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Agenda Packet City Council - 03/02/2021
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, March 2, 2021 Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary’s office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su inglés es limitado, habrá un intérprete inglés-español en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A.Mayor Paulette M. Guajardo to call the meeting to order. B.Invocation to be given by Very Reverend Pedro T. Elizardo, Corpus Christi Cathedral. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Manuel Giraldo. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.21-0266 Commendation for Roy Miller High School Football Team Page 1 City of Corpus Christi Printed on 3/1/2021 March 2, 2021City Council Meeting Agenda - Final-revised F.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. G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.CORPUS CHRISTI CONVENTION AND VISITORS BUREAU ANNUAL REPORT - BRETT OETTING, CEO b.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS H.MINUTES: 2.21-0252 Regular Meeting of February 23, 2021. I.BOARD & COMMITTEE APPOINTMENTS: J.EXPLANATION OF COUNCIL ACTION: K.CONSENT AGENDA: (ITEMS 3 - 19) Consent - Second Reading Ordinances 3.21-0186 Zoning Case No. 0121-02, Braselton Development Company, Ltd.: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-4.5” Single Family Page 2 City of Corpus Christi Printed on 3/1/2021 March 2, 2021City Council Meeting Agenda - Final-revised 4.5 District. (Planning Commission and Staff recommend Approval) Sponsors:Development Services 4.21-0187 Zoning Case No. 0121-03, Bassam Salman: (District 4) Ordinance rezoning property at or near 725 Glenoak Drive from the “RM-1” Multifamily 1 District to the “RS-4.5” Single Family 4.5 District. (Planning Commission and Staff recommend Approval) Sponsors:Development Services 5.21-0062 Zoning Case No. 1020-01, Tex-Isle, LLC.: (District1). Ordinance rezoning property at or near 1401 North Alameda Street from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District. Planning Commission and Staff recommend Denial.(3/4 vote required due to Planning Commission's recommendation of denial) Sponsors:Development Services 6.21-0104 Zoning Case No. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust: (District 4) Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. (Planning Commission and Staff recommend approval) (3/4 vote will be required due to opposition by surrounding property owners) Sponsors:Development Services 7.21-0223 Ordinance amending the City’s Consolidated Annual Action Plan (CAAP) of entitlement funding from HUD for FY 2019-2020; accepting and appropriating $2,275,155.00 from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG-CV) and $1,864,176.00 for the Emergency Solutions Grant (ESG-CV) funding in FY 2019-2020; authorizing the execution of all documents necessary to accept, appropriate, and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the additional CDBG-CV and ESG-CV funding from HUD with organizations for approved projects. Sponsors:Human Resources Consent - Contracts and Procurement 8.21-0116 Motion authorizing five, two-year service agreements for a combined amount not to exceed $400,000.00 for mowing and servicing properties for Code Enforcement, with an agreement with each of the following Contractors: Apostle Construction Enterprises, LLC of Corpus Christi, Texas, Dexter Charles Rhines Jr., dba D.R. Lawn Maintenance of Corpus Christi, Texas, J.M. Perez and Grandsons LLC of Portland, Texas, TurnKey Lawn Care & Services, LLC of Corpus Christi, Texas, and Juan Carlos Valdez, dba Woodwerk Tree Trimming & Landscaping, of Corpus Christi, Texas, each in an amount not to exceed $80,000.00, with FY 2021 funding Page 3 City of Corpus Christi Printed on 3/1/2021 March 2, 2021City Council Meeting Agenda - Final-revised in the amount of approximately $58,333.00 available through the General Fund and $58,333.00 available through the CDBG Grants Fund for a combined amount of $116,666.00. Sponsors:Police Department and Contracts and Procurement 9.21-0063 Motion authorizing a three-year service agreement with Excel Pump & Machine, Inc. from Corpus Christi, Texas, for an amount not to exceed $840,750.00, for pump repairs at O. N. Stevens Water Treatment Plant and the booster and raw water pump stations, with FY 2021 funding in an estimated amount of $163,479.00 available through the Water Fund. Sponsors:Utilities Department and Contracts and Procurement 10.21-0071 Motion authorizing a two-year supply agreement with Neptune Technology Group Inc., of Tallassee, Alabama, for a total amount not to exceed $810,403.79, for water meters and components for the Utilities Department, with FY 2021 funding available in the amount of $405,201.90 in the FY 2021 Water Fund. Sponsors:Utilities Department and Contracts and Procurement 11.21-0093 Motion authorizing a two-year supply agreement with EGSW, LLC, of Wimberly, Texas, for a total amount not to exceed $512,300.00, for Micro-Solve (a preventative grease and odor solution) for Wastewater Treatment Plants, with FY 2021 funding in the amount of $149,421.00 available from the FY 2021 Wastewater Fund. Sponsors:Utilities Department and Contracts and Procurement 12.21-0115 Motion authorizing a four-year service agreement for On-call Electrical Services for City Landfills with Readyflo Systems, LLC of Corpus Christi, Texas for a total amount not to exceed $117,120.00; with FY 2021 funding in an amount of $17,080.00 in the General Fund. Sponsors:Solid Waste Operations and Contracts and Procurement 13.21-0126 Motion authorizing the lease-purchase of one self-loading brush truck from Houston Freightliner, Inc., dba Houston Freightliner & Western Star of Houston, Texas for a total amount of $191,084.49 to be used by Solid Waste Operations, effective upon issuance of letter of acceptance with FY 2021 funding in the amount of $6,369.48 available through the General Fund. Sponsors:Solid Waste Operations and Contracts and Procurement 14.21-0174 Motion authorizing a two-year service agreement in an amount not to exceed $556,827.00 with Austin Traffic Signal Construction Co. Inc. of Round Rock Texas, for the purchase of roadway illumination and traffic signal maintenance services for the Public Works Department, effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of $162,400.00 available from the Streets and General Funds . Page 4 City of Corpus Christi Printed on 3/1/2021 March 2, 2021City Council Meeting Agenda - Final-revised Sponsors:Public Works/Street Department and Contracts and Procurement 15.21-0180 Resolution authorizing a three-year service agreement for mowing and grounds maintenance of Storm Water Group 4 for an estimated amount of $195,510.00 with Dorame General Repair and Lawn, LLC of Corpus Christi, Texas for the Public Works Department, with FY 2021 funding in an amount not to exceed $38,015.00 available through the Storm Water Fund. Sponsors:Public Works/Street Department and Contracts and Procurement 16.21-0182 Resolution authorizing a five-year service agreement with Area Electronics Systems, Inc., dba DataON, in an amount not to exceed $74,010.50 for the purchase of data storage, application servers, and warranty for the Cefe Valenzuela Landfill and J.C. Elliott Collection Center, effective upon issuance of a notice to proceed, with FY 2021 funding available through the General Fund. Sponsors:Information Technology Services, Solid Waste Operations and Contracts and Procurement 17.21-0195 Motion authorizing a three-year service agreement with Alpha Omega Wireless, Inc. of Austin, Texas in an amount of $110,160.00 for maintenance and support of remote communication towers, effective upon issuance of a notice to proceed with FY 2021 funding in the amount of $36,720.00 available in the Information Technology Fund. Sponsors:Information Technology Services and Contracts and Procurement 18.21-0179 Resolution authorizing a five-year service agreement for a renewal with Sprout Social, Inc., in an amount of $76,500.00, for records retention, analytics/reporting, and multi-channel social media management for the Communications Department, with FY2021 funding in an amount of $15,300.00 available through the General Fund. Sponsors:Communications & Intergovernmental Affairs and Contracts and Procurement 19.21-0190 Motion authorizing a three-year supply agreement with Advance Stores Company Inc., dba Advance Auto Parts, in amount not to exceed $1,350,000.00, for the purchase of automotive maintenance parts, for Asset Management Department, Fleet Division, with FY2021 funding in the amount of $300,000.00 available through the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Contracts and Procurement L.RECESS FOR LUNCH M.PUBLIC HEARINGS: N.INDIVIDUAL CONSIDERATION ITEMS: (ITEM 20) Page 5 City of Corpus Christi Printed on 3/1/2021 March 2, 2021City Council Meeting Agenda - Final-revised 20.21-0153 Motion authorizing the purchase of 56 LED internally illuminated street name (ILSN) signs from TRASTAR Inc., of Richardson, Texas in the amount of $73,900.00 for the Public Works Department, with FY 2021 funding available in the Streets Fund. Sponsors:Public Works/Street Department and Contracts and Procurement O.FIRST READING ORDINANCES: (ITEMS 21 - 23) 21.20-0105 Ordinance rejecting the apparent low bid of Burnside Services, Inc. as non-responsive and awarding a construction contract to Clark Pipeline Services, Corpus Christi, Texas, for the reconstruction of Leopard Street from Palm Drive to Nueces Bay Boulevard, located in Council District 1, with new asphalt pavement and utility improvements in an amount of $5,262,457.37 with FY 2021 funding available from Bond 2018, Bond 2016, Storm Water, Wastewater, Gas, and Water Funds. Sponsors:Engineering Services, Public Works/Street Department and Contracts and Procurement 22.21-0181 Ordinance authorizing a four-month service agreement with Lindamood Inc., for an amount not to exceed $212,378.00 for demolition of Aircraft Hangar One at the Corpus Christi International Airport; appropriating funds from the unreserved fund balance of the Airport Capital Reserves; and amending the budget. Sponsors:Asset Management Department, Aviation Department and Contracts and Procurement 23.21-0197 Ordinance appropriating $202,931.55 from the unreserved fund balance in the Airport Operating Fund for the purchase of parking/revenue control systems, pay-on-foot machines, booths, and canopies for Corpus Christi International Airport and amending the budget. Sponsors:Aviation Department P.BRIEFINGS: (ITEM 24) 24.21-0278 Activities of the Port of Corpus Christi Authority as presented by the City appointees to the Port Commission of the Port of Corpus Christi Authority, Nueces County, Texas Q.LEGISLATIVE UPDATE: R.EXECUTIVE SESSION: (ITEMS 25 - 26) 25.21-0277 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to (1) rates, charges, and ordinances related to water, wastewater, and gas and (2) potential legislation related to the Port of Corpus Christi Authority of Nueces County, Page 6 City of Corpus Christi Printed on 3/1/2021 March 2, 2021City Council Meeting Agenda - Final-revised Texas. 26.21-0279 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the potential annexation of areas at or near the intersection of FM 43 and London Pirate road (formerly County Road 33) and the potential creation of special districts covering all or part of said areas, including tax increment financing district(s), tax increment reinvestment zone(s), municipal management district(s), public improvement district(s), and municipal utility district(s) and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including but not limited to, The London Proper, LLC.(This item will not be considered in open session.) S.ADJOURNMENT Page 7 City of Corpus Christi Printed on 3/1/2021 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, February 23, 2021 Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary’s office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su inglés es limitado, habrá un intérprete inglés-español en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. Mayor Paulette M. Guajardo to call the meeting to order.A. Mayor Guajardo called the meeting to order at 11:36 a.m. Invocation to be given by Deacon Michael Mantz, Corpus Christi Cathedral.B. Deacon Michael Mantz, Corpus Christi Cathedral gave the invocation Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Christen Adams, Veterans Memorial High School. C. Christen Adams, high school student at Veterans Memorial High School, led the Pledge of Allegiance to the Flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Page 1City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith Present:9 - PUBLIC COMMENTE. Mayor Guajardo referred to comments from the public. The following citizens submitted written public comments which are attached to the Minutes: Cynthia Juarez, 829 Cardinal Lane; Alan Costello, 3780 Grassmere Dr.; Gabriel Pena, 4914 Lake Medina Dr.; Allen Lizakowski, 14618 Villa Maria Isabel; Pat Sawyer, 3617 Northwest Pkwy.; Karen Smith, 4301 Spring Creek Dr.; Clare Lee, 7046 Hathor Dr.; Robyn Cobb, 7032 Lake View Dr.; Kathleen Morris, 169 La Concha Blvd.; Mark Morris, 169 La Concha Blvd.; Marie Livingston, 162 La Concha Blvd.; Albert Lopez, 162 La Concha Blvd.; Melissa Lopez, 162 La Concha Blvd.; Kenneth Livingston, 162 La Concha Blvd.; Michael Thetford, 162 La Concha Blvd.; Kim Thetford, 162 La Concha Blvd.; Jennifer Cantu, 177 La Concha Blvd.; Rudy Cantu, 177 La Concha Blvd.; Anthony Byrns, 165 La Concha Blvd.; Jen Brown, 802 S. Carancahua St.; and Angela Leach, 5014 Lethaby Dr. The following citizens called in regarding the various topics: in opposition to Item 19, in opposition to Item 20, in opposition to Item 21, low barrier shelter, low income housing, in opposition to trailer parks on Mustang Island, in favor of affordable housing, and North Beach Mott MacDonald Breakwater Study: Marco Gamboa, 210 S. Carancahua St.; Robyn Cobb, 7032 Lake View Dr.; Eli McKay, 1008 Marguerite St.; Carrie Meyer, 4401 Gulfbreeze Blvd.; Carl Badalich, 102 West Palm Beach; Richard Weitzel; Errol Summerlin, 1017 Diomede, Portland, TX; Everett Roy, 14626 Red River Dr.; and James Klein, 3501 Monterrey St. PROCLAMATION/COMMENDATION:F. 1.Commendation for Roy Miller High School Football Team Commendation for Veterans Memorial High School Football Team Mayor Guajardo announced the commendation for Roy Miller High School was postponed. The commendation for Veterans Memorial High School had been presented that morning. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Mayor Guajardo referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) Due to a meeting cancellation caused by the extreme weather, the City Council will meet on March 2. 2) Introduced the new Assistant City Manager Neiman Young. 3) City's preparations and plans for the extreme weather conditions and commended every department who helped out. Page 2City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes In the aftermath of severe weather event, the City is looking into three recovery programs: water utility bill relief; gas bill relief; and solid waste emergency brush pickup. Council Members and City Manager Peter Zanoni discussed the following topics: encouragement of citizens to join social media for quick City updates; the winter quarterly averaging for the 2021 water bill will be substituted by the February 2020 data; and a Council Member's request for a presentation from AEP regarding power outages. GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa. No report was given. This item was discussed in Executive Session. The Council went into Executive Session at 6:15 p.m. The Council returned from Executive Session at 7:28 p.m. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning government actions related to coronavirus. MINUTES:H. 2.Regular Meeting of February 9, 2021 A motion was made by Council Member Hunter, seconded by Council Member Molina that the Minutes be approved. The motion carried by a unanimous vote. BOARD & COMMITTEE APPOINTMENTS:I. 3.Building Standards Board (2 vacancies) Construction Trade Advisory & Appeals Board (4 vacancies) Crime Control and Prevention District (9 vacancies) Library Board (5 vacancies) Senior Corps Advisory Committee (3 vacancies) Sister City Committee (4 vacancies) Watershore and Beach Advisory Committee (4 vacancies) Mayor Guajardo referred to Item 3. Building Standards Board Council Member Molina nominated Joe Ortiz (Home Builder At Large). Council Member Molina made a motion to appoint Joe Ortiz, seconded by Council Member Pusley and passed unanimously. Council Member Molina nominated Catherine Griffin (General Contractor At Large). Council Member Molina made a motion to appoint Catherine Griffin, seconded by Council Member Pusley and passed unanimously. Construction Trade Advisory Board Council Member Hernandez nominated Ron Brister (Land Surveyor). Council Member Hernandez made a motion to appoint Ron Brister, seconded by Page 3City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes Council Member Molina and passed unanimously. Council Member Pusley nominated Jose Jimenez (Electrical Contractor). Council Member Pusley made a motion to appoint Jose Jimenez, seconded by Council Member Molina and passed unanimously. Crime Control and Prevention District Council Member Pusley made a motion to appoint Frank Arriaga Jr., Neely Balko, Curtis Clark, Fred Edler, Sandy Fernandez, David Gonzalez, Jim Kaelin, Rene Saenz and Marshal Tong, seconded by Council Member Hernandez and passed unanimously. Library Board Council Member Molina made a motion to reappoint Ida Hobbs (Regular Member) and Alice Nixon (La Retama Club), seconded by Council Member Lerma and passed unanimously. Council Member Smith made a motion to appoint Sharon Hines (Friends of the Libraries Board), seconded by Council Member Lerma and passed unanimously. Council Member Molina nominated Veronica Towns (Regular Member) and Dora Wilburn (Regular Member). Council Member Pusley made a motion to appoint Veronica Towns and Dora Wilburn, seconded by Council Member Molina and passed unanimously. Senior Corps Advisory Council Member Pusley made a motion to reappoint Stephanie Brown (SCP Volunteer Station At-Large), seconded by Council Member Molina and passed unanimously. Council Member Molina made a motion to reappoint Gary Burger (RSVP Volunteer Station At-Large), seconded by Council Member Hernandez and passed unanimously. Sister City Committee Mayor Guajardo asked that this item be withdrawn. Council Member Hernandez made a motion to table this item, seconded by Council Member Pusley and passed unanimously. Watershore and Beach Advisory Committee Council Member Smith made a motion to reappoint Larisa Ford (Scientist Environmentalist), Terry Palmer (Scientist Environmentalist), Jyoti Patel (Hotel/Condo Owner), and Lauren Hutchinson-Williams (Scientist), seconded by Council Member Molina and passed unanimously. EXPLANATION OF COUNCIL ACTION:J. CONSENT AGENDA: (ITEMS 4 - 15)K. Consent - Second Reading Ordinances Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 11, 12 and 14 be pulled for individual consideration. A motion was made by Council Member Pusley, seconded by Council Member Lerma to approve the Consent Agenda with the exception of Items 11, 12 and Page 4City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes 14. The motion carried by the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 4.Ordinance amending the Unified Development Code amending defined terms, administrative exemptions, design standards, fees, appeals, stays of demolition, zero lot line development, residential development standards, place of worship use, mixed-use overlay district, streetscape zone standards, neighborhood mixed-use development standards, trust fund policy, nonconforming structures, driveway spacing, visibility and mid-block obstructions, development incentives , combine uses, reducing setbacks, increasing allowable accessory dwelling units, signs in commercial districts and adding and removing language to ensure consistency with adopted local, State and Federal codes; and providing for penalty. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032357 5.Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by moving a portion of Wildcat Drive from County Road 52; amending related elements of the Comprehensive Plan of the City; and providing for publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032358 6.Ordinance authorizing the acceptance of a grant from the Texas General Land Office - Community Development Block Grant Disaster Recovery to conduct a voluntary residential home buyout program for five to ten homes located in flood-prone areas throughout the City of Corpus Christi in an amount of $1,319,559.00; and appropriating $1,319,559.00 to the Community Development Block Grant Program Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032359 7.Ordinance recommending a three-month service agreement with DARPRO Commercial Construction, LLC, Corpus Christi, Texas, for an amount not to exceed $62,500.00 for renovation of Fleet Division restroom, effective upon notice to proceed, with FY 2021 funding available through the Fleet Maintenance Service Fund. Page 5City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes This Ordinance was passed on second reading on the consent agenda. Enactment No: 032360 Consent - Contracts and Procurement 8.Motion authorizing a two-year service agreement with Miguel Hernandez Jr., dba Universal Tool and Die, of Corpus Christi, Texas, for a total amount not to exceed $223,900.00, for on-call fabrication, welding, and repair services for the Utilities Department, with FY 2021 funding in the amount of $77,000.00 available in the Wastewater Fund. This Motion was passed on the consent agenda. Enactment No: M2021-029 9.Resolution authorizing a three-year supply agreement with McNeilus Truck and Manufacturing Co. in an amount not to exceed $530,000.00 for the purchase of McNeilus parts for City Solid Waste and Recycling trucks, effective upon issuance of notice to proceed, with FY 2021 funding in an amount of $117,778.00 available in the Fleet Maintenance Service Fund. This Resolution was passed on the consent agenda. Enactment No: 032361 Consent - Capital Projects 10.Motion awarding a professional services contract to LNV, Inc., Corpus Christi, TX, to provide design, bid, and construction services for office space and other building upgrades to the O.N. Stevens Water Treatment Plant Filter Building 1, located in Council District 1, in an amount not to exceed $179,998.00, with FY 2021 funding available from the Water 2020 Capital Improvement Program Fund. This Motion was passed on the consent agenda. Enactment No: M2021-030 11.Motion awarding a professional services contract to Hanson Professional Services, Inc., Corpus Christi, Texas, for design, bid, and construction phase services for the reconstruction of McArdle Road from Carroll Lane to Kostoryz Road, located in Council Districts 2 and 3, in an amount of $544,933.75, with FY 2021 funding available from the Bond 2018 Street Proposition B, Storm Water, Wastewater, and Water Funds. Mayor Guajardo referred to Item 11. Council Members, City Manager Peter Zanoni, Director of Engineering Services Jeff Edmonds and Capital Improvement Program Manager Kamil Taras Page 6City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes discussed the following topics: project funding comes from 2018 bonds and utility revenue bonds; any overages on the design side have to come out from the construction portion; a Council Member's request that the agenda memo include more detailed accounting information. Council Member Pusley made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 8 - Nay:Council Member Hernandez1 - Abstained:0 Enactment No: M2021-031 12.Motion authorizing a design/build contract for the construction of a new Emergency Medical Services (EMS) Central Building with Barcom Construction, Inc. from Corpus Christi, Texas, for an amount not to exceed $448,184, effective upon issuance of a notice to proceed, with funding from FY 2018 Bond Proposition E - Public Safety Improvements. Mayor Guajardo referred to Item 12. Council Members, City Manager Peter Zanoni and Director of Asset Management Charles Mendoza discussed the following topics: the fiscal impact section of the agenda memo does not match up with the Capital Improvement Program budget (CIP); if the City were to completely renovate the building it would cost $4 million; and the fire station is being sold, not given away. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: M2021-032 General Consent Items 13.Resolution authorizing the submission of a grant application in the amount of $140,930.23 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2022 Local Border Security Program Grant. This Resolution was passed on the consent agenda. Page 7City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes Enactment No: 032362 14.Motion authorizing the amended and restated Management Services Agreement between the Corpus Christi Area Convention and Visitors’ Bureau and the City of Corpus Christi, Texas. Mayor Guajardo referred to Item 14. Council Members, City Manager Peter Zanoni and Director of Finance Heather Hurlbert discussed the following topics: the Corpus Christi Area Convention and Visitors' Bureau (CCCVB) became its own entity in the late 1980s; 95% of the CCCVB funding comes from the Hotel Occupancy Tax (HOT) tax, yet the Council only appoints five members of the 17- member board of directors; the Mayor and City Manager also as voting members of the committee; the proposed restructuring of the board would lead to less Council oversight, which runs contrary to recommendations in the 2018 audit; Council Members' request to table this item for additional discussion. Council Member Pusley made a motion to table this item, seconded by Council Member Martinez. This Item was tabled with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 15.Resolution endorsing Mayor Paulette Guajardo to serve on the Texas Municipal League board of directors . This Resolution was passed on the consent agenda. Enactment No: 032363 RECESS FOR LUNCHL. The recess for lunch was held during Executive Session Item 25. PUBLIC HEARINGS: (ITEMS 16 - 17)M. 16.Zoning Case No. 0121-02, Braselton Development Company, Ltd.: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-4.5” Single Family 4.5 District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 16. Director of Development Services Al Raymond presented information on the following topics: aerial overview; adjacent development and zoning pattern; public notification; and planning commission and staff recommend approval. Mayor Guajardo opened the public hearing. Page 8City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes There were no written comments from the public. Mayor Guajardo closed the public hearing. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Martinez. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 17.Zoning Case No. 0121-03, Bassam Salman: (District 4) Ordinance rezoning property at or near 725 Glenoak Drive from the “RM-1” Multifamily 1 District to the “RS-4.5” Single Family 4.5 District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 17. Director of Development Services Al Raymond presented information on the following topics: aerial overview; adjacent development and zoning pattern; public notification; and planning commission and staff recommend approval. Mayor Guajardo opened the public hearing. There were no written comments from the public. Mayor Guajardo closed the public hearing. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 18 - 19)N. 18.Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Avanti at Heritage Park to be developed by Avanti Heritage Park, LP. Resolution of the City Council of the City of Corpus Christi, Texas having no objection to the proposed 9% Housing Tax Credit for an affordable housing project known as Avanti at Heritage Park to be developed by Page 9City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes Avanti Heritage Park, LP. Mayor Guajardo referred to Item 18. Homeless Services and Workforce Housing Manager Jennifer Buxton presented information on Items 18 and 19 as follows: low income housing tax credit; resolutions of support; Avanti at Heritage Park sample elevation from Medwest in San Antonio; Avanti at Heritage Park observations; Palms at Blucher Park; Palms at Blucher Park observations; and Texas Department of Housing and Community Affairs (TDHCA) application scoring. Council Members, Housing Manager Buxton and City Manager Peter Zanoni discussed the following topics: both profit and non-profit projects are taxed equally; the City is exempt from 50% of the property tax; a perception that many developers believe staff and Council are biased towards Prospera; there was public opposition to the Blucher Park project because it is a birding site; a few Council Members are not in support of Avanti Heritage Park project because it is in the entertainment district; and there is a mix of affordable and high-end housing in the San Antonio area. Council Member Hernandez made a motion to approve the resolution of support as presented by staff, seconded by Council Member Lerma. This Resolution failed with the following vote: Mayor Guajardo, Council Member Hernandez and Council Member Lerma-voting yes; Council Member Barrera, Council Member Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith-voting no. Council Member Barrera made a motion to approve a resolution of no objection, seconded by Council Member Pusley. This Resolution was passed as substitute and approved with the following vote: Aye:Council Member Barrera, Council Member Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 6 - Nay:Mayor Guajardo, Council Member Hernandez and Council Member Lerma3 - Abstained:0 Enactment No: 032366 19.Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Palms at Blucher Park to be developed by TG 110 Palms at Blucher Park, LP. See Item 18 for more discussion. A Council Member and Developer of TG 110 Palms at Blucher Park, LP Ray Lucas discussed the following topics: the developer will work with the Audubon Society and partner with other organizations to maintain Blucher Park. Page 10City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes Council Member Pusley made a motion to approve this resolution, seconded by Council Member Molina. This Resolution was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 7 - Nay:Council Member Hernandez and Council Member Lerma2 - Abstained:0 Enactment No: 032364 FIRST READING ORDINANCES: (ITEMS 20 - 23)O. 20.Zoning Case No. 1020-01, Tex-Isle, LLC.: (District1). Ordinance rezoning property at or near 1401 North Alameda Street from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District. Planning Commission and Staff recommend Denial.(3/4 vote required due to Planning Commission's recommendation of denial) Mayor Guajardo referred to Item 20. Director of Development Services Al Raymond presented information on the following topics: aerial overview; neighborhood amenities; adjacent development and zoning; Washington-Coles neighborhood; public notification; planning commission and staff recommend denial; and special permit conditions. Council Members, Director Raymond, City Manager Peter Zanoni and representative for Tex-Isle, LLC George Clower discussed the following topics: clarification regarding special permit conditions for hours of operation and nuisance; in response to a question about off-hour deliveries, the applicant said it depended when the ships come in; applicant's request to remove the following language from condition number 8 of the special permit: "access to Sam Rankin Street and North Alameda Street shall be exit only and shall be channelized by means of physical delineators to prevent truck traffic from turning south"; a Council Member's concern that light industrial zoning being developed in an area identified for residential redevelopment in the downtown area development plan; if the developer violates a condition of the special permit they would have to come into compliance or they could be issued a fine; the roads in this area are in poor condition and it could be six years before any improvements are made to Broadway Street; a Council Member's request to place a "no heavy truck zone" sign in the area; and special permit allows for use of property now, but gives Council the option not to renew the permit when it expires if development patterns change. Council Member Pusley made a motion to approve the ordinance with a special permit amending condition number 8 by striking the last sentence, including requested signage in the area, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Page 11City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes Aye:Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 7 - Nay:Mayor Guajardo and Council Member Lerma2 - Abstained:0 21.Zoning Case No. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust: (District 4) Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. (Planning Commission and Staff recommend approval) (3/4 vote will be required due to opposition by surrounding property owners) Mayor Guajardo referred to Item 21. Director of Development Services Al Raymond stated that the purpose of this item is to allow for the construction of a luxury RV resort. Director Raymond presented information on the following topics: aerial overview; adjacent development and zoning pattern; public notification; proposed site plan, conceptual rendering of RV space; planning commission and staff recommend approval; and special permit conditions. Council Members, Director Raymond, Phoenix del Mar Development Developers Michael Congdon and Ashleigh Fuller discussed the following topics: 11 letters of support have been submitted for this project; there will be an estimated 122 RV slots; multiple consultants will be brought in to help with marketing the RV resort; and a Council Member's concern with the platting stage. Council Member Smith made a motion to approve the ordinance with a special permit with alteration to include a 7 foot screening fence on both southern and northern boundaries, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 22.Ordinance abandoning, vacating, and closing a 1.200-acre (52,272 square-feet) tract of an improved portion of public right-of-way identified as Butler Road, between Violet Road and Cliff Crenshaw Street, and requiring the petitioner, Annaville Baptist Church, to comply with specified conditions. This Ordinance was withdrawn. 23.Ordinance amending the City’s Consolidated Annual Action Plan (CAAP) Page 12City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes of entitlement funding from HUD for FY 2019-2020; accepting and appropriating $2,275,155.00 from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG-CV) and $1,864,176.00 for the Emergency Solutions Grant (ESG-CV) funding in FY 2019-2020; authorizing the execution of all documents necessary to accept, appropriate, and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the additional CDBG-CV and ESG-CV funding from HUD with organizations for approved projects. Mayor Guajardo referred to Item 23. A Council Member and Homeless Services and Workforce Housing Manager Jennifer Buxton discussed the following topics: this amendment accepts and appropriates the final allocation related to CARES Act funding from HUD; and this amendment also will identify projects that will allow the City to continue preventing, preparing for, and responding to COVID-19. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Martinez. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 BRIEFINGS:P. LEGISLATIVE UPDATE:Q. Mayor Guajardo referred to the Legislative Update. Director of Intergovernmental Relations Tammy Embrey presented information on the following topics: an update on the winter weather event; the governor is investigating what happened with ERCOT; the governor has concentrated on electricity bill relief; and Congress is working on the latest version of COVID relief. A Council Member and Director Embrey discussed the following topics: Senator Hinojosa is looking into what legal aspects and legal options there are to take against ERCOT. APPEAL OF A DECISION OF THE BUILDING STANDARDS BOARD : (ITEM 24)R. 24.Consideration of an appeal filed by Mr. Samer Hamed of the Building Standards Board's Decision to require demolition of the substandard structure on property located at 626 Glazebrook Street in City Council District 2. Page 13City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes Mayor Guajardo referred to Item 24. Mayor Guajardo stated that the purpose of today's appeal is for City Council's consideration of an appeal filed by Mr. Samer Hamed of the Building Standards Board's Decision to require demolition of the substandard structure on property located at 626 Glazebrook Street in City Council District 2. a. Code Compliance Officer Diana T. Garza presented the statement of facts. The Board ordered that the structure be demolished by the owner within 30 days. b. Appellant's Oral Presentation of Written Notice of Appeal. Mr. Samer Hamed, the appellant, stated that: he purchased this property when it had severe fire damage; he had financial issues prior to COVID-19 and then more financial hardship during COVID-19; he is requesting more time to finish out the property because he has invested over $40,000 already; and his business is Coast to Coast Construction. Council Members, Mr. Hamed, Code Compliance Officer Garza and Assistant City Attorney Yvette Aguilar discussed the following topics: a Council Member is in favor of letting Mr. Hamed complete this project; Mr. Hamed will need about six weeks to dry-in this property; the property was purchased in April of 2018; the work began on this property without a permit in November of 2019; and Mr. Hamed said he can complete this project in four months. c. Public Hearing. Assistant City Attorney for Code Enforcement Yvette Aguilar presented the following information: the Board is authorized to give 60 days if the work could not be completed in 30 days; Mr. Hamed failed to provide the documentation required in order to get more time to repair the building; Mr. Hamed failed to comply with the deadlines that the Board gave him prior to the pandemic; relevant laws; application of facts/information to relevant laws: error; manifest injustice; and final action. d. City Staff Response. Staff asks that the Council uphold the Board's order to demolish this project; a criminal case was filed in Municipal Court for litter and solid waste on this property in August of 2019; and the history shows that Mr. Hamed has a disregard for the law. e. Council Action. Council Members, Assistant City Attorney Aguilar and Assitant Police Chief David Blackmon discussed the following topics: the timeline of permits that were issued and the work that was started; the reason given for the work not completed was due to the pandemic; the downside to giving Mr. Hamed additional time to complete this project is the proximity of the property to Ray High School which has caused issues with vagrants and other criminal activity, along with encouraging people not to comply with laws; the building is unsecured and contains drug paraphernalia; and Mr. Hamed has not alleged or shown any error or undue hardship. There were no comments from the public. Council Member Barrera made a motion to approve the resolution to deny the appeal, seconded by Council Member Molina. This Resolution was passed and approved with the following vote: Page 14City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Molina, Council Member Pusley and Council Member Smith 8 - Nay:Council Member Martinez1 - Abstained:0 Enactment No: 032365 EXECUTIVE SESSION: ITEMS 25 - 26)S. Mayor Guajardo referred to Executive Session Item 25. The Council went into Executive Session at 1:28 p.m. The Council returned from Executive Session at 3:06 p.m. Mayor Guajardo referred to Executive Session Item 26. The Council went into Executive Session at 6:15 p.m. The Council returned from Executive Session at 7:28 p.m. 25.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation including, but not limited to, the case of Graham Construction Services, Inc. v. City of Corpus Christi, Xylem Water Solutions and Atlas Copco Compressors v. Carollo Engineers, PC, Travelers Casualty and Surety Company, Control Panels USA, Inc. and Fluid Components International LLC, including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. The Council considered the following motion: Motion to authorize the execution of amendments, agreements and encumbrance of funds for legal, engineering, and other professional consulting and expert witness services and associated court reporter, copy, travel, data, and other costs for the lawsuit of Graham Construction Services, Inc. v. City of Corpus Christi, Xylem Water Solutions and Atlas Copco Compressors v. Carollo Engineers, PC, Travelers Casualty and Surety Company, Control Panels USA, Inc. and Fluid Components International LLC in a total added amount not to exceed $2,146,400 with the law firms of Kilpatrick Townsend & Stockton, LLP, Hartline Barger, LLP, and the consulting/engineering/expert firms of Ankura Consulting Group, Enprotec, WJE and FTI and authorize carry-over of unexpended funds into the following fiscal years. Council Member Martinez made a motion to approve the motion, seconded by Council Member Pusley. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Page 15City of Corpus Christi Printed on 2/26/2021 February 23, 2021City Council Meeting Minutes Enactment No: M2021-033 26.