements to the Historic Tax Credit (HTC) as seen in the Historic Tax Credit Growth and Opportunity Act (HTC-GO) Page 4 of 11 C. ACTIVELY OPPOSE Oppose any actions that would increase barriers to trade, such as tariffs on intermediate goods. Oppose any barriers that would prevent Coastal Bend businesses and industries from staying competitive in a global economy and result in a net loss for the economic health of our regions, state, and country. Oppose the elimination of the Office of Economic Adjustment (OEA), which is the only means for the Department of Defense (DoD) to directly support civilian activities that, in turn, provide direct value and savings to the warfighter by allowing D oD to reduce costs by shedding excess infrastructure, engaging a more resilient supply chain and competitive defense manufacturing sector, and enhancing the lethality of our assets through joint land use planning. SECTION 4. ENDORSEMENTS. The City Council endorses the federal legislative priorities and recommendations of affiliate professional, trade, community and services organizations in which the City, its elected officials, and/or staff in their official capacity are members of or serve on the boards of directors, when th ose policy recommendations are aligned with the mission of the City and are not in conflict with a specific policy adopted by the City Council. Those entities may include, but are not limited to: United States Conference of Mayors National League of Cities National Community Development Association National Association of Nutrition and Aging Services Alliance for Interstate 69 Texas Association of Defense Communities Army Aviation Association of America Coalition for Sustainable Flood Insurance American Planning Association United Corpus Christi Chamber of Commerce South Texas Military Facilities Task Force Corpus Christi Convention and Visitors Bureau Del Mar College Texas A&M University Corpus Christi Texas A&M University Kingsville Workforce Solutions of the Coastal Bend Corpus Christi Economic Development Corporation Coastal Bend Council of Governments National Association of Telecommunications Officers and Advisors (NATOA) American Public Works Association Page 5 of 11 SECTION 5. The City Council adopts the following policy issues as its agenda for the 87th Regular Session and any potential Special Called Sessions of the Texas Legislature. A. STATE PRIORITIES: Preserve Local Decision-Making The City strongly supports the principles of local decision-making from residents, stakeholders and local elected officials who are most directly responsive to their neighbors. The City opposes undermining the principle of home rule and local control and opposes legislation that diminishes the authority of cities to regulate and manage their growth and development. Oppose State of Texas preemption of municipal authority in order to protect residential neighborhoods from activities that would degrade homeowner property values, and more specifically oppose eroding municipal authority related to development matters including annexation, eminent domain, land use planning and zoning, building codes and inspections, and tree preservation. The City strongly opposes legislation, especially revenue caps, that undermines the authority of local elected officials to establish budgets and generate revenues through various authorized taxes, and user fees, to improve quality of life and secure the essential municipal services, personnel, facilities, and initiatives prioritized by local taxpayers. Oppose legislation that would erode the ability of a city to issue debt. Oppose legislation taking away local authority to draft bond and referendum ballot language and interjecting the State of Texas, an agency or statewide elected official into a local election process. Support increased transparency for Municipalities in the sales tax audit process that result in any type of audit adjustment or refund. Oppose state legislation that would erode the authority of a city to be adequately compensated for the use of its rights-of-way and/or erode municipal authority over the management and control of rights-of-way. Oppose legislation that would prohibit the City from using public funds to communicate with legislators or state agencies and advocate on behalf of the community through:  Participation in grassroots advocacy efforts;  Membership with municipal associations;  Employment of in-house intergovernmental relations staff; and Page 6 of 11  Engagement of legislative consultants. Preserve the power of the City of Corpus Christi to appoint 3 members of the governing board of the Port of Corpus Christi. COVID -19 Pandemic and Public Health Support legislation that requires equal treatment of local governments and prevents a state official or state agency from placing additional restrictions on a city’s use of federal funds from future stimulus legislation related to a health pandemic that impedes the flexible use and prompt expenditure of funds as authorized by Congress. Support simplified reporting system and increased investment in public health IT Infrastructure needs to allow for real time communication and disease surveillance between local health departments, medical institutions, Texas Department of State Health Services and the Center for Disease Control Protect and strengthen access to behavioral health care (mental health and substance use disorder services) to create healthier communities as well as healthier workforce. Provide more flexibility for use of Type A/B dollars to help our hardest hit small businesses recover from COVID-19 impacts. Support for our Military Community and Installations The City supports legislation which protects the investments made by taxpayers in facilities, equipment, infrastructure, training of active duty and civilian personnel to fulfill the critical national security missions performed at military installations throughout Texas. Support Legislative Appropriations of at least $30 million for the Defense Economic Adjustment Assistance Grant (DEAAG) Program. Oppose legislation to offer local tax exemptions for wind energy developments in close proximity to military installations. Protect provisions from Senate Bill 277 (85th Regular Session). Disaster Assistance and Emergency Management Reform Support funding to assist local governments with recovery, mitigation, and resiliency projects following Hurricane Harvey, Hurricane Hanna, or other disasters. Support the continuation of local government ability to pass ordinances and issue orders that address needs in an emergency or disaster. Page 7 of 11 Support windstorm insurance reform that will provide affordable, equitable rates for the Texas coast. Oppose unnecessary rate hikes from the Texas Windstorm Insurance Association (TWIA). Environment and Utilities Support continued funding for air quality monitoring and mitigation projects to enable Corpus Christi to remain in compliance with federal Clean Air Standards. Support improvements to Texas Water Development Board Regional Water Planning process, the unified cost model and other plan requirements B. ACTIVELY SUPPORT Support improvements to the appraisal and appraisal appeals process to align the refund interest charged with current municipal investment returns. Support improvements to the Texas Commission of Fire Protection (TCFP) through the Sunset Commission process to include representation from Fire Chiefs of larger municipal fire departments on the TCFP and the Firefighters Advisory Council. Education and Economic Competitiveness Protect economic development tools that attract new jobs and companies to Texas, including but not limited to the Skills Development Fund, CPRIT, Sales and Use Tax Exemptions, Enterprise and Tax Increment Financing Districts, the film incentive fund, and other statues related to economic development such as Chapters 311, 312, 313, 380, and 381. Support increased educational opportunities and job creation/retention for the residents of Corpus Christi and the Coastal Bend region through the Corpus Christi Regional Economic Development Corporation, Port of Corpus Christi Authority, public schools, Del Mar College, Texas A&M University Corpus Christi (TAMUCC) and Texas A&M University Kingsville (TAMUK). The City supports an increase in the state’s share of public education, therefore reducing the property tax burden of local taxpayers, and updates t o the state’s school funding system to include an increase in the basic allotment. The City supports full funding for virtual education within local school districts during the COVID-19 Pandemic. Establish a well-funded pre-K-12 school finance system that: Page 8 of 11  requires locally collected tax revenue for education to stay in the education system;  includes education for all children starting with full-day pre-k;  provides financial transparency and accountability to taxpayers for all education funds;  explores additional revenue sources aligned with enhanced outcomes and efficiencies,  ensure student progress and post-secondary readiness with high levels of pre-K- 12 academic rigor and accountability. The City supports enhanced formula and non-formula funding for Del Mar College, TAMUCC and TAMUK and authorizing Tuition Revenue Bonds for requested capital projects. Support TAMUCC exceptional item request for the Lone Star Unmanned Aircraft Systems Center for Excellence and Innovation (LSUASC) Emergency Manageme nt service enhancement. Support TAMUCC exceptional item request Strengthening Texas’ Coastal Economy Through Sustainable Commercial Oyster Aquaculture Advance the Texas Higher Education Coordinating Board’s 60x30TX goals:  improve the higher education funding system to incentivize quality, workforce readiness, and certificate and degree completion ;  fully fund TEXAS grants, Tuition Equalization Grants and Jobs and Education for Texans (JET) grants;  streamline the college credit transfer process towards quicker certificate and degree completion and reduced student debt;  support the goal of all high school graduates completing at least 12 student credit hours of Dual Credit courses; Meet industry workforce needs through alignment and expansion of: trade and technical skills training, apprenticeships, internships, and work-based learning opportunities, along with funding for workforce Dual Credit programs, and Career and Technical Education (CTE) and industry-specific certifications and degrees Transportation Preserve the billions of dollars in road and highway funding added by Proposition 1 and Proposition 7 funding and ensuring the deferred payment authorized under the 85 th legislative session is paid in full. Protect the local prioritization of policies and funding for improved transportation and additional transit options. Page 9 of 11 Utilize new project delivery tools to allow for innovative and smart infrastructure financing and the use of innovative technologies that would not further obligate state funds. Develop roads and rail, as part of an integrated, multi-modal transportation network to maximize our state’s capacity to move people, goods