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues and litigation in the case of City of Ingleside, Texas v. City of Corpus Christi, Texas and other lawsuits and potential lawsuits, including potential consideration of additional funding for the defense of the aforementioned lawsuit. The Council considered the following motion: Motion to authorize the City Manager or his designees to execute an amendment to the Professional Services Agreement with Chaves Obregon & Perales LLP to provide for up to $85,000 additional funds for representation in the lawsuit of City of Ingleside v. City of Corpus Christi, including appeals of any rulings therein. Council Member Martinez made a motion to approve the motion, seconded by Council Member Lerma. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: M2021-034 ADJOURNMENTT. This meeting was adjourned at 7:28 p.m. Page 16City of Corpus Christi Printed on 2/26/2021 DATE: January 24, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361)826-3575 CAPTION: Zoning Case No. 0121-02, Braselton Development Company, Ltd.: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District. SUMMARY: The purpose of the zoning request is to allow for the construction of a single-family residential subdivision. BACKGROUND AND FINDINGS: The subject property is 58.95 acres in size. The subject property is currently zoned “FR” Farm Rural District and has remained undeveloped since annexation 1995. The proposed rezoning will allow the continued development of the Rancho Vista Subdivision by approximately 200 single- family homes. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC) and does not have a negative impact upon the adjacent properties. Access to the subject property currently occurs though Rancho Vista Boulevard and Fred’s Folly Drive. The eventual extensions of South Oso Parkway and Rodd Field Road will provide additional points of access. City Council approved as part of Bond 2020, $1.9 Million for designing the reconstruction of Yorktown Boulevard from Rodd Field Road to Oso Creek. Public Input Process Number of Notices Mailed 12 within 200-foot notification area 4 outside notification area Rezoning a property at or near 7601 Yorktown Boulevard AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/23/21 Second Reading Ordinance for the City Council Meeting 03/02/21 As of December 28, 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 “RS-4.5” Single-Family 4.5 District on January 6, 2021. ALTERNATIVES: 1. Denial of the change of zoning from the “FR” Farm Rural District to the “RS-4.5” Single- Family 4.5 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 “RS-4.5” Single-Family 4.5 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 Case No. 0121-02, Braselton Development Company, Ltd.: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 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 58.95 Acre Zoning Tract, out of Lots 3, 4, 5, 12, 13, 14, 15, and 16, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, being all of a 24.14 Acre Tract as described in a Special Warranty Deed with Vendor's Lien from Gulfway Shopping Center to Braselton Development Company, Ltd., recorded in Document No. 2020039533, and compromising portions of a 94.32 Acre Tract as described in a Special Warranty Deed with Vendor's Lien from Related Investors, Ltd. to Braselton Development Company, Ltd., recorded in Document No. 2020039538, Official Public Records of Nueces County, Texas, and a portion of a 9.18 Acre Tract as described in Special Warranty Deed from Gulfway Shopping Center to Braselton Development Company, Ltd., recorded in Document No. 2020039532, as shown in Exhibit “A”: from the “FR” Farm Rural District to the “RS-4.5” Single Family 4.5 District The subject property is located at or near 7601 Yorktown Boulevard. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. Page 2 of 7 SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 4 of 7 Exhibit A Page 5 of 7 Page 6 of 7 Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 0121-02 INFOR No. 20ZN1030 Planning Commission Hearing Date: January 6, 2021 Applicant & Legal Description Owner: Braselton Development Company, Ltd. Applicant: Urban Engineering Location Address: Portion of 7601 Yorktown Boulevard Legal Description: Described as a 58.95 Acre Zoning Tract, out of Lots 3, 4, 5, 12, 13, 14, 15, and 16, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, being all of a 24.14 Acre Tract as described in a Special Warranty Deed with Vendor's Lien from Gulfway Shopping Center to Braselton Development Company, Ltd., recorded in Document No. 2020039533, and compromising portions of a 94.32 Acre Tract as described in a Special Warranty Deed with Vendor's Lien from Related Investors, Ltd. to Braselton Development Company, Ltd., recorded in Document No. 2020039538, Official Public Records of Nueces County, Texas, and a portion of a 9.18 Acre Tract as described in Special Warranty Deed from Gulfway Shopping Center to Braselton Development Company, Ltd., recorded in Document No. 2020039532, located south of Todd Hunter Drive, east of Rodd Field Road, west of Starry Road, and north of Oso Creek. Zoning Request From: “FR” Farm Rural District To: “RS-4.5” Single-Family 4.5 District Area: 58.95 Acres Purpose of Request: The proposed use will be a single-family residential subdivision and serve as an extension of the existing Rancho Vista Subdivision. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “FR” Farm Rural District Agriculture Medium Density Residential North “FR” Farm Rural District Vacant Medium Density Residential South “RS-4.5” Single-Family 4.5 District Conservation/ Preservation Flood Plain Conservation East “RS-4.5” Single-Family 4.5 District and “FR” Farm Rural District Agriculture and Park Medium Density Residential and Flood Plain Conservation West “RS-4.5” Single-Family Residential Vacant Medium Density Residential Staff Report Page 2 ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Future Land Use Map. Map No.: 042029 and 043029 City Council District: 5 Zoning Violations: None Transportation Transportation and Circulation: The subject property will have eventual access to Rodd Field Road, which is an “A3” Primary Arterial Street. According to the Urban Transportation Plan, “A3” Primary Arterial Streets can convey a capacity of 30,000- 48,000 trips per day. Currently the property is landlocked, but with future expansion of the Rancho Vista Subdivision will have access to internal local streets. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Stampede Drive Collector 60’ ROW 40’ paved 60’ ROW 36’ paved Not Available Rodd Field Road “A3” Primary Arterial 130’ ROW 79’ paved None Not Available Oso Parkway (proposed) “P1” Parkway Collector 80’ ROW 40’ paved None Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “FR” Farm Rural District to the “RS-4.5” Single-Family District. Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District, consists of vacant property, and has remined undeveloped since annexation in 1995. To the north is a vacant property zoned “FR” Farm Rural. Further to the north is a single- family residential subdivision (Rancho Vista) that is zoned “RS-4.5” Single Family Residential. To the south is Oso Creek, which is zoned “FR” Farm Rural District. To the east is vacant property zoned “RS-4.5” Single-Family 4.5 District. To the west is vacant land, zoned “FR” Farm Rural District, and the planned street extension of Rodd Field Road according to the Urban Transportation Plan (UTP). AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch Ductile Iron to the north. Wastewater: 8-inch PVC line to the north. Staff Report Page 3 Gas: None. Storm Water: No storm water pipe adjacent to the subject property. Storm Basin is the Oso Creek basin. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Southside Area Development Plan. The proposed rezoning is consistent with the following policies of the Comprehensive Plan (Plan CC): • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and the Southside Area Development Plan. The proposed rezoning is also compatible with the future land use and does not have a negative impact upon the adjacent properties. • The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. Planning Commission and Staff Recommendation (January 6, 2021): Approval of the change of zoning from the “FR” Farm Rural District to the “RS-4.5” Single- Family 4.5 District. Public Notification Number of Notices Mailed – 12 within 200-foot notification area 4 outside notification area As of December 28, 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. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) Staff Report Page 4 B. Public Comments Received (if any) Staff Report Page 5 Braselton Development Company, Ltd. Rezoning for a Property at 7601 Yorktown Boulevard From “FR” To “RS-4.5” N City Council February 23, 2021 Zoning Case #0121-02 2 Aerial Overview N 3 Adjacent Development and Zoning Pattern N 4 Public Notification 12 Notices mailed inside 200’ buffer 4 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition N 5 Planning Commission and Staff Recommendation Approval of the “RS-4.5” Single-Family 4.5 District DATE: January 24, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361)826-3575 CAPTION: Zoning Case No. 0121-03, Bassam Salman: (District 4) Ordinance rezoning property at or near 725 Glenoak Drive from the “RM-1” Multifamily 1 District to the “RS-4.5” Single Family 4.5 District. SUMMARY: The proposed use will be a development consisting of 21 single-family residential homes. BACKGROUND AND FINDINGS: The subject property is 4.70 acres in size. The subject property is currently zoned “RM-1” Multifamily 1 District, consists of vacant property, and has remined undeveloped since annexation in 1961. The proposed rezoning will allow for the construction of 21 single-family homes. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the future land use, and does not have a negative impact upon the adjacent properties. The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. The proposed development is 2.33 Acres and proposes 21 single family homes, with a density of 9.01 units per acres meets the definition of medium-density residential. Public Input Process Number of Notices Mailed 52 within 200-foot notification area 1 outside notification area As of December 28, 2020: In Favor 0 inside notification area In Opposition 0 inside notification area Rezoning a property at or near 725 Glenoak Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/23/21 Second Reading Ordinance for the City Council Meeting 03/02/21 0 outside 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 “RM-1” Multifamily 1 District to the “RS-4.5” Single-Family 4.5 District on January 6, 2021. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-1” Multifamily 1 District to the “RS-4.5” Single- Family 4.5 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 “RM-1” Multifamily 1 District to the “RS-4.5” Single-Family 4.5 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 Case No. 0121-03, Bassam Salman: (District 4) Ordinance rezoning property at or near 725 Glenoak Drive from the “RM-1” Multifamily 1 District to the “RS-4.5” Single Family 4.5 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 a 4.700 Acre Tract of Land, being out of Lots 6 and 7, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 4.700 Acre Tract, being a portion of a 1.358 Acre Tract (called 1.406 Acres) described as Correction Drainage Easement from Jon Held to The City of Corpus Christi, Texas, recorded in Volume 1750, Page 281, Deed Records of Nueces County, Texas, a 0.1228 Acre Tract (called 0.123Acres) described as Right-of-Way Easement from Beverly Held to the City of Corpus Christi, recorded in Document No 12007036434, Official Public Records of Nueces County, Texas, and also being a portion of a 0.1377 Acre Tract (called 0.1417 Acres) described as a Right- of- Way Easement from Beverly Held, Executrix for Jon Held Homes to the City of Corpus Christi, recorded in Volume 2087, Page 1, of the said Deed Records, recorded in Document No. 2020039532, as shown in Exhibit “A”: from the “RM-1” Multifamily 1 District to the “RS-4.5” Single Family 4.5 District The subject property is located at or near 725 Glenoak Drive. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. Page 2 of 7 SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 4 of 7 Page 5 of 7 Page 6 of 7 Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 0121-03 INFOR No. 21N1002 Planning Commission Hearing Date: January 6, 2021 Applicant & Legal Description Owner: Bassam Salman Applicant: Bassam Salman Location Address: 725 Glenoak Drive Legal Description: Described as a 4.700 Acre Tract of Land, being out of Lots 6 and 7, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 4.700 Acre Tract, being a portion of a 1.358 Acre Tract (called 1.406 Acres) described as Correction Drainage Easement from Jon Held to The City of Corpus Christi, Texas, recorded in Volume 1750, Page 281, Deed Records of Nueces County, Texas, a 0.1228 Acre Tract (called 0.123Acres) described as Right- of-Way Easement from Beverly Held to the City of Corpus Christi, recorded in Document No 12007036434, Official Public Records of Nueces County, Texas, and also being a portion of a 0.1377 Acre Tract (called 0.1417 Acres) described as a Right- of- Way Easement from Beverly Held, Executrix for Jon Held Homes to the City of Corpus Christi, recorded in Volume 2087, Page 1, of the said Deed Records, located along the south side of Glenoak Drive, west side of Held Drive, and east of Flour Bluff Road, and north of Caribbean Drive. Zoning Request From: “RM-1” Multifamily 1 District To: “RS-4.5” Single Family 4.5 District Area: 4.700 Acres Purpose of Request: The proposed use will be a development consisting of 21 single-family residential homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-1” Multifamily 1 District Vacant Medium Density Residential North “RS-6” Single-Family 6 District Low Density Residential Medium Density Residential South “RS-4.5” Single-Family 4.5 District Low Density Residential Medium Density Residential East “RM-1” Multifamily 1 District and “RS-6” Single-Family 6 District Medium Density Residential and Low Density Residential Low-Density Residential West “RS-4.5” Single-Family 4.5 District Low Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Future Land Use Map. Map No.: 036029 City Council District: 4 Zoning Violations: None Staff Report Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-1” Multifamily 1 District to the “RS-4.5” Single Family 4.5 District to allow for the construction of 21 single- family homes. Development Plan: The subject property is 2.388 acres. The proposed development of 21 single-family homes will have access to Glen Oak Drive and Held Drive. Existing Land Uses & Zoning: The subject property is currently zoned “RM-1” Multifamily 1 District, consists of vacant property, and has remined undeveloped since annexation in 1961. To the north across Glenoak Drive is single-family residential subdivision (South Sea Island #2) zoned “RS-6” Single-Family 6 District. To the south and west is a single-family residential subdivision (Highland Oaks Unit 3) zoned “RS-4.5” Single-Family 4.5 District. To the east is a multifamily residential development (Glenoak Apartments) zoned “RM-1” Multifamily 1 District and “CN-1” Neighborhood Commercial District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch ACP line at the corner of Glenoak Drive and Held Drive to the Northeast. Wastewater: 10-inch VCP line along Glenoak Drive to the north. Gas: 4-inch PE gas line located along Held Drive to the south. Storm Water: 48-inch line along Glenoak Drive to the north. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Southside Area Development Plan. The proposed rezoning is Transportation Transportation and Circulation: The subject property has approximately 550 feet of street frontage along Glenoak Drive which is designated as a “C1” Minor Collector Street. According to the Urban Transportation Plan, “C1” Minor Collector Streets can convey a capacity of 1,000–3,000 trips per day. The subject property also has approximately 77 feet of street frontage along Held Drive which is a local residential street. According to the Urban Transportation Plan, Local / Residential Streets, can convey a capacity of up to 500 average daily trips. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Glenoak Drive “C1” Minor Collector 60’ ROW 40’ paved 60’ ROW 20’ paved 6,522 (2015) Held Drive Local / Residential 50’ ROW 28’ paved 40’ ROW 36’ ROW No Data Staff Report Page 3 consistent with the following policies of the Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is also compatible with the future land use and does not have a negative impact upon the adjacent properties. • The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. The proposed development is 2.33 Acres and proposes 21 single family homes, with a density of 9.01 units per acres meets the definition of medium-density residential. Planning Commission and Staff Recommendation (January 6, 2021): Approval of the change of zoning from the “RM-1” Multifamily 1 District to the “RS-4.5” Single-Family 4.5 District. Public Notification Number of Notices Mailed – 52 within 200-foot notification area 1 outside notification area As of December 28, 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. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 Bassam Salman Rezoning for a Properties at 725 Glenoak Drive From “RM-1” to “RS-4.5” Zoning Case #0121-03 City Council February 23, 2021 2 Aerial Overview N 3 Adjacent Development and Zoning Pattern 4 Public Notification 52 Notices mailed inside 200’ buffer 1 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 N Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition 5 Planning Commission and Staff Recommendation Approval of the change of zoning to the “RS-4.5” Single-Family 4.5 District DATE: December 30, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361)826-3575 CAPTION: Zoning Case No. 1020-01, Tex-Isle, LLC.: (District1). Ordinance rezoning property at or near 1401 North Alameda Street from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a laydown yard. On February 9th, the City Council conducted a public hearing and voted to table the rezoning case and direct ed staff to draft language for a potential Special Permit. BACKGROUND AND FINDINGS: The subject property is 4.23 acres in size and was zoned “RM-1” Multifamily 1 District in the early 1970s. Northside Manor, originally located on the subject property, was demolished in 2016. The subject property was part of the original founding of the City in 1852. On the same block as the subject property is an existing single-family residence that is currently occupied. To the north across West Broadway Street is the Union Pacific Rail line and a City Wastewater Treatment Plant (Broadway). The Downtown Area Development Plan, newly codified in 2018, states that this area may provide possibilities for new workforce housing in a band of development near Staples Street, if/once the proposed Staples Street expansion is completed. Conformity to City Policy The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC) and is incompatible with neighboring properties and with the general character of the surrounding area. The proposed “IL” Light Industrial District constitutes a dramatic increase in the intensity of land uses that is surrounded by multifamily zoning districts. The only industrially zoned properties in the Washington-Coles neighborhood are located north of the subject property and across West Broadway Street. Rezoning a property at or near 1401 North Alameda Street AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 01/26/21 Second Reading Ordinance for the City Council Meeting 03/02/21 Public Input Process Number of Notices Mailed 52 within 200-foot notification area 6 outside notification area As of December 30, 2020: In Favor 6 inside notification area 0 outside notification area In Opposition 14 inside notification area 0 outside notification area Totaling 13.523% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended denial of the change of zoning from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District on October 12, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request. Vote Count: For: 0 Opposed: 7 Absent: 2 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1020-01, Tex-Isle, Inc.: (District 1) Ordinance rezoning property at or near 1014 North Alameda Street from the “RM-1” Multifamily 1 District to the “RM-1/SP” Multifamily 1 District with a Special Permit (SP) with conditions. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 4.1573 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1/4 C, Colonia Mexicana, as shown in Exhibits “A” and “B from the “RM-1” Multifamily 1 District to the “RM-1/SP” Multifamily 1 District with a Special Permit (SP) with conditions. The subject property is located at or near 1014 North Alameda Street. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only principal use authorized by this Special Permit other than uses permitted by right in the base zoning district is a “Truck or transfer terminal” as described in Section 5.1.5.B. “Warehouse and Freight Movement” of the Unified Page 2 of 7 Development Code (UDC). The only accessory uses allowed are an associated office and an outdoor storage yard. Storage of hazardous materials is prohibited. 2. Hours of Operation: The hours of operation will occur daily within the hours of 6:00 AM to 8:00 PM except off-hour deliveries of cargo. 3. Buffer Yard: A Type D Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential uses not owned by the applicant. 4. Dumpsters: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Nuisance: The use is prohibited from creating any hazard or nuisance such as, noise, smoke, vibration, dust, and/or odors. 6. Dust: Any dust generated by the operation of the outdoor storage use must be mitigated. Examples of mitigation are by application of a hardscape, by watering, or by use of a soil stabilizer/epoxy. 7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 8. Access: No commercial truck traffic south of Chipito Street. Driveway access to or from Chipito Street is prohibited. 9. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 10. Landscaping: Landscaping shall be installed in accordance with the requirements of Section 7.3.11.A of the Unified Development Code (UDC). 11. Screening: The subject property must completely screened by a screening fence as defined in Section 1.11 of the UDC from view of the public right-of-way and adjacent non-industrial uses. 12. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 13. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit Page 3 of 7 to expire. The Special Permit shall expire in five (5) years unless a time extension is approved by the City Council. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 4 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 5 of 7 Page 6 of 7 Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 1020-01 INFOR No. 20ZN1024 Planning Commission Hearing Date: October 14, 2020 Applicant & Legal Description Owner: Tex-Isle, Inc. Applicant: The Clower Company Location Address: 1401 North Alameda Street Legal Description: 4.1573 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1/4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. Zoning Request From: “RM-1” Multifamily 1 District To: “IL” Light Industrial District Area: 4.23 acres Purpose of Request: To allow for the construction of a laydown yard on the full property. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-1” Multifamily 1 Vacant High Density Residential North “IH” Heavy Industrial Heavy Industrial and Public/Semi-Public Commercial and Light Industrial South “RM-1” Multifamily 1 and “CI” Intensive Commercial Commercial and Vacant High Density Residential East “RM-1” Multifamily 1, “RM-2” Multifamily 2 and “CI” Intensive Commercial Vacant and Low Density Residential High Density Residential West “RM-1” Multifamily 1, “RM-AT” Multifamily AT and “CN-1” Neighborhood Commercial Vacant High Density Residential and Permanent Open Space ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for high density residential uses. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). Map No.: 046045 City Council District: 1 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 280 feet of frontage along W Broadway Street, which is designated as a “C1” Minor Collector Street, approximately 583 feet of frontage along Sam Rankin Street, which is designated as a Local / Residential Street, approximately 583 feet of frontage along North Alameda Street, which is designated as a Local / Residential Street, and approximately 280 feet of frontage along Chipito Street, which is designated as a Local / Residential Street. According to the Urban Transportation Plan, “C1” Minor Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume North Alameda Street Local/Residential 50’ ROW 28’ Paved 60’ ROW 40’ Paved N/A West Broadway Street “C1” Minor Collector 60’ ROW 40’ Paved 60’ ROW 40’ Paved N/A Sam Rankin Street Local/Residential 50’ ROW 28’ Paved 60’ ROW 40’ Paved N/A Chipito Street Local/Residential 50’ ROW 28’ Paved 40’ ROW 30’ Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-1” Multifamily 1 District to the “IL” Light Industrial District to allow for the construction of a laydown yard. Development Plan: The subject property is 4.23 acres in size. The owner is proposing the construction of a laydown yard on the full property. Existing Land Uses & Zoning: The subject property is currently zoned “RM-1” Multifamily 1 District and consists of vacant land which was formerly a multifamily apartment complex. The subject property was zoned “RM-1” Multifamily 1 District in the early 1970s. The former apartment complex (Northside Manor) was demolished in 2016. The subject property was part of the original founding of the City in 1852. On the same block as the subject property is an existing single-family residence that is currently occupied. To the north across West Broadway Street is the Union Pacific Rail line and a City Wastewater Treatment Plant (Broadway). To the south are single-family homes zoned “RM-1” Multifamily 1 District and “CI” Intensive Commercial District. To the east is a single-family residence zoned “RM-1” Multifamily 1 District. Across North Alameda Street are vacant properties and an abandoned single-family home and commercial building zoned “RM-1” Multifamily 1 District, “RM-2” Multifamily 2 District, and “CI” Intensive Commercial District. To the west are vacant tracts zoned “RM-1” Multifamily 1, “RM-AT” Multifamily AT, and “CN-1” Neighborhood Commercial. Staff Report Page 3 AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch ACP line located along Sam Rankin Street, a 6-inch ACP line along Chipito Street, a 6-inch ACP line along North Alameda Street, and an 8- inch CIP line along West Broadway Street. Wastewater: 6-inch VCP line located along Sam Rankin Street, a 6-inch VCP line along Chipito Street, a 6-inch VCP line along North Alameda Street, and an 21-inch VCP line along West Broadway Street. Gas: 2-inch line located along Sam Rankin Street, a 2-inch line along Chipito Street, a 1-inch line along North Alameda Street, and a 2-inch line along West Broadway Street. Storm Water: 24-inch line located along Sam Rankin Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). Specifically, the rezoning is inconsistent with the following policies: • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. (Housing and Neighborhoods Policy Statement 7) • Support preservation and reuse of historically significant buildings, areas, and sites. (Housing and Neighborhoods Policy Statement 7) • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Promote residential and mixed-use development downtown. (Future Land Use, Zoning, and Urban Design Policy Statement 2) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Promote interconnected neighborhoods with appropriate transitions between lower- intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • The former Northside Manor property has been closed following relocation of its affordable housing units to the Palms at Leopard, and the property is up for sale. Depending on the purchaser, this too might provide possibilities for new workforce Staff Report Page 4 housing in a band of development near Staples Street. (Downtown Area Development Plan: Washington-Coles) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is incompatible with neighboring properties and with the general character of the surrounding area. The proposed “IL” Light Industrial District constitutes a dramatic increase in the intensity of land uses that is surrounded multifamily zoning districts. The only industrially zoned properties in the Washington- Coles neighborhood are located north of the subject property and across West Broadway Street. The uses are comprised of the Broadway Wastewater Treatment Plant, Union Pacific Railroad, and Concrete Street Amphitheater. • This proposed rezoning does have a negative impact upon the surrounding neighborhood. An increase in density next to multifamily zoned properties and existing single-family homes to the east and south will potentially subject additional residential homes to hazards such as: noise, smoke, vibration, dust, and odors. At the time of application no additional information has been provided concerning the types of materials to be stored, hours of operation, or levels of potential noise. • Granting this rezoning to the “IL” Light Industrial District encourages future rezoning cases. The Downtown Area Development Plan (ADP) and Future Land Use Map clearly identify the Washington-Coles neighborhood for residential and small commercial redevelopment. Additionally, the subject property is located to the east and outside of the buyout area affiliated with the new Harbor Bridge project. • The subject property is isolated with no possible connectivity for heaver truck traffic. West Broadway Street as a “C1” Minor Collector Street is the only street connecting North Port Avenue and State Highway 181 to the subject property. The proposed change of zoning would encourage cut-through heavy truck traffic down Sam Rankin Street or North Alameda Street. Both of these streets are designated as local / residential streets and were not designed to handle the heavy weight of semi-trucks plus the additional weight of the cargo being transported to and from the subject property. Further taking into account the new Harbor Bridge project that will only further encourage truck traffic to route south through either Sam Rankin Street or North Alameda Street to reach the Interstate 37 frontage road. • Lastly, as mentioned earlier in this report, there are two properties within the block of the subject property that are not part of this proposed rezoning. These properties would remain zoned “RM-1” Multifamily 1 District. One of these remaining properties is an occupied single-family home. Meaning, if the change of zoning were to occur, these properties would be surrounded by the industrial use and exposed to all of the aforementioned hazards of lights, dust, smoke, vibrations, odors, and noise. However, the industrial use would be required to install the zoning district buffer yard of 20-feet and 20 points, as well as a 40-foot setback if a building was to be constructed on-site. Planning Commission and Staff Recommendation (October 14, 2020): Denial of the change of zoning from the “RM-1” Multifamily 1 District to the “IL” Light Industrial District. Staff Report Page 5 Public Notification Number of Notices Mailed – 52 within 200-foot notification area 6 outside notification area As of December 30, 2020: In Favor – 6 inside notification area – 0 outside notification area In Opposition – 13 inside notification area – 0 outside notification area Totaling 13.52% of the 200-foot notification area* in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 6 1 Andrew Dimas [DevSvcs] From:Craig Garrison Sent:Wednesday, October 14, 2020 3:56 PM To:Andrew Dimas [DevSvcs] Subject:Fwd: Rezoning case #1020-01 FYI Sent from my T‐Mobile 4G LTE Device Get Outlook for Android From: Tony Sheldon <tony123shel@yahoo.com> Sent: Wednesday, October 14, 2020 3:24:55 PM To: Craig Garrison <CraigG@cctexas.com> Subject: Rezoning case #1020‐01 [ [ 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. ] ] ________________________________ Hello, I, Anthony Sheldon, vote in favor of the zone change in case number 1020‐01. Thanks, Anthony Sheldon From:Eddie Jackson Mathis To:Andrew Dimas [DevSvcs] Subject:Zoning Change Request Washington/Coles Area Date:Thursday, October 8, 2020 4:03:14 PM [ [ 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. ] ] To the Zoning Commission: My name is Eddie Jackson Mathis. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. St. Paul owns the property across the street from the North Side Manor. One year ago this company made this same request. The community stood together in working to stop the zoning change at that time. Now with all the chaos of 2020, they are back with the same plan. We made an investment in the area when we placed a children's playground on our property. The playground is on the piece of property near the old Northside Manor location. We invested in the property for the enjoyment of the children of the community and the children of the Church. The property is connected to our Church grounds. We know that the Washington/ Coles area will be a great family place once the bridge is complete. A few families that currently live in the area, use the playground on a regular basis. As a Church member, Corpus Christi voting citizen and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school is will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grewup in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. PLEASE, deny this request for a zoning change. Thank you for your time and it is my prayer that you seriously consider denial. Eddie Jackson Mathis St. Paul United Methodist Church 1202 Sam Rankin Corpus Christi Texas From:Eddie Jackson Mathis To:Andrew Dimas [DevSvcs] Subject:Zoning Change Request Washington/Coles Area Date:Thursday, October 8, 2020 4:03:14 PM [ [ 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. ] ] To the Zoning Commission: My name is Eddie Jackson Mathis. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. St. Paul owns the property across the street from the North Side Manor. One year ago this company made this same request. The community stood together in working to stop the zoning change at that time. Now with all the chaos of 2020, they are back with the same plan. We made an investment in the area when we placed a children's playground on our property. The playground is on the piece of property near the old Northside Manor location. We invested in the property for the enjoyment of the children of the community and the children of the Church. The property is connected to our Church grounds. We know that the Washington/ Coles area will be a great family place once the bridge is complete. A few families that currently live in the area, use the playground on a regular basis. As a Church member, Corpus Christi voting citizen and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school is will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grewup in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. PLEASE, deny this request for a zoning change. Thank you for your time and it is my prayer that you seriously consider denial. Eddie Jackson Mathis St. Paul United Methodist Church 1202 Sam Rankin Corpus Christi Texas 1 Craig Garrison From:JO BELL <nnjobell@sbcglobal.net> Sent:Saturday, October 10, 2020 2:03 AM To:Andrew Dimas [DevSvcs] Subject:Rezoning Request Washington-Coles Area Follow Up Flag:Flag for follow up Flag Status:Flagged [ [ 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. ] ] ________________________________ Warning: Replies to this message will go to nnjobell@sbcglobal.net. If you are unsure this is correct please contact the Helpdesk at 826‐3766. Corpus Christi, Texas Zoning Committee: My name is Lula Jo Bell, a member of the 136th. year old St. Paul United Methodist Church. I am a home owner, tax payer and voter. I am writing in to state as a church member, I am against rezoning of the former North Side Manor Apartments Property to light industry in order to put a pipe yard at this location. It will deface the community and hurt the look of our church property that has an adjacent children's playground. I am totally oppose the rezoning and pray request is denied. Thank You for your consideration. Lula Jo Bell St. Paul United Methodist Church 1202 Sam Rankin Street From:Lavernon Edwards To:Andrew Dimas [DevSvcs] Subject:[EXTERNAL]Zoning change Date:Tuesday, October 13, 2020 6:06:48 PM [ [ 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. ] ] ________________________________ My name is Lavernon Edwards I am writing about the zone change for Northside Manor property I think it should stay as is Lavernon Edwards ST Paul United Methodist Church 1202 Sam Rankin Corpus Christi Sent from my iPhone From:Monna Lytle To:Andrew Dimas [DevSvcs] Subject:Laydown Yard on San Rankin Date:Monday, October 12, 2020 1:01:30 PM [ [ 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. ] ] I'm a Citizen of United States and Corpus Christi, Tx... Do not want a Pipe Lay Down Yard in Our Church Neighbor. (St Paul Methodist Church).... Thank you! Monna Lytle Date: Mon, Oct 12, 2020 at 5:49 PM Subject: REQUEST FOR DENIAL TO RE-ZOINING To: <ANDREWD2@cctexas.com> CC: St. Paul Untied Methodist Church <stpaulumc1202@att.net> ZONING COMMISSION My name is Sylvia Tryon Oliver. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. This letter is regarding the property located across the street from the former North Side Manor Apartments. The property in question is next to the children's playground owned by St Paul UMC.. We purchased the property as an investment in the community. A few families that currently live in the area, use the playground on a regular basis. One year ago a company made the request to change the zoning so that they can use it as a pipeline yard. It was voted down at that time when many concerned citizens expressed our dismay and disdain about such a request. We were grateful that the City Council voted with us. The community stood together in working to stop the zoning change at that time. Now, they are back again with the same plan. As a member of St Paul UMChurch, a Corpus Christi voting citizen, organization leader, and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grew up in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We STILL stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. Your deepest consideration is greatly appreciated. PLEASE, deny this request for a zoning change--AGAIN! Thank you! Sylvia Tryon Oliver From:Catherine Garza To:SYLVIA OLIVER Cc:Andrew Dimas [DevSvcs]; Craig Garrison Subject:RE: REQUEST FOR DENIAL TO RE-ZOINING Date:Wednesday, October 14, 2020 1:53:38 PM Attachments:MeetingAgenda14-Oct-2020.pdf Good Afternoon Ms. Oliver, Thank you for your inquiry. I will make sure that we add your opposition for this case so that it gets read into the record during this afternoon’s meeting. The link to join the actual WebEx meeting for Staff/Commissioners is not made public because it is also broadcasted live for public viewing. The live stream of the Planning Commission meeting can be viewed online at the following address: www.cctexas.com/cctv. I have attached the agenda for more info on the official procedures for public comment (item II) and viewing (located at the bottom of the last page) I have also included some other helpful links: Public comment: https://www.cctexas.com/detail/covid-19-public-comment-input-procedures Regards, Catherine Garza Management Asst. Development Services Dept. City of Corpus Christi From: SYLVIA OLIVER <tryonoliv@gmail.com> Sent: Wednesday, October 14, 2020 1:40 PM To: Catherine Garza <catherineg@cctexas.com> Subject: Fwd: REQUEST FOR DENIAL TO RE-ZOINING [ [ 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. ] ] This is being forwarded to you since your name is on the agenda to contact. We were given andrewd2 to send email. So hopefully you have access to those he received as well fir today’s meeting. ---------- Forwarded message --------- From: SYLVIA OLIVER <tryonoliv@gmail.com> 1 Craig Garrison From:JO BELL <nnjobell@sbcglobal.net> Sent:Saturday, October 10, 2020 2:03 AM To:Andrew Dimas [DevSvcs] Subject:Rezoning Request Washington-Coles Area Follow Up Flag:Flag for follow up Flag Status:Flagged [ [ 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. ] ] ________________________________ Warning: Replies to this message will go to nnjobell@sbcglobal.net. If you are unsure this is correct please contact the Helpdesk at 826‐3766. Corpus Christi, Texas Zoning Committee: My name is Lula Jo Bell, a member of the 136th. year old St. Paul United Methodist Church. I am a home owner, tax payer and voter. I am writing in to state as a church member, I am against rezoning of the former North Side Manor Apartments Property to light industry in order to put a pipe yard at this location. It will deface the community and hurt the look of our church property that has an adjacent children's playground. I am totally oppose the rezoning and pray request is denied. Thank You for your consideration. Lula Jo Bell St. Paul United Methodist Church 1202 Sam Rankin Street From:Lavernon Edwards To:Andrew Dimas [DevSvcs] Subject:[EXTERNAL]Zoning change Date:Tuesday, October 13, 2020 6:06:48 PM [ [ 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. ] ] ________________________________ My name is Lavernon Edwards I am writing about the zone change for Northside Manor property I think it should stay as is Lavernon Edwards ST Paul United Methodist Church 1202 Sam Rankin Corpus Christi Sent from my iPhone From:Monna Lytle To:Andrew Dimas [DevSvcs] Subject:Laydown Yard on San Rankin Date:Monday, October 12, 2020 1:01:30 PM [ [ 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. ] ] I'm a Citizen of United States and Corpus Christi, Tx... Do not want a Pipe Lay Down Yard in Our Church Neighbor. (St Paul Methodist Church).... Thank you! Monna Lytle From:Catherine Garza To:SYLVIA OLIVER Cc:Andrew Dimas [DevSvcs]; Craig Garrison Subject:RE: REQUEST FOR DENIAL TO RE-ZOINING Date:Wednesday, October 14, 2020 1:53:38 PM Attachments:MeetingAgenda14-Oct-2020.pdf Good Afternoon Ms. Oliver, Thank you for your inquiry. I will make sure that we add your opposition for this case so that it gets read into the record during this afternoon’s meeting. The link to join the actual WebEx meeting for Staff/Commissioners is not made public because it is also broadcasted live for public viewing. The live stream of the Planning Commission meeting can be viewed online at the following address: www.cctexas.com/cctv. I have attached the agenda for more info on the official procedures for public comment (item II) and viewing (located at the bottom of the last page) I have also included some other helpful links: Public comment: https://www.cctexas.com/detail/covid-19-public-comment-input-procedures Regards, Catherine Garza Management Asst. Development Services Dept. City of Corpus Christi From: SYLVIA OLIVER <tryonoliv@gmail.com> Sent: Wednesday, October 14, 2020 1:40 PM To: Catherine Garza <catherineg@cctexas.com> Subject: Fwd: REQUEST FOR DENIAL TO RE-ZOINING [ [ 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. ] ] This is being forwarded to you since your name is on the agenda to contact. We were given andrewd2 to send email. So hopefully you have access to those he received as well fir today’s meeting. ---------- Forwarded message --------- From: SYLVIA OLIVER <tryonoliv@gmail.com> Date: Mon, Oct 12, 2020 at 5:49 PM Subject: REQUEST FOR DENIAL TO RE-ZOINING To: <ANDREWD2@cctexas.com> CC: St. Paul Untied Methodist Church <stpaulumc1202@att.net> ZONING COMMISSION My name is Sylvia Tryon Oliver. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. This letter is regarding the property located across the street from the former North Side Manor Apartments. The property in question is next to the children's playground owned by St Paul UMC.. We purchased the property as an investment in the community. A few families that currently live in the area, use the playground on a regular basis. One year ago a company made the request to change the zoning so that they can use it as a pipeline yard. It was voted down at that time when many concerned citizens expressed our dismay and disdain about such a request. We were grateful that the City Council voted with us. The community stood together in working to stop the zoning change at that time. Now, they are back again with the same plan. As a member of St Paul UMChurch, a Corpus Christi voting citizen, organization leader, and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grew up in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We STILL stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. Your deepest consideration is greatly appreciated. PLEASE, deny this request for a zoning change--AGAIN! Thank you! Sylvia Tryon Oliver 1 Craig Garrison From:Andrew Dimas [DevSvcs] Sent:Monday, October 12, 2020 1:17 PM To:Craig Garrison Subject:FW: [EXTERNAL]Zoning Hearing + Meeting on 10.11.2020 Regards, Andrew K. Dimas, Senior City Planner Zoning │ Land Development │ Development Services Department (DSD) 2406 Leopard Street, Corpus Christi, TX 78408 Main Line: (361) 826‐3240 Direct: (361) 826‐3584 Email: AndrewD2@cctexas.com Website: https://www.cctexas.com/departments/development‐services Please take a moment to tell us how we are doing by taking our survey: https://www.cctexas.com/DSFeedback From: Catherine Garza <catherineg@cctexas.com> Sent: Monday, October 12, 2020 1:03 PM To: Andrew Dimas [DevSvcs] <AndrewD2@cctexas.com> Cc: Bobbie‐Rae Maldonado <BobbieRaeM@cctexas.com> Subject: FW: [EXTERNAL]Zoning Hearing + Meeting on 10.11.2020 Hi Andrew, I am forwarding to you because it looks like he got your email address wrong. An opposition for the Tex‐Ise 1020‐01 zoning case. I am assuming it is intended for public comment. From: Barry Wolfson <barrywolfson2003@yahoo.com> Sent: Monday, October 12, 2020 12:20 PM To: AndrewT2@cctexas.com; Catherine Garza <catherineg@cctexas.com> Subject: [EXTERNAL]Zoning Hearing + Meeting on 10.11.2020 [ [ 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. ] ] Dear Ladies and Gentlemen, 2 My name is Barry Wolfson. I spend several days a month in Corpus Christi managing our companies' assets in Corpus Christi, my hometown. I spoke to the City Council at a zoning change request last year. Seven ( 7 ) of the eight ( 8 ) planning and zoning commissioners had already recommended against the zoning change. I didn't want to risk any temporary or want to risk any permanent zoning change, until the master plan and, or the land acquisition begins in the immediate future. The facts are enclosed herein. I've worked on a master plan for Washington Coles' for over a decade. I've been the real estate representative on the original new Harbor Bridge task force I prefer to under-promise and over-deliver on special projects. I believe that I can deliver the equity and the debt to finance the resurrection of the Washington Coles' community beginning with a multi-family project at Lake Street and Sam Rankin Street, ASAP as part of a master planned community encompassed in the Washington - Coles' area. I've taken an different tactic herein due to the potential disastrous consequences of allowing any type of zoning change, especially for a land grant or a land lease of regarding Commercial Rezoning Case 1120-01. The second and third largest private stakeholders consider approval of the zoning request is the the death-knell, which is ruinous to the second and third largest private investors and stakeholders of the controlling interest of five hundred ( 500 ) stakeholders. I've been a commercial real estate broker, a regional asset manager for the F.D.I.C. in Dallas -Fort Worth Metroplex. I advanced to become the the Vice-President of Commercial Acquisitions for an A.I.G.Global Finance Joint Venture that purchased eight ( 8 ) large portfolios of hundreds of commercial mortgage-backed securities. I manage the thirty-one investments for our companies in Corpus Christi. It took the City of Corpus Christi, H.U.D., etc. to dismantle Northside Manor for ten plus ( 10 + ) plus years which had kept developers from any type of risky land acquisition. I became the the Vice-President of Commercial Acquisitions for an A.I.G.Global Finance Joint Venture that purchased eight ( 8 ) large portfolios of hundreds of commercial mortgage-backed securities. I teamed with several large investment banks located in the New York City and in the Charlotte C.B.D. to secure financing for several large prototypical projects listed below. I've become involved to self-promote my ability to raise capital in order to defeat the proposed zoning change until the new Harbor Bridge opens in late 2021 0r 2022. The importance of Washington Cole's' zoning request issues which profoundly effect our companies vision which includes the reconstruction of retail, multi-family and single family residential structures, which replicate the former district's vitality. The suspension bridge will instantly become a great U.S.A. Landmark. Our company plans to replicate the former thriving commercial district and expand the Bayview Cemetery and the Buffalo Soldiers that rest in peace in the park. 3 An administrative assistant said that that you might be be able to work me in to present our plans to Mayor McCombs, Coucilman Roy and specifically the members of the planning and zoning commission. I have raised the capital ( the debt and the equity, ) to redevelop projects such as the Brandywine Town Center, a super-regional retail center in suburban Philadelphia. I contributed to raise the debt and and equity as a co-developer for projects such as Brandywine Town Center, a super regional mall in suburban Philadelphia. My team sold one hundred and thirty five ( 135 ) acres to the Toll Brothers which built and sold out the affluent, adjacent sub-division. I also acquired the debt and the equity for the Austin Central Business District Hilton Convention Center Hotel. The City of Austin provided twenty-five million dollars( 25 ) secured the partial funds for the hotel. I acquired the capital for what is the ninety- seven ( 97 ) luxury condominiums, which was the prototype for the scores of thirty ( 30 ) to sixty ( 60 ) story projects which earned their financing due to the successful marketing efforts of its convention center condominiums within the hotel to University of Texas Alums and Cosmopolitan Austinites. The project spawned scores of the forty ( 40 ) to sixty ( 60 ) story condominium projects. The last sixty ( 60 ) story project sold out before construction began. I will share my dream with you. The street grids, the demographics and the future traffic counts are paramount indicators of how and why my company selected to sale its housing units and kept tracts of the land for future development. The Washington Coles' District, will become a key part of the Sea District, after the opening of the 208 foot decked, colorfully lit suspension bridge. The prototype for the bridge is the newer Atlantic Bridge that spans the Panama Canal. The bridge and the rapidly expanding which will become a hub for super-tankers and cruise ships. . My companies original principals immigrated to Texas from Kiev and became proud Corpus Christians with extremely limited funds. My Great-Grandparents worked seven days a week, collecting rental units in Hillccrest, in Washington Coles' and in Saxet Heights by collecting rents by horse and buggy. The Grossman House in Heritage Park is an example of the families' home in the 1920's, etc. I've been the real estate representative of the original task force which includes TxDOT, the Port of Corpus Christi, the F.T.C. and the City of Corpus Christi's elected officials, since its inception almost a decade ago. Sincerely, Barry 5114 Balcones Woods Suite 307 Austin, TX 78759 Office: 512.257.7905 Cell: 512.689.8153 4 The CONFIDENTIALITY NOTICE: This email message and its attachments are covered by the Electronic Communications Privacy information contained in this transmission is confidential and intended only for the personal use of the intended recipient(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution, copying or the taking of any action in reliance on the contents of this communication or other use is strictly prohibited. If you have received this email in error, please immediately notify the sender (only) by reply email or by telephone, (512)257-7905, and promptly delete/destroy the original and any copies of this message. Unauthorized interception of this email is a violation of federal criminal law. Thank you for your cooperation. IRS CIRCULAR 230 NOTICE: Any federal tax advice contained in this email and any attached document is not intended or written to be and cannot be used or referred to for the purpose of (i) avoiding penalties that may be imposed by the Internal Revenue Service or (ii) promoting, marketing or recommending any partnership or other entity, transaction, investment plan, or other arrangement Tex -Isle, LLC. Rezoning for a Property at 1401 North Alameda Street From “RM-1” To “IL” Zoning Case #1020-01 City Council February 9, 2020 N 2 Aerial Overview N 3 Neighborhood Amenities Park Church School 4 Adjacent Development and Zoning Washington-Coles Neighborhood 5 WC N Washington-Coles Neighborhood 6 •Not located in voluntary acquisition and relocation program boundary. •Close proximity to jobs in Uptown & SEA Districts. •Movement of New Harbor Bridge to the west creates opportunity to reconnect with Downtown activity. Washington-Coles Neighborhood 7 •Within Opportunity Zone •Oveal-Williams Senior Center •Solomon-Coles High School •Churches •Programmed parks and trails investments with $6 Million in funding allocated •Historic Bayview Cemetery Hillcrest Washington-Coles Pedestrian Path Future Staples St. 8 Public Notification 52 Notices mailed inside 200’ buffer 6 Notices mailed outside 200’ buffer Notification Area Opposed: 13 (13.52%) In Favor: 6 XXX XXX X X X X X XO O OO O O Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Separate Opposed Owners: 3 (One Owner)X N 9 Planning Commission and Staff Recommendation Denial of the change of zoning to the “IL” Light Industrial District 10 Special Permit Conditions 1.Uses:The only principal use authorized by this Special Permit other than uses permitted by right in the base zoning district is a “Truck or transfer terminal”as described in Section 5.1.5.B.“Warehouse and Freight Movement”of the Unified Development Code (UDC).The only accessory uses allowed are an associated office and an outdoor storage yard.Storage of hazardous materials is prohibited. 2.Hours of Operation:The hours of operation will occur daily within the hours of 6:00 AM to 8:00 PM except off-hour deliveries of cargo. 3.Buffer Yard :A Type D Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC)shall be required where the subject property shares a property line with a residential zoning district and/or residential uses not owned by the applicant. 4.Dumpsters: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 11 Special Permit Conditions 5.Nuisance:The use is prohibited from creating any hazard or nuisance such as, noise, smoke, vibration, dust, and/or odors. 6.Dust:Any dust generated by the operation of the outdoor storage use must be mitigated. Examples of mitigation are by application of a hardscape, by watering, or by use of a soil stabilizer/epoxy. 7.Noise:Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 8.Access:No commercial truck traffic south of Chipito Street. Driveway access to or from Chipito Street is prohibited. Access to Sam Rankin Street and North Alameda Street shall be exit only and shall be channelized by means of physical delineators to prevent truck traffic from turning south. 9.Lighting:All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 10.Landscaping:Landscaping shall be installed in accordance with the requirements of Section 7.3.11.A of the Unified Development Code (UDC). 12 Special Permit Conditions 11.Screening:The subject property must completely screened by a screening fence as defined in Section 1.11 of the UDC from view of the public right-of-way and adjacent non-industrial uses. 12.Other Requirements:The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 13.Time Limit:Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five (5) years unless a time extension is approved by the City Council. 13 Rendering 14 Buffer Yards: “IL” to “RM-1” Type C: 15-feet and 15 points Setbacks: Street: 20 feet 40 feet when adjacent to Residential Parking: 1:1,000 GFA (Outdoor Facility) Landscaping, Screening, and Lighting Standards. Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage UDC Requirements 15 Utilities Water:12-inch ACP line located along Sam Rankin Street, a 6-inch ACP line along Chipito Street, a 6-inch ACP line along North Alameda Street, and an 8-inch CIP line along West Broadway Street. Wastewater:6-inch VCP line located along Sam Rankin Street, a 6-inch VCP line along Chipito Street, a 6- inch VCP line along North Alameda Street, and a 21-inch VCP line along West Broadway Street. Gas:2-inch line located along Sam Rankin Street, a 2-inch line along Chipito Street, a 1-inch line along North Alameda Street, and a 2-inch line along West Broadway Street. Storm Water:24-inch line located along Sam Rankin Street. 16 Vacant Lots 17 Transportation Access DATE: January 8, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361)826-3575 CAPTION: Zoning Case No. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust: (District 4) Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. SUMMARY: The purpose of the zoning request is to allow for the construction of a luxury RV Resort. (3/4 vote required). On February 9th, the City Council conducted a public hearing and voted to table the rezoning case and directed staff to draft language for a potential Special Permit. BACKGROUND AND FINDINGS: The subject property is 20.993 acres in size. The subject property is currently zoned “RM-AT” Multifamily AT District and is currently vacant. The property was annexed in 2001. Conformity to City Policy The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is planned for a planned development use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The property is currently vacant and the subject property has not been developed since annexation. Public Input Process Number of Notices Mailed 67 within 200-foot notification area 1 outside notification area As of November 28, 2020: In Favor 4 inside notification area 0 outside notification area In Opposition 24 inside notification area 0 outside notification area Rezoning a property at or near 7349 and 7325 State Highway 361 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/09/21 Second Reading Ordinance for the City Council Meeting 03/2/21 Totaling 46.15% of the land owners within the 200-foot notification area are in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District on December 9, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park 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 “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park 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. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust: (District 4) Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT District to the “RM-AT/SP” Multifamily AT District with a Special Permit (SP) with conditions. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being a 20.993 acre tract out land, comprised of 13.155 Acres out of J.W. Waterbury Survey 596, Abstract No. 408, Land Script 167 and a 7.838 tract, Zoning Tract, comprising portions of Lots 4, 5, 6, and 7, Block 1 Sunrise Shores, a map of which is recorded in Volume 46 Pages 81 and 82, Map Records of Nueces County, Texas, as shown in Exhibit “A”: from the “RM-AT” Multifamily AT District to the “RM-AT/SP” Multifamily AT District with a Special Permit (SP) with conditions. The subject property is located at or near 7325 State Highway 361. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: Page 2 of 9 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is a “Recreational Vehicle Park” as defined by the Unified Development Code (UDC). The Recreational Vehicle Park shall adhere to the standards of Section 6.1.2 of the UDC except as explicitly listed below. 2. Density: The maximum site density shall be 8 recreational vehicle sites (“Recreational Vehicle Sites”) per acre (160 total). 3. Recreational Vehicle (RV) Site Limitations: Only one recreational vehicle should be permitted per RV Site. All pads within RV Sites must be paved with concrete or concrete tile pavers and be at least 15 feet in width. All RV Sites must be at least 30 feet wide. 4. Lighting: All security lighting shall be shielded with full cutoff fixtures to avoid intrusion into the neighboring properties, and any freestanding lights shall be at least 50 feet from any property line abutting a neighboring property. 5. Stacking: A minimum of six off-street vehicle stacking spaces shall be provided between the public right-of-way and any front gate or intersection in order to allow stacking of approximately two to three RV’s to avoid congestion on State Highway 361. 6. Screening: A 7-foot solid screening fence shall be installed along the northern and southern property lines. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. Page 3 of 9 SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 4 of 9 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 5 of 9 Exhibit A Page 6 of 9 Page 7 of 9 Page 8 of 9 Page 9 of 9 PLANNING COMMISSION FINAL REPORT Case No. 1220-04 INFOR No. 20ZN1030 Planning Commission Hearing Date: December 9, 2020 Applicant & Legal Description Owner: Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust Applicant: Urban Engineering Location Address: 7349 and 7325 State Highway 361 Legal Description: being a 20.993 acre tract out land, comprised of 13.155 Acres out of J.W. Waterbury Survey 596, Abstract No. 408, Land Script 167 and a 7.838 tract, Zoning Tract, comprising portions of Lots 4, 5, 6, and 7, Block 1 Sunrise Shores, a map of which is recorded in Volume 46 Pages 81 and 82, Map Records of Nueces County, Texas, located along the east side of State Highway 361, south of West Palm Beach Road, and west of the Gulf of Mexico. Zoning Request From: “RM-AT” Multifamily AT District To: “RV” Recreational Vehicle Park District Area: 20.993 Acres Purpose of Request: to allow for the development of a luxury RV resort community. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-AT” Residential Multifamily Tourist-Attraction District Vacant Planned Development North “RM-AT PUD” Residential Multifamily Tourist-Attraction District Planned Unit Development Vacant, and Low Density Residential Planned Development South “RM-AT PUD” Residential Multifamily Tourist-Attraction District Planned Unit Development Low Density Residential, High Density Residential, and Vacant Planned Development East “RM-AT” Residential Multifamily Tourist-Attraction District Water Permanent Open Space West “FR” Farm Rural Vacant Planned Development ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Padre/Mustang Island Area Development Plan and is planned for Planned Development. The proposed rezoning to the “RV” Recreational Vehicle Park District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 022037 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 865 feet of street frontage along State Highway 361 which is designated as a “RA3” Primary Rural Arterial Divided. Through the middle of the proposed development is a unbuilt “PA” Beach Access Road. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume State Highway 361 “RA3” Primary Rural Arterial Divided 250’ ROW 76’ paved 120’ ROW 45’ paved 25,305 ADT (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District to allow for a luxury RV Resort use. Development Plan: The subject property is a total of 20.993 acres in size. The proposed use is a gated community, which will include approximately 200 oversized RV lots and accessory uses, such as a community center, a golf cart-friendly boardwalk to the beach, a large swimming pool and splash pad, a putting green, pickle ball courts and $1-2 million in tropical landscaping. Existing Land Uses & Zoning: The subject property is currently zoned “RM-AT” Multifamily AT District and consists of vacant property and has remained undeveloped since annexation in 2001. To the north is a small subdivision with predominately vacant property zoned “RM-AT” Multifamily AT District. There are two existing single-family homes to the north. To the south are townhomes and vacation rentals that are zoned “RM-AT/PUD” Multifamily AT District with a Planned Unit Development with approximately 25 structures. To the west across State Highway 361 is a vacant property zoned “FR” Farm Rural. To the east are vacant properties zoned “RM-AT” Multifamily AT District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch ACP line located along State Highway 361 Wastewater: none Gas: none Storm Water: none Staff Report Page 3 Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is planned for a Planned Development use. The proposed rezoning to the “RV” Recreational Vehicle Park District is consistent with the adopted Comprehensive Plan (Plan CC) and is consistent with 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). • Support public investments—physical, environmental, functional, and social—to be built in areas to support walkable neighborhood commercial and mixed-use districts, including compact centers along major roads. (Housing and Neighborhoods Policy Statement 8) 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 is compatible with the Future Land Use map. Planning Commission and Staff Recommendation (December 9, 2020): Approval of the change of zoning from “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. Public Notification Number of Notices Mailed – 67 within 200-foot notification area 1 outside notification area As of November 28, 2020: In Favor – 4 inside notification area – 0 outside notification area In Opposition – 24 inside notification area – 0 outside notification area Totaling 46.15% of the land owners within the 200-foot notification area* are in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 WOOD, BOYKIN & WOLTER A PROFESSIONAL CORPORATION RALPH R. WOOD (1901-1965) LAWYERS TELEPHONE: 361/888-9201 MARSHALL BOYKIN III (1925-2014) FACSIMILE: 361/888-8353 ROBERT C. WOLTER (Retired) 615 NORTH UPPER BROADWAY, SUITE 1100 ----------------- STEWART N. RICE CORPUS CHRISTI, TEXAS 78401-0748 *BOARD CERTIFIED-COMMERCIAL REAL ESTATE LAW JOHN D. BELL* AND PROPERTY OWNERS ASSOCIATION LAW FREDERICK J. McCUTCHON§ §BOARD CERTIFIED-LABOR & EMPLOYMENT LAW PETER E. AVOTS TEXAS BOARD OF LEGAL SPECIALIZATION LUCINDA J. GARCIA SCOTT E. LANDRETH DANIEL O. GONZALEZ JOSEPH B. BAUCUM MARIAH N. MAUCK RHONNIE N. SMITH Writer’s email: jdbell@wbwpc.com December 8, 2020 Planning Commission Attn: Chairman Jeremy Baugh Via email: catherineg@cctexas.com Re: Planning Commission Hearing December 9, 2020 Case 20-1436; Rezoning Near 7349 State Highway 361 Dear Members of the Planning Commission: I represent the Admirals’ Row Condominiums Council of Co-Owners which represents the owners of the property immediately south of the proposed development. The President of the Council of Co-Owners already has sent notice of opposition to the proposed rezoning utilizing one of the forms distributed. Although the southern neighbors to this tract technically are zoned RM-AT, the properties actually are developed as single-family residences. This usage applies both to the Admirals’ Row development as well as the Bella Vista development on State Highway 361. The proposed RV district zoning would allow 500 RV spaces to be developed on the property (25 spaces per acre on 20 acres). Such a development would create tremendously high density in this area that essentially is bordered by single family subdivisions. Additionally, State Highway 361 at this location has limited width and lanes. The existing roadway is inadequate to handle this type of density, particularly with motor homes and large recreational vehicles. Vehicle stacking on the highway would create severe traffic issues. Although the Admirals’ Row owners are opposed to the rezoning in principle, if the City elects to proceed with rezoning for the proposed project, it should be as a Special Permit with several critical conditions. The developer has stated that they desire to create a “luxury RV resort” with about 150 spaces, and special permit conditions should be imposed to make sure that any development is consistent with other uses in the area and the transportation limitations. Proposed conditions should include: 1.Density. The maximum site density shall be 8 recreational vehicle sites (“RV Sites”) per acre (160 total). Letter to Planning Commission December 8, 2020 Page 2 F:\3505\3\20 Ltr-Planning Comm-1208-11-15.docx 2. Buffer Yard. A side buffer yard of 30 feet should be maintained on the southern boundary. 3. RV Site Limitations. Only one recreational vehicle should be permitted per RV Site. All pads within RV Sites must be paved with concrete or concrete tile pavers and be at least 15 feet in width. All RV Sites must be at least 30 feet wide. 4. Lighting. All lighting shall be shielded to avoid intrusion into the neighboring properties, and any pole lights shall be at least 50 feet from any property line abutting a neighboring property. 5. Stacking. A minimum of six off-street vehicle stacking spaces shall be provided between the public right-of-way and any front gate or intersection in order to allow stacking of approximately two to three RV’s to avoid congestion on S.H. 361. Representatives of Admirals’ Row hope to participate in the Webex meeting, but if technical difficulties prevent that, please consider these requests as part of your deliberations. If you have any questions, please do not hesitate to contact me. Very truly yours, John D. Bell JDB/vcs xc: Admirals’ Row From:Michael Congdon To:Craig Garrison Subject:FW: Rezoning Case No. 1220-04 Date:Wednesday, December 9, 2020 3:29:30 PM [ [ 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. ] ] From: Ron Hollenbeck <1orb.net@gmail.com> Sent: Wednesday, December 9, 2020 1:15 PM To: craigg@cctexas.com Subject: Rezoning Case No. 1220-04 Dear Mr. Garrison, My name is Ron Hollenbeck (Property Owner ID 51) and own a home adjacent to the proposed development that is the subject of this rezoning request. My wife, Kelley Lamson, and I are both in favor of the proposed development. We feel the development will add exceptional value to the local economy by bringing in high net-worth guests who will undoubtedly want to stay for long periods of time. We feel that the central part of the island has been underdeveloped and this will likely attract other quality developers and amenities to the area. Our contact and property information is as follows: Ron Hollenbeck Kelley Lamson 162 La Concha Blvd #16 Property Owner ID 51 512-348-2109 (Ron) 512-773-1484 (Kelley) Thank you, Ron From:Norma Duran To:Catherine Garza Subject:FW: Public Input: 12-09-2020 - Richard Yates Date:Tuesday, December 8, 2020 11:17:45 AM Catherine, Below is a public comment for the planning commission for tomorrow. From: CitySecretary <CitySecretary@cctexas.com> Sent: Tuesday, December 8, 2020 11:05 AM To: Rebecca Huerta <RebeccaH@cctexas.com> Cc: Norma Duran <NormaD2@cctexas.com>; Sarah Brunkenhoefer <sarahb@cctexas.com> Subject: FW: Public Input: 12-09-2020 - Richard Yates FYI. Thank you, Aly Berlanga From: JotForm <noreply@jotform.com> Sent: Tuesday, December 8, 2020 11:04 AM To: CitySecretary <CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 12-09-2020 - Richard Yates [ [ 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. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 12-09-2020 Name Richard Yates Address Street Address: 162 La Concha Blvd. Street Address Line 2: # 18 City: Port Aransas State / Province: TX Postal / Zip Code: 78373 Topic Rezoning of 7349 & 7325 Hwy 361 to "RV" RV Resort District Agenda Number Rezoning Case No. 1220-04 Describe Feedback:This property is directly behind our house, which means it controls the view we have from our two back decks. We have reviewed the planned project and are satisfied that it will be a good addition to the area. Provide an email to receive a copy of your submission.ryates72@sbcglobal.net Gulf Realty Trust/ Poseidon Realty Trust/ North End Realty Trust Rezoning for a Property at 7349 and 7325 State Highway 361 From “RM-AT” To “RV” Zoning Case #1220-04 N City Council February 23, 2021 2 Aerial Overview N 3 Adjacent Development and Zoning Pattern N 4 Public Notification 67 Notices mailed inside 200’ buffer 0 Notices mailed outside 200’ buffer Notification Area Opposed: 24 (46.15%) In Favor: 4 X X X X XX X XXX X XXXX XX X X XX X X Separate Opposed Owners: 6 Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition OOOO N 5 Proposed Site Plan 6 Conceptual Rendering of RV Space 7 Planning Commission and Staff Recommendation Approval of the “RV”Recreational Vehicle Park District 8 Planning Commission and Staff Recommendation 1.Uses:The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is a “Recreational Vehicle Park”as defined by the Unified Development Code (UDC).The Recreational Vehicle Park shall adhere to the standards of Section 6.1.2 of the UDC except as explicitly listed below. 2.Density:The maximum site density shall be 8 recreational vehicle sites (“Recreational Vehicle Sites”)per acre (160 total). 3.Buffer Yard :A buffer yard of 30-feet with a 7-foot solid wooden screening fence should be maintained along the southern property line shared with the single-family residences. 4.Recreational Vehicle (RV)Site Limitations:Only one recreational vehicle should be permitted per RV Site.All pads within RV Sites must be paved with concrete or concrete tile pavers and be at least 15 feet in width.All RV Sites must be at least 30 feet wide. 9 Planning Commission and Staff Recommendation 5.Lighting:All security lighting shall be shielded with full cutoff fixtures to avoid intrusion into the neighboring properties, and any freestanding lights shall be at least 50 feet from any property line abutting a neighboring property. 6.Stacking:A minimum of six off-street vehicle stacking spaces shall be provided between the public right-of-way and any front gate or intersection in order to allow stacking of approximately two to three RV’s to avoid congestion on State Highway 361. 7.Other Requirements:The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8.Time Limit:In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 10 Rental Sites: Day or week only and no longer than 180 days in duration within the park. Accessory Uses: No more than 1/3 of park Barber shops, Beauty parlors, Car wash, Convenience grocery stores of less than 4,000 square feet, Day care centers, Dry cleaning receiving stations, Fuel sales, Restaurants excluding bars, taverns or pubs, and Self-service laundries UDC Requirements DATE: February 3, 2021 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361) 826-3732 FROM: Eyvon McHaney, Director of Human Resources eyvonmc@cctexas.com (361) 826-3979 CAPTION: Ordinance amending the City’s Consolidated Annual Action Plan (CAAP) of entitlement funding from HUD for FY 2019-2020; accepting and appropriating $2,275,155.00 from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG-CV) and $1,864,176.00 for the Emergency Solutions Grant (ESG-CV) funding in FY 2019-2020; authorizing the execution of all documents necessary to accept, appropriate, and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the additional CDBG-CV and ESG-CV funding from HUD with organizations for approved projects. SUMMARY: This item is amending the FY 2020 Annual Action Plan as required by HUD. This amendment is allowing the accepting and appropriating of the final allocation related to CARES Act funding from HUD. This amendment also will identify projects that will allow the City to continue preventing, preparing for, and responding to COVID-19. BACKGROUND AND FINDINGS: In accordance with HUD and the City of Corpus Christi’s five-year Consolidated Annual Action Plan (CAAP), “Substantial Amendments” are required to amend the CAAP which in turn triggers a comment period (24 CFR 91.105). A “Substantial Change” is defined as: Any addition of the established priorities of activities as described in the Consolidated Action Plan and/or Annual Action Plan. This is an amendment to the FY 2020 Consolidated Annual Action Plan which was adopted by City Council by ordinance on July 23, 2019. The amendment will include the City of Corpus Christi’s Housing and Community Development Department to receive and administer $2,275,155.00 in Community Development Block Grant (CDBG) and $1,864,176.00 in Emergency Solutions Grant (ESG) funding from the U.S. Department of Housing and Urban Development (HUD) made available through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). HUD has allowed for a five-day public comment period. The federally required comment period will begin on Monday, February 15, 2021 and end on Friday, February 19, 2021. Substantial Amendment to the FY 2020 Consolidated Annual Action Plan AGENDA MEMORANDUM First Reading Ordinance for City Council Meeting of February 23, 2021 Second Reading Ordinance for City Council Meeting of March 2, 2021 On March 27, 2020, President Donald Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (CARES Act). The U.S. Department of Housing and Urban Development (HUD) has allocated funding to the City of Corpus Christi’s Community Development Block Grant and the Emergency Solutions Grant Program. Projects resulting from this funding will increase shelter capacity, outreach to homeless services, access to food and access to jobs. It has been determined that this funding will help to fill the needs and gaps in the community during, and as a result of, the COVID-19 pandemic. Administrative costs also have been identified from each grant for City staff support, the commissioning of a research study on the effects of COVID-19 in the homeless community, and staff-support for the non-profits assisting with program administration. ALTERNATIVES: The alternative is to not accept these funds, which will result in a lack of gap services, programs, and needs for the community in relation to COVID-19. FISCAL IMPACT: The City will receive and allocate an additional $4,139,331.00 in federal grant funds which allow for additional responses to COVID-19. FUNDING DETAIL: Fund: 1059 Organization/Activity: N/A Mission Element: 132 Project # (CIP Only): N/A Account: 530000 RECOMMENDATION: Staff recommends the approval of the project recommendations for CDBG and ESG. LIST OF SUPPORTING DOCUMENTS: Ordinance CDBG Projects Attachment ESG Projects Attachment 1 Ordinance amending the City’s Consolidated Annual Action Plan (CAAP) of entitlement funding from HUD for FY 2019-2020; accepting and appropriating $2,275,155 from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG-CV) and $1,864,176 for the Emergency Solutions Grant (ESG-CV) in FY 2019-2020; authorizing the execution of all documents necessary to accept, appropriate and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the additional CDBG-CV and ESG-CV funding from HUD with organizations for approved projects. WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act (Public Law 116-136) signed into law by President Trump on March 27, 2020 (“CARES” Act) the United States Department of Housing and Urban Development (“HUD”) has allocated additional Community Development Block Grant funds (“CDBG”) funds to the City to respond to the Coronavirus epidemic; and WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act (Public Law 116-136) signed into law by President Trump on March 27, 2020 (“CARES” Act) the United States Department of Housing and Urban Development (“HUD”) has allocated additional Emergency Solutions Grant Funds (“ESG”) to the City to respond to the Coronavirus pandemic, specifically to support additional homeless assistance programs in the City; and WHEREAS, HUD has allocated additional ESG Funds to the City of Corpus Christi to address homeless assistance and prevention programs arising from the Coronavirus pandemic; and WHEREAS, HUD has amended many of the public notice, public hearing and public comment periods required with typical HUD-CDBG and HUD-ESG funding programs and the City’s Housing and Community Development Department will be following HUD’s guidance and updates as these changes are disseminated during the Coronavirus Pandemic and months following the reopening of the economy; and WHEREAS, the City Council has determined that this Ordinance accepting and appropriating additional funding from HUD for ESG and CDBG during the current 2019- 2020 Fiscal Year would best serve the public health, safety, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $2,275,155.00 in additional HUD CDBG-CV funding for FY 2019-2020 is hereby accepted to support CDBG purposes and programs in the City and the funds are hereby appropriated in Fund No. 1059. 2 Section 2. That $1,864,176.00 in additional HUD ESG-CV funding for FY 2019-2020 is hereby accepted to support homeless assistance and prevention programs in the City and the funds are hereby appropriated in Fund No. 1059. Section 3. That the City Manager or the City Manager’s designee is authorized: to execute all documents necessary to accept and appropriate the additional CDBG-CV and ESG-CV funding from HUD upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY 2019-2020 CAAP, and to execute funding agreements, amendments and all other documents necessary to implement the additional Coronavirus Funding for CDBG- CV and ESG-CV for FY 2019-2020 CAAP with organizations for approved projects. Section 4. That this ordinance is passed and takes effect upon its second reading. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor $2,275,155 #PROJECT & DESCRIPTION STAFF RECOMMENDED 1 CDBG COVID-19 Program Administration (Multi-Departmental) Funding will be used for staff reimbursement for time used in administering and processing reimbursement requests for COVID-funded projects. This will also include the compliance monitoring and technical assistance aspects of administering the grant as well as offsetting the funding received with the entitlement grant. Funding will also be used to consult and receive research and plans on the data and effects COVID-19 has had in the comunity as well as funding organizations. Lastly, funding will be used to support the staffing costs of funding agencies to support operations and increased staff who work directly with the COVID-19 funding received. $200,000 2 Housing Opportunities Construction Construction expenses ineligible for ESG may include but are not limited to grading, solid surface, shade and rain protection, bathrooms including showers, security office, space for mobile health clinic and community space for service outreach. Addresses need to reduce high risk increase in street homelessness due to COVID-19. $1,803,155 3 Coastal Bend Food Bank - Inventory system/equipment In order to assit more citizens during COVID-19, the Coastal Bend Food Bank is requesting funding to update their 20 year old inventory system and equipment to the current age of barcode scanning for inventory. The barcode capabilities allows for easier management of the food bank's warehouse by effectively tracking inventory and streamlining the receiving of the product. This system will allow for for accurate and reliable inventory records and help speed up assistance to those in the community who have been directly impacted by COVID-19. $72,000 4 Rising Tide Ministries Funding requested would assist in creating a program which would assist COVID-19 affected homeless individuals or those at risk of homelessness to job search, assist with resume building, job coaching, and furnish clothing for a job interview. These funds would also allow for the purchase of computer equipment for this training in order to increase the quality of life. $200,000 Overall Total $2,275,155 CITY OF CORPUS CHRISTI CARES ACT RELATED TO COVID-19 CDBG PROGRAM CDBG COVID-19 Allocation No. 2 $1,864,176 #PROJECT & DESCRIPTION STAFF RECOMMENDATION 1 ESG COVID-19 Administrative Costs (Multi-Departmental) Corpus Christi staff will be responsible for the management and administration of the Emergency Solutions Grant (ESG) COVID-19. These functions include the financial oversight, compliance, and technical assistance components of the program. Funds can be used to support the City's functions or to provide for research to evaluate homelessness needs as related to COVID planning and response and evaluate gaps in services to avoid the lack of shelter space when social distancing is required as to avoid the high risk increase of street homelessness. Funds are also eligilbe for award to service providers for the administration of ESG-CV 2 projects. $186,417 2 Housing Opportunities Construction Construction expenses to prevent, prepare for and respond to coronavirus. May include but are not limited to grading, solid surface, shade and rain protection, bathrooms including showers, security office, space for mobile health clinic and community space for service outreach. Addresses need to reduce high risk increase in street homelessness due to COVID-19. $1,677,759 Overall Total $1,864,176 COVID-19 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM ESG-CV Allocation No. 2 1 DATE: February 23, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police MikeMa@cctexas.com (361) 886-2603 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC@cctexas.com (361) 826-3169 CAPTION: Motion authorizing five, two-year service agreements for a combined amount not to exceed $400,000.00 for mowing and securing of non-code compliant properties for Code Enforcement, with an agreement with each of the following Contractors: Apostle Construction Enterprises, LLC, Dexter Charles Rhines Jr., dba D.R. Lawn Maintenance, J.M. Perez and Grandsons LLC, TurnKey Lawn Care & Services, LLC, and Juan Carlos Valdez, dba Woodwerk Tree Trimming & Landscaping, each in an amount not to exceed $80,000.00, with FY 2021 funding in the amount of approximately $58,333.00 available through the General Fund and $58,333.00 available through the CDBG Grants Fund for a combined amount of $116,666.00. SUMMARY: This motion authorizes mowing and securing of non-code compliant properties for Code Enforcement to continue mowing and servicing properties that have code violations. These services include, mowing, trimming, edging, tree brush trimming, debris removal and securing properties. BACKGROUND AND FINDINGS: The Code Enforcement Division strives to prevent the deterioration of housing and commercial properties through the enforcement and abatement of code violations. Code Enforcement is budgeted an amount of $100,000.00 from General Fund and $100,000.00 from Community Development Block Grant annually for this work. Property owners are notified of code violations and given an opportunity to correct violations to be compliant. If a property owner is unable or unwilling to address the violations, the City can abate the violations and charge the property owner for services required. These contracts help facilitate a timely remedy and restore healthy environmental conditions for the Mowing and Securing of Non-Code Compliant Properties CDBG Funded AGENDA MEMORANDUM Action Item for the City Council Meeting March 2, 2021 neighborhood by mowing, line trimming, edging, tree and brush trimming, removal of debris and securing of vacant properties. Contracts and Procurement conducted a Request for Qualification (RFQ) process for the Police Department’s Code Enforcement Division for mowing and servicing of non -code compliant properties. The RFQ process allows the City to make sure the firms interested in providing these services are qualified and have the equipment and manpower to perform the services. The City received five submissions and after evaluating each firm, is recommending the award to Apostle Construction Enterprises, LLC, Dexter Charles Rhines Jr. dba D.R. Lawn Maintenance, J.M. Perez and Grandsons LLC, TurnKey Lawn Care & Services, LLC and Juan Carlos Valdez, dba Woodwerk Tree Trimming & Landscaping as qualified firms to perform services. ALTERNATIVES: The alternative to not securing these long-term service agreements would be for the department to obtain this service through individual purchase orders and service agreements; however, securing larger longer-term agreements with reputable companies is more cost efficient and consistent with the department needs. FISCAL IMPACT: The fiscal impact for the Police Department in FY 2021 is an estimated amount of $116,666.00 for five, two-year service agreements. The remaining estimated $283,334.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 11500 Code Enforcement Mission Element: 157 Enforce housing, zoning, and nuisance codes Project # (CIP Only): N/A Account: 530220 Demolition/ Clean-up Service Cost: $58,333.00 Fund: 1059 CDBG Grant Organization/Activity: 852108L Clearance Program FY20 Mission Element: 157 Enforce housing, zoning, and nuisance codes Project # (CIP Only): N/A Account: 530220 Demolition/ Clean-up Service Cost: $58,333.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year service agreement with Apostle Construction Enterprises, LLC, Dexter Charles Rhines Jr., dba D.R. Lawn Maintenance, J.M. Perez and Grandsons LLC, TurnKey Lawn Care & Services, LLC, and Juan Carlos Valdez, dba Woodwerk Tree Trimming & Landscaping as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreements 3448, 3449, 3299, 3450 and 3451 Service Agreement Standard Form – Federal Funding Page 1 of 8 SERVICE AGREEMENT NO. 3448 Mowing and Securing of Non-Code Compliant Properties CDBG Funded THIS Mowing and Securing of Non-Code Compliant Properties CDBG Funded Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Apostle Construction Enterprises, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Securing of Non-Code Compliant Properties CDBG Funded in response to Request for Bid/Proposal No. 3448 (“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 and Securing of Non-Code Complaint Properties CDBG Funded (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. 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 $80,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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: 61B620B6-6B2D-411B-9171-9940A94F892E Service Agreement Standard Form – Federal Funding Page 2 of 8 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: Liza Lopez Department: Code Enforcement Phone: 361-826-3170 Email: LizaC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Service Agreement Standard Form – Federal Funding Page 3 of 8 release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (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: 61B620B6-6B2D-411B-9171-9940A94F892E Service Agreement Standard Form – Federal Funding Page 4 of 8 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. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Liza Lopez Title: Code Compliance Program Manager Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: 361-826-3170 Fax: N/A IF TO CONTRACTOR: Apostle Construction Enterprises, LLC Attn: Jamie Rossler Title: President Address: 2129 Woodcrest Drive, Corpus Christi, Texas 78418 Phone: 361-563-8021 Fax: N/A DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Service Agreement Standard Form – Federal Funding 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. 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 DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Service Agreement Standard Form – Federal Funding Page 6 of 8 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 agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Service Agreement Standard Form – Federal Funding Page 7 of 8 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 by relevant 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 FEMA, the FAA, or their designees 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: 61B620B6-6B2D-411B-9171-9940A94F892E Service Agreement Standard Form – Federal Funding Page 8 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _____ Josh Chronley Interim Assistant Director, 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. 3448 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E 1/15/2021 Jamie Rossler President Page 1 of 7 ATTACHMENT A: SCOPE OF WORK 4.1. General Requirements The Contractor shall provide all labor, insurance and equipment necessary for the mowing, maintenance and securing of non-code Compliant properties as specified in the following Scope of Work. 4.2. Scope of Work The mowing, maintenance and securing of non-code Compliant properties services provided by the Contractor shall include but will not be limited to mowing, line trimming, edging, tree/brush trimming, removal of debris and securing of vacant and occasionally occupied properties as deemed necessary on a health and safety basis as outlined below: A.Contractor shall cut grass to a length of 1 ½ inches to 2 inches at all designated locations requiring fine mowing and to length of 2 ½ inches to 3 ½’ inches for all designated locations requiring rough mowing. B.Contractor shall remove all trash, debris, cans, bottles, tires, paper and plastic from the grounds and fence lines. After mowing, Contractor shall remove any trash and debris cut up by the mowing process. Contractor must use a push mower and rake where needed. Contractor will not dispose of any trash and debris into dumpsters or accessory structures located on the property. The trash and debris must be removed from the property and disposed of in accordance with City ordinances. If a property has 50 or more tires, a “Whole Used or Scrap Tires Manifest” shall be submitted to the landfill. A receipt of disposal from the City landfill or other Texas Commission Environmental Quality (TCEQ) registered landfill will be required as proof of final and proper disposal. Contractor is required to show work orders or case number to landfill scale personnel to show proof of worksite and avoid disposal fee. A penalty may be imposed for failure to provide proof of receipt and/or payment may be withheld. The receipt of disposal must be attached to the before and after photographs. C.Contractor shall clean and scrape sidewalks, curbs and gutters from accumulation of grass growth, dirt and sand. Contractor shall clean all sidewalks, fence lines, curbs, gutters, street edge, structures, buildings and any wires free from clinging, climbing and crawling grasses, vines, sand, dirt and grass clippings as required in City Code of Ordinance Section 49-10. D.Contractor shall trim all tree limbs that hang lower than seven feet over the sidewalk or ground surface and tree limbs that hang lower than 13 feet over the street. Trees identified for removal must be cut to ground level. DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Page 2 of 7 E.Contractor shall not remove any gas tanks or 55-gallon drums from the property. F.The landfill accepts household hazardous waste labeled and in original containers (antifreeze, solvents, brake fluid, transmission fluid, batteries, cleaning solvents, polishes, oven cleaner, pool chemicals, poisons, paint, paint thinner, paint stripper, spray paint, weed killer, pesticides/insecticides, sprays) and motor oil (in sealed containers no larger than five gallons). G.Contractor shall avoid causing “windrows” when mowing. Windrows occur when a mower goes one direction and causes the grass to lie over because of wheels, etc. This creates rows of grass not cut uniformly. H.Contractor shall avoid improper mowing, including, but not limited to: TERM DESCRIPTION IMAGE Scalping mowing deck comes close to or hits the ground Stepped Cutting sharp ridges left in the lawn surface Stingers [stragglers/flags] sparse patches of uncut grass left behind the mower Streaking thin strips of uncut grass left behind the mower Uneven Cutting wavy or smooth troughs in the lawn surface I.All work completed by Contractor shall be subject to approval by the area Code Compliance Official/Officer or department designee. Code Compliance Official/Officer shall have the right to require the Contractor to re-mow, re-trim, re-edge, re-sweep or re-board properties if the work has not been performed to contract specifications. Properties which have not been abated adequately will be re-done before payment authorization is approved and before additional work orders are issued. Additionally, any work orders already issued to Contractor may be pulled. DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Page 3 of 7 RFQ Revised 4.19.2019 J.Contractor shall meet all the requirements for properly securing a vacant structure as designated in the Vacant Building Ordinance City Code of Ordinances Section 13-3009 Standards for the boarding of a vacant building and painting the wood in accordance with City Code of Ordinances Section 13-3010. K.Contractor shall have an email address to receive and return work orders to the issuing Code Compliance Official/Officer and Code Compliance Supervisor once completed. L.Photographs taken by Contractor are required on each work order issued. 1.For a vacant building, a minimum of eight photographs (before work is started and again after the work is completed) are required to include: a.one photograph from the front (including curb and gutter) before the work is started b.one photograph from the back (including rear yard) before the work is started c.one photograph from each side of the structure before the work is started d.one photograph of each location listed above after the work is completed. 2.For a vacant lot, a minimum of four photographs (before the work is started and again after the work is completed) are required to include: a.one photograph from the front (including curb and gutter) before the work is started b.one photograph including rear of the lot before the work is started c.one photograph of each location listed above after the work is completed. 3.Each photograph is to be taken at the same location and angle as the before pictures. Each photograph shall be labeled with the address, date, “BEFORE” and “AFTER”. If photographs are not submitted at the completion of the job payment may be delayed. All photographs must be clear without the use of filters. M.The Contractor will not mow any property that is less than 12 inches, or when the rightful property owner has already started the mowing/clearing process. Contractor is required to provide photographs of the property: one photograph of the front and one of the back, when submitting a mowed by owner work order. DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Page 4 of 7 N.Contractor will maintain a professional and civil d isposition with all City representatives, City staff members and the general public. Failure to do so may result in the termination of the Contractor’s agreement as determined by the City. O.When emergency services are requested, the Contractor must respond within two hours and complete the work order within four hours. P.Contractor shall possess and display a current Solid Waste Haulers Permit sticker on each vehicle and trailer used for transporting solid waste. (Permit must be renewed by August 1st of each year). Q.Contractor shall have a tarpaulin or cover over the load when transporting solid waste to the landfill or other approved point of disposal. R.In the event of equipment failure that will extend completion of the work order, Contractor must notify the issuing Code Official/Officer and Code Compliance Supervisor. S.Any and all costs, either direct or indirect, associated with or incidental to Contractor’s performance of the services described in this scope of work are the sole responsibility of Contractor and considered to be included in the contract pricing. Such expenses may include, but are not limited to: travel to and from the subject property, execution of the work order, clearing and transporting of debris, storage fees, hauler permit fees, cost of required insurances and etc. T.Contractor must provide supervision of the work to ensure compliance with the contract requirements. U.Contractor shall ensure subcontractors comply with all requirements of this contract, including, but not limited to, those regarding insurance and permits V.Contractor shall remain in full compliance with all requirements. Cancellation or expiration of insurance (unless renewed or secured through another licensed insurance provider) during the contract period will result in automatic disqualification of Contractor and removal from the rotation list. W.Contractor must be equipped with a cellular telephone. Contractor shall furnish the City with a list of Cellular telephone numbers for on -site representatives. This is to provide a means of effective communication between City officials and Contractor’s representative concerning directions, response time, cancellations or problems encountered at the site. X.If there are any questions or problems encountered on a property, Contractor must contact a Code Compliance Supervisor or issuing Code Official/Officer, not the property owner or neighbor. DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Page 5 of 7 4.3. Equipment Requirements Contractor shall have all equipment, in good working order, needed to comply with all requirements of this contract including, but not limited to, the following: A.Push (walk-behind) Mowers B.Large (riding) Mowers C.Edger(s) D.String Trimmer(s) / Weed Eater(s) E.Leaf Blowers / Vacuums F.Tree and Brush Trimming Equipment (bow saws, shears, hedge cutters, etc.) G.Tree Cutting Equipment (chain saw, etc.) H.Trailers (to haul debris) I.Cleaning Equipment (brooms, scrapers, rakes, etc.) J.Masonry (concrete) Tools / Equipment (masonry drill, masonry drill bits, masonry screws/nails, concrete demolition hammer, etc.) K.Other Equipment / Material (CDX exterior grade plywood or oriented strand board ("OSB") with a minimum one -half (½) inch nominal (seven-sixteenths (7/16) inch actual) thickness, one-way screws/fasteners, liquid nails, etc.) 4.4. Ozone Warning Days A.All push mowers, weed eaters, or other small engines shall not be used at all. B.No mowing shall 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 shall be kept to a minimum. However, the City shall retain the right to determine and notify Contractor of any such special event, emergency or liability. C.Diesel powered mowing equipment shall be allowed to operate on the second day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has contacted the City and received permission to proceed with the work order. D.Equipment using reformulated gas shall be allowed to operate on the third day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel is used and Contractor has contacted the City and received permission to proceed with the work order. 4.5. Security Requirements A.Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the work site and replacing fencing if removed by Contractor. DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Page 6 of 7 B.Contractor shall not enter building(s) at any location(s) for any reason without receiving prior approval from the designated Code Compliance Supervisor or Code Compliance Official/Officer. 4.6. Protection of Property A.Contractor shall take proper measures to protect all property from damage by the Contractor’s work, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of Contractor, Contractor shall restore, at Contractor’s own expense, the damaged property to a condition similar or equal to that existing before the damage was done, or Contractor shall make good such injury or damage in an acceptable manner to the City. All damages caused by Contractor which are not repaired or compensated for by Contractor will be repaired or compensated for by the City at the Contractor’s expense. All expenses charged by the City for such repair work or compensation shall be deducted from any monies owed to Contractor under any agreement between the City and Contractor. B.Mowing equipment and/or heavy equipment shall not be permitted on properties when, in the opinion of the Contract Administrator, soil and weather conditions are such that the property will be damaged. Any damage caused by mowing equipment and/or heavy equipment shall be addressed by the Contract Administrator. 