and services throughout the state. Support legislation that would enhance community safety initiatives such as Vision Zero by allowing cities more flexibility to reduce speed limits on local streets for the overall safety of all road users. Tourism Support retention of full State tourism funding. Protect existing authority to use Hotel Occupancy Tax revenues to construct a convention center hotel and oppose any restrictions, limitations or changes which would alter the existing authority. Positive changes to local Hotel Occupancy Tax Laws to include expansion of sporting facilities category to include additional sports activities. Support request of Texas Commission on the Arts for new Cultural District designations. Homelessness and Affordable Housing The City supports legislation that allows for flexible and innovative solutions to create local funding options to increase the supply of affordable housing for low to moderate income families. Support funding to rehabilitate units in federal housing subsidy program and create additional housing options for the homeless population. C. ACTIVELY OPPOSE Education and Economic Competitiveness Oppose legislation that would limit the authority of Type A or Type B economic development corporations statewide. Oppose legislation that would limit or eliminate the current flexibility of the Major Events Reimbursement Program as a tool for cities to attract or host major events and conventions. Oppose proposals to use local Hotel Occupancy Taxes for non-tourism purposes. Page 10 of 11 SECTION 6. ENDORSEMENTS. The City of Corpus Christi will coordinate with the following local stakeholders to endorse legislative priorities to promote the overall health and prosperity of the Coastal Bend region, provided they do not conflict with the City’s own legislative agenda. These entities may include, but not be limited to: United Corpus Christi Chamber of Commerce South Texas Military Facilities Task Force Corpus Christi Convention and Visitors Bureau Del Mar College Texas A&M University Corpus Christi Texas A&M University Kingsville Corpus Christi Regional Economic Development Corporation Workforce Solutions of the Coastal Bend Coastal Bend Council of Governments United Way of the Coastal Bend The following municipal advocacy or professional associations will adopt legislative priorities, which the City of Corpus Christi may endorse during the session, provided they do not conflict with the City’s own legislative agenda. These entities may include, but not be limited to: Texas Municipal League (TML) Texas Mayors of Military Communities (TMMC) Texas Police Chiefs Association Texas Fire Chiefs Association Texas Court Clerks Association (TCCA) Texas Municipal Courts Association Texas Court Clerks Association Texas Association of Municipal Information Officers (TAMIO) Texas Chapter American Planning Association Texas Coalition for Affordable Power (TCAP) Transportation Advocates of Texas (TAOT) Alliance for Interstate 69 Texas Texas Water Conservation Association (TWCA) Lone Star Chapter of the Solid Waste Association of North America (TXSWANA) Texas Chapter of American Shore and Beach Preservation Association (TXASBPA) Water Environment Association of Texas (WEAT) Texas Society of Certified Public Accountants Government Finance Officers Association of Texas (GFOAT) Texas Chapter of the American Public Works Association The following state agencies may adopt legislative priorities, which the City of Corpus Christi may endorse during the session, provided they do not conflict with the City’s own legislative agenda. These entities may include, but not be limited to: Page 11 of 11 Texas Municipal Retirement System (TMRS) Texas Workforce Commission SECTION 7. The Legislative Priorities remain in effect until amended by the City Council. SECTION 8. Staff is directed to distribute these Federal and State Legislative Priorities to the local legislative delegation, legislative leadership, external legislative consultants, municipal advocacy organizations, federal and state municipal partners, community leadership, and community stakeholders to solicit their advice and support. This resolution takes effect upon City Council approval on this the ______________ day of _________________, 2020. ATTEST: THE CITY OF CORPUS CHRISTI _____________________________ ____________________________ Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _______________of _______________, 2020 The above resolution was passed by the following vote: Joe McComb __________ Michael Hunter ___________ Paulette Guajardo ___________ Vacant ___________ Everett Roy ___________ Roland Barrera __________ Ben Molina ___________ Greg Smith ___________ Gil Hernandez ___________ DATE: October 23, 2020 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director DavidL3@cctexas.com 361-826-1953 CAPTION: Ordinance amending Chapter 21 of the Corpus Christi Code of Ordinances to establish the Super Bag Collection Service for residential waste collection following a successful six month pilot program and to enact a cost recovery fee of $135.00 to be paid at time of bag purchase. SUMMARY: Approve amendments to Chapter 21 Code of Ordinances to establish a collection program and fee for the new Super Bag Program to be offered by the Solid Waste Services Department. The service is necessary to provide a collection program for household remodeling materials. BACKGROUND AND FINDINGS: The Super Bag is a heavy duty, large, single-use bag purchased at the JC Elliott Collection Center for $135. The Super Bags may be filled with residential remodeling and building materials, large bulky household items, yard and landscaping waste, or other waste from household projects. Customers call the City’s Customer Call Center to schedule collection, which will be provided within three business days. The $135 charge includes the bag, disposal, labor, equipment fuel, administrative costs, and sales tax. On March 17, 2020, the City Council gave approval for Solid Waste Services to conduct a six- month pilot program to test the viability of the Super Bag collection program. A total of 60 Super Bags were sold between April 15 and October 15, 2020. The pilot program found that Super Bags were efficiently collected within two business days of scheduled requests, the physical characteristics of the bags were adequate to prevent tearing and spillage, and c ustomers complied with the instructions regarding permitted materials and placement of the Super Bags for collection. At the current utilization rate, the department projects to sell 120 Super Bags in 12 months and generate a total of $15,205 in revenue. This amendment to the City Code of Ordinances provides legal authority for the enactment of the Ordinance amending Chapter 21 of the Corpus Christi Code of Ordinances to establish the Super Bag Collection Service for residential waste collection following a successful 6 month pilot program and to enact a cost recovery fee of $135.00 to be paid at time of bag purchase. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting November 17, 2020 Second Reading Ordinance for the City Council Meeting December 1, 2020 City’s Super Bag Collection Service. SECTION 1. Chapter 21 of the Corpus Christi Code is amended by enacting new section 21-29 and subsection 21-40(a)(19) to establish the “Super Bag” residential waste collection service and enact a cost recovery fee to provide the service, with such new section and subsection to read as follows, with stricken language being deleted and underlined language being added: “Sec. 21-29. Reserved. Super Bag Collection Service. “(a) Any person may purchase collection service for a disposable “Super Bag” at the J.C. Elliott Citizens Collection Center during hours of operation. The cost of the Super Bag collection service (which includes use of the bag) is set out in Section 21-40(a)(19). A person may purchase and utilize the Super Bag collection service multiple times as needed. “(b) A Super Bag may be placed outdoors on the person’s residential property and filled for a period up to seven calendar days prior to scheduling collection. Placement of the Super Bag may not obstruct the street or sidewalk and must be within 15’ of the curb. “(c) The following items may be placed in a Super Bag: bulky items (excluding large household appliances), clean wood waste, clothes, construction/demolition materials (excluding asbestos- containing siding), rubbish generated from the premises, and yard waste. “(d) The following items may not be placed in a Super Bag: food waste; hazardous waste including, but not limited to, toxic substances, materials containing asbestos, batteries, e-waste and electronics, fluorescent bulbs, fuels, propane, liquids, oil, and paint; hot materials; household appliances; medical waste; railroad ties; and tires. “(e) Accumulations on the person’s residential property of litter and solid waste outside of the Super Bag are not allowed, will not be collected, and may be subject to a citation and fine under other provisions of this Code. “(f) It is the person’s responsibility to contact the department to schedule collection service. In the event the person does not schedule collection within seven days of placing the Super Bag in the collection area, the department is authorized, pursuant to the purchase of the Super Bag collection service, to collect the Super Bag from the person’s residential property for disposal following the seventh day. “Section 21-30. * * * * * * * * “Sec. 21-40. - Charges—For collection services within the City of Corpus Christi. “(a) The following charges apply to the collection of solid waste from Solid Waste Operations Department customers located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal/state surcharges or fees specified in section 21-20 and state and city taxes. The charges for collection services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection (19) Super Bag Collection Service $124.71 each ALTERNATIVES: Residents may continue hauling waste generated from home projects to the JC Elliott Collection Center for no charge or pay a contractor to haul the waste. FISCAL IMPACT: The charge for the Super Bag was established to completely offset the cost of the bag, disposal, labor, equipment fuel and administrative costs. There should be no fiscal impact. Funding Detail: Fund: 1020 - General Fund Organization/Activity: 12511 – Brush Collections Mission Element: 031 Account: 309330 – Special Debris Pickup Revenue of $15,205.00 per year RECOMMENDATION: The recommendation is to approve this item as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Pro Forma Instructions Page 1 of 3 Ordinance amending Chapter 21 of the Corpus Christi Code to establish the “Super Bag Collection Service” residential waste collection service and enact a cost recovery fee of $135.00 to be paid at time of bag purchase. SECTION 1. Chapter 21 of the Corpus Christi Code is amended by enacting new section 21-29 and subsection 21-40(a)(19) to establish the “Super Bag Collection Service” residential waste collection service and enact a full cost recovery fee (including sales tax) to provide the service, with such new section and subsection to read as follows, with stricken language being deleted and underlined language being added: “Sec. 21-29. Reserved. Super Bag Collection Service. “(a) Any person may purchase collection service for a disposable “Super Bag” at the J.C. Elliott Citizens Collection Center during hours of operation. The cost of the Super Bag collection service (which includes use of the bag) is set out in Section 21-40(a)(19) and includes applicable sales tax. A person may purchase and utilize the Super Bag collection service multiple times as needed. “(b) A Super Bag may be placed outdoors on the person’s residential property and filled for a period up to seven calendar days prior to scheduling collection. Placement of the Super Bag may not obstruct the street or sidewalk and must be within 15’ of the curb. “(c) The following items may be placed in a Super Bag: bulky items (excluding large household appliances), clean wood waste, clothes, construction/demolition materials (excluding asbestos-containing siding), rubbish generated from the premises, and yard waste. “(d) The following items may not be placed in a Super Bag: food waste; hazardous waste including, but not limited to, toxic substances, materials containing asbestos, batteries, e-waste and electronics, fluorescent bulbs, fuels, propane, liquids, oil, and paint; hot materials; household appliances; medical waste; railroad ties; and tires. “(e) Accumulations on the person’s residential property of litter and solid waste outside of the Super Bag are not allowed, will not be collected, and may be subject to a citation and fine under other provisions of this Code. “(f) It is the person’s responsibility to contact the department to schedule collection service. In the event the person does not schedule collection within seven days of placing the Super Bag in the collection area, the department is authorized, pursuant to the purchase of the Super Bag collection service, to collect the Super Bag from the person’s residential property for disposal following the seventh day. “Section 21-30. * * * * * * * * Page 2 of 3 “Sec. 21-40. - Charges—For collection services within the City of Corpus Christi. “(a) The following charges apply to the collection of solid waste from Solid Waste Operations Department customers located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal/state surcharges or fees specified in section 21-20 and state and city taxes. The charges for collection services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection (19) Super Bag Collection Service $135.00 each (sales tax included) (b) * * * * * * * * ” SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it 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 portion or provision of this ordinance be given full force and effect for its purpose. SECTION 3. This ordinance takes effect on January 1, 2021. Page 3 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the _______ day of __________________, 2020, by the following vot e: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette Guajardo Greg Smith Gil Hernandez The foregoing ordinance was read for the second 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 Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the ______ day of ____________________. 2020. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Super Bag Pro-Forma Income Per Unit Solid Waste Services COST OF BAG Per Unit $28.98 Shipping $1.60 Total Cost of Bags $30.58 OPERATING COSTS Vehicle Operator (1/2 Hr.) $11.64 Equipment (1/2 Hr.) $31.63 LANDFILL COSTS Per 2,200 lbs. of Debris $27.50 ADMINISTRATION COSTS Includes advertising, scheduling, $23.36 tracking, and reporting (estimate) TOTAL OPERATING COSTS $124.71 SALES TAX $10.29 TOTAL $135.00 SUPER BAG INSTRUCTIONS 1. Begin by laying the Super Bag flat in a place accessible for collection. 2. Step inside the bag and roll the sides down and out from the top to help the bag take shape. The straps must remain outside of the bag during and after filling it. 3. Asphalt, brick, concrete, roof shingles, dirt, sand, rock, sod or drywall must be loaded first to a height not to exceed ten inches from the bottom and as evenly as possible. 4. Top the Super Bag with lighter items but ensure that the contents do not extend past the top of the bag. 5. Roll the sides up as necessary to continue to fill the Super Bag. ACCEPTABLE MATERIALS UNACCEPTABLE MATERIALS Flooring Plywood Tile Bathtub Cabinets Trim Materials Doors Insulation Construction Debris Packaging Material Windows Sinks Plaster Carpet Paneling Siding Demolition Debris Toilets Screens Household Junk Broken Toys PROPER PLACEMENT Super Bags measure L 96” x W 48” x H 30” and may be loaded up to 2,200 lbs. Prior to filling the bag, select a place within 15 feet from the curb to ensure it is accessible for collection. The sidewalk and street must be kept free from obstructions. SCHEDULING THE COLLECTION Once the bag is filled and ready to be hauled away, simply call (361) 826-CITY (2489) to schedule the collection. A truck will collect the bag within three business days. Yard Waste Bikes Rugs Carpets Lawn Furniture Indoor Furniture Old Luggage Mattresses Heavy Debris Grill (No gas tank) 10 Inch Maximum Asphalt Brick Concrete Roofing Shingles Dirt Sand Rock Sod Drywall Electronics Hot Materials Asbestos Propane Chemicals Railroad Ties Fluorescent Bulbs Toxic Waste Hazardous Waste Fuel Liquids Medical Waste Paint Oil Food Waste Tires Batteries Appliances