4.7. Schedule A.Hours of Operation – Contractor shall perform work Monday through Friday and will be required to be available for weekend assignments as necessary, excluding City recognized holidays. B.Contractor must pick up assigned work orders within two business days when the email server is down. All work orders assigned need to be completed within the specified time period: 1.Five calendar days from date of issue for mowing and clearing lots 2.Five calendar days from date of issue for board ups, unless emergency conditions require immediate attention Work orders not completed on time or within the scope of the specification may result in future work orders or payments being withheld. C.In the event Contractor, does not complete the work order within the required five calendar days of assignment, the City reserves the right to arrange for services from the next Contractor. Contractor’s frequent failure to complete the work described herein may result in disqualification of the Contractor and removal from the rotation list. This decision will be made by the City and is final. D.In the event of equipment failure that will extend work order completion past completion date, Contractor must contact the Contract Administrator or department designee. DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Page 7 of 7 4.8. Contractor Rotation Process A.The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Page 1 of 1 ATTACHMENT B: QUOTE/PRICING SCHEDULE By means of this RFQ, the City will secure qualified Contractors agreeing to the following standard service price schedules, established by the City of Corpus Christi: A.Mowing & Clearing- Vacant Lot Rate Table: LOT SIZE 1 2 3 4 5 6 7 1-5,000 square feet 5,001- 10,000 square feet 10,001- 15,000 square feet 15,001- 20,000 square feet 20,001- 25,000 Square feet 25,001- 30,000 square feet Over 30,000 Square feet Density A $0.013 $0.011 $0.009 $0.007 $0.006 $0.005 To be bid out Density B $0.017 $0.015 $0.013 $0.011 $0.009 $0.007 To be bid out Density C $0.025 $0.022 $0.019 $0.017 $0.015 $0.012 To be bid out NOTE: If the square footage times the price per square foot is less than or equal to $65.00, then the Contractor will be paid $65.00. For lot sizes over 30,000 square feet, the City will solicit bids from the next three qualified Contractors on the rotation list. All bids shall be submitted on the CLEAN UP FORM and/or the BOARD UP FORM (attached). Of the three, the qualified vendor who submits the lowest bid will be awarded that job. The two qualified vendors who do not win the bid will be returned to the rotation list. Density A: Low density vegetation. Density B: Medium density vegetation and/or light debris. Density C: High density vegetation and/or heavy debris Light Debris: Grass clippings, high weeds (12” or higher), leaves, paper and plastic litter items and discarded textiles of all sorts. Moderate Debris: Trash items including, but not limited to, aluminum or tin cans, toys, bottles, old vessels of all sorts, and household items (e.g. dishes, tableware, pots and pans, etc.) Heavy Debris: Appliances, toilets, furniture, tires, tree trunks, tree limbs and branches. B. Other Services: Service Unit Price Tree Trimming (7 ft. from the ground and 13 ft. over the street) $35.00 each Tree Removal $85.00 each Debris Disposal (construction material/brush/furniture/bulky items) $47.10 per ton Concrete Disposal (slab/rubber) $19.81 per ton Securing Structures (Board ups) with contractor provided list $55.00 each opening Disposal fee $10.00 per work order Improper Set Out Fee/ Too Early Set Out $50.00 per work order NOTE: The city reserves the right to change the rates listed above based on changes to fees for disposal of items at the landfill or other conditions that may warrant price changes. Page 1 of 1 DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E 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: 61B620B6-6B2D-411B-9171-9940A94F892E 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. Page 2 of 3 DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement 3448, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. Page 3 of 3 DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Page 1of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 3448, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E DocuSign Envelope ID: 61B620B6-6B2D-411B-9171-9940A94F892E Service Agreement Standard Form – Federal Funding Page 1 of 8 SERVICE AGREEMENT NO. 3449 Mowing and Securing of Non-Code Compliant Properties CDBG Funded THIS Mowing and Securing of Non-Code Compliant Properties CDBG Funded Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Dexter Charles Rhines Jr., dba D.R. Lawn Maintenance (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Securing of Non-Code Compliant Properties CDBG Funded in response to Request for Bid/Proposal No. 3449 (“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 and Securing of Non-Code Complaint Properties CDBG Funded (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. 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 $80,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Service Agreement Standard Form – Federal Funding Page 2 of 8 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: Liza Lopez Department: Code Enforcement Phone: 361-826-3170 Email: LizaC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Service Agreement Standard Form – Federal Funding Page 3 of 8 release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (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: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Service Agreement Standard Form – Federal Funding Page 4 of 8 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. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Liza Lopez Title: Code Compliance Program Manager Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: 361-826-3170 Fax: N/A IF TO CONTRACTOR: Dexter Charles Rhines Jr., dba D.R. Lawn Maintenance Attn: Dexter Rhines Title: Owner Address: 5833 Loire Blvd., Corpus Christi, Texas 78414 Phone: 361-443-2000 Fax: N/A DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Service Agreement Standard Form – Federal Funding 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. 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 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Service Agreement Standard Form – Federal Funding Page 6 of 8 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 agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Service Agreement Standard Form – Federal Funding Page 7 of 8 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 by relevant 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 FEMA, the FAA, or their designees 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: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Service Agreement Standard Form – Federal Funding Page 8 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _____ Josh Chronley Interim Assistant Director, 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. 3449 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Dexter C. Rhines Jr. Owner 1/15/2021 Page 1 of 7 ATTACHMENT A: SCOPE OF WORK 4.1. General Requirements The Contractor shall provide all labor, insurance and equipment necessary for the mowing, maintenance and securing of non-code Compliant properties as specified in the following Scope of Work. 4.2. Scope of Work The mowing, maintenance and securing of non-code Compliant properties services provided by the Contractor shall include but will not be limited to mowing, line trimming, edging, tree/brush trimming, removal of debris and securing of vacant and occasionally occupied properties as deemed necessary on a health and safety basis as outlined below: A.Contractor shall cut grass to a length of 1 ½ inches to 2 inches at all designated locations requiring fine mowing and to length of 2 ½ inches to 3 ½’ inches for all designated locations requiring rough mowing. B.Contractor shall remove all trash, debris, cans, bottles, tires, paper and plastic from the grounds and fence lines. After mowing, Contractor shall remove any trash and debris cut up by the mowing process. Contractor must use a push mower and rake where needed. Contractor will not dispose of any trash and debris into dumpsters or accessory structures located on the property. The trash and debris must be removed from the property and disposed of in accordance with City ordinances. If a property has 50 or more tires, a “Whole Used or Scrap Tires Manifest” shall be submitted to the landfill. A receipt of disposal from the City landfill or other Texas Commission Environmental Quality (TCEQ) registered landfill will be required as proof of final and proper disposal. Contractor is required to show work orders or case number to landfill scale personnel to show proof of worksite and avoid disposal fee. A penalty may be imposed for failure to provide proof of receipt and/or payment may be withheld. The receipt of disposal must be attached to the before and after photographs. C.Contractor shall clean and scrape sidewalks, curbs and gutters from accumulation of grass growth, dirt and sand. Contractor shall clean all sidewalks, fence lines, curbs, gutters, street edge, structures, buildings and any wires free from clinging, climbing and crawling grasses, vines, sand, dirt and grass clippings as required in City Code of Ordinance Section 49-10. D.Contractor shall trim all tree limbs that hang lower than seven feet over the sidewalk or ground surface and tree limbs that hang lower than 13 feet over the street. Trees identified for removal must be cut to ground level. DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Page 2 of 7 E.Contractor shall not remove any gas tanks or 55-gallon drums from the property. F.The landfill accepts household hazardous waste labeled and in original containers (antifreeze, solvents, brake fluid, transmission fluid, batteries, cleaning solvents, polishes, oven cleaner, pool chemicals, poisons, paint, paint thinner, paint stripper, spray paint, weed killer, pesticides/insecticides, sprays) and motor oil (in sealed containers no larger than five gallons). G.Contractor shall avoid causing “windrows” when mowing. Windrows occur when a mower goes one direction and causes the grass to lie over because of wheels, etc. This creates rows of grass not cut uniformly. H.Contractor shall avoid improper mowing, including, but not limited to: TERM DESCRIPTION IMAGE Scalping mowing deck comes close to or hits the ground Stepped Cutting sharp ridges left in the lawn surface Stingers [stragglers/flags] sparse patches of uncut grass left behind the mower Streaking thin strips of uncut grass left behind the mower Uneven Cutting wavy or smooth troughs in the lawn surface I.All work completed by Contractor shall be subject to approval by the area Code Compliance Official/Officer or department designee. Code Compliance Official/Officer shall have the right to require the Contractor to re-mow, re-trim, re-edge, re-sweep or re-board properties if the work has not been performed to contract specifications. Properties which have not been abated adequately will be re-done before payment authorization is approved and before additional work orders are issued. Additionally, any work orders already issued to Contractor may be pulled. DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Page 3 of 7 RFQ Revised 4.19.2019 J.Contractor shall meet all the requirements for properly securing a vacant structure as designated in the Vacant Building Ordinance City Code of Ordinances Section 13-3009 Standards for the boarding of a vacant building and painting the wood in accordance with City Code of Ordinances Section 13-3010. K.Contractor shall have an email address to receive and return work orders to the issuing Code Compliance Official/Officer and Code Compliance Supervisor once completed. L.Photographs taken by Contractor are required on each work order issued. 1.For a vacant building, a minimum of eight photographs (before work is started and again after the work is completed) are required to include: a.one photograph from the front (including curb and gutter) before the work is started b.one photograph from the back (including rear yard) before the work is started c.one photograph from each side of the structure before the work is started d.one photograph of each location listed above after the work is completed. 2.For a vacant lot, a minimum of four photographs (before the work is started and again after the work is completed) are required to include: a.one photograph from the front (including curb and gutter) before the work is started b.one photograph including rear of the lot before the work is started c.one photograph of each location listed above after the work is completed. 3.Each photograph is to be taken at the same location and angle as the before pictures. Each photograph shall be labeled with the address, date, “BEFORE” and “AFTER”. If photographs are not submitted at the completion of the job payment may be delayed. All photographs must be clear without the use of filters. M.The Contractor will not mow any property that is less than 12 inches, or when the rightful property owner has already started the mowing/clearing process. Contractor is required to provide photographs of the property: one photograph of the front and one of the back, when submitting a mowed by owner work order. DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Page 4 of 7 N.Contractor will maintain a professional and civil d isposition with all City representatives, City staff members and the general public. Failure to do so may result in the termination of the Contractor’s agreement as determined by the City. O.When emergency services are requested, the Contractor must respond within two hours and complete the work order within four hours. P.Contractor shall possess and display a current Solid Waste Haulers Permit sticker on each vehicle and trailer used for transporting solid waste. (Permit must be renewed by August 1st of each year). Q.Contractor shall have a tarpaulin or cover over the load when transporting solid waste to the landfill or other approved point of disposal. R.In the event of equipment failure that will extend completion of the work order, Contractor must notify the issuing Code Official/Officer and Code Compliance Supervisor. S.Any and all costs, either direct or indirect, associated with or incidental to Contractor’s performance of the services described in this scope of work are the sole responsibility of Contractor and considered to be included in the contract pricing. Such expenses may include, but are not limited to: travel to and from the subject property, execution of the work order, clearing and transporting of debris, storage fees, hauler permit fees, cost of required insurances and etc. T.Contractor must provide supervision of the work to ensure compliance with the contract requirements. U.Contractor shall ensure subcontractors comply with all requirements of this contract, including, but not limited to, those regarding insurance and permits V.Contractor shall remain in full compliance with all requirements. Cancellation or expiration of insurance (unless renewed or secured through another licensed insurance provider) during the contract period will result in automatic disqualification of Contractor and removal from the rotation list. W.Contractor must be equipped with a cellular telephone. Contractor shall furnish the City with a list of Cellular telephone numbers for on -site representatives. This is to provide a means of effective communication between City officials and Contractor’s representative concerning directions, response time, cancellations or problems encountered at the site. X.If there are any questions or problems encountered on a property, Contractor must contact a Code Compliance Supervisor or issuing Code Official/Officer, not the property owner or neighbor. DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Page 5 of 7 4.3. Equipment Requirements Contractor shall have all equipment, in good working order, needed to comply with all requirements of this contract including, but not limited to, the following: A.Push (walk-behind) Mowers B.Large (riding) Mowers C.Edger(s) D.String Trimmer(s) / Weed Eater(s) E.Leaf Blowers / Vacuums F.Tree and Brush Trimming Equipment (bow saws, shears, hedge cutters, etc.) G.Tree Cutting Equipment (chain saw, etc.) H.Trailers (to haul debris) I.Cleaning Equipment (brooms, scrapers, rakes, etc.) J.Masonry (concrete) Tools / Equipment (masonry drill, masonry drill bits, masonry screws/nails, concrete demolition hammer, etc.) K.Other Equipment / Material (CDX exterior grade plywood or oriented strand board ("OSB") with a minimum one -half (½) inch nominal (seven-sixteenths (7/16) inch actual) thickness, one-way screws/fasteners, liquid nails, etc.) 4.4. Ozone Warning Days A.All push mowers, weed eaters, or other small engines shall not be used at all. B.No mowing shall 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 shall be kept to a minimum. However, the City shall retain the right to determine and notify Contractor of any such special event, emergency or liability. C.Diesel powered mowing equipment shall be allowed to operate on the second day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has contacted the City and received permission to proceed with the work order. D.Equipment using reformulated gas shall be allowed to operate on the third day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel is used and Contractor has contacted the City and received permission to proceed with the work order. 4.5. Security Requirements A.Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the work site and replacing fencing if removed by Contractor. DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Page 6 of 7 B.Contractor shall not enter building(s) at any location(s) for any reason without receiving prior approval from the designated Code Compliance Supervisor or Code Compliance Official/Officer. 4.6. Protection of Property A.Contractor shall take proper measures to protect all property from damage by the Contractor’s work, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of Contractor, Contractor shall restore, at Contractor’s own expense, the damaged property to a condition similar or equal to that existing before the damage was done, or Contractor shall make good such injury or damage in an acceptable manner to the City. All damages caused by Contractor which are not repaired or compensated for by Contractor will be repaired or compensated for by the City at the Contractor’s expense. All expenses charged by the City for such repair work or compensation shall be deducted from any monies owed to Contractor under any agreement between the City and Contractor. B.Mowing equipment and/or heavy equipment shall not be permitted on properties when, in the opinion of the Contract Administrator, soil and weather conditions are such that the property will be damaged. Any damage caused by mowing equipment and/or heavy equipment shall be addressed by the Contract Administrator. 4.7. Schedule A.Hours of Operation – Contractor shall perform work Monday through Friday and will be required to be available for weekend assignments as necessary, excluding City recognized holidays. B.Contractor must pick up assigned work orders within two business days when the email server is down. All work orders assigned need to be completed within the specified time period: 1.Five calendar days from date of issue for mowing and clearing lots 2.Five calendar days from date of issue for board ups, unless emergency conditions require immediate attention Work orders not completed on time or within the scope of the specification may result in future work orders or payments being withheld. C.In the event Contractor, does not complete the work order within the required five calendar days of assignment, the City reserves the right to arrange for services from the next Contractor. Contractor’s frequent failure to complete the work described herein may result in disqualification of the Contractor and removal from the rotation list. This decision will be made by the City and is final. D.In the event of equipment failure that will extend work order completion past completion date, Contractor must contact the Contract Administrator or department designee. DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Page 7 of 7 4.8. Contractor Rotation Process A.The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Page 1 of 1 ATTACHMENT B: QUOTE/PRICING SCHEDULE By means of this RFQ, the City will secure qualified Contractors agreeing to the following standard service price schedules, established by the City of Corpus Christi: A.Mowing & Clearing- Vacant Lot Rate Table: LOT SIZE 1 2 3 4 5 6 7 1-5,000 square feet 5,001- 10,000 square feet 10,001- 15,000 square feet 15,001- 20,000 square feet 20,001- 25,000 Square feet 25,001- 30,000 square feet Over 30,000 Square feet Density A $0.013 $0.011 $0.009 $0.007 $0.006 $0.005 To be bid out Density B $0.017 $0.015 $0.013 $0.011 $0.009 $0.007 To be bid out Density C $0.025 $0.022 $0.019 $0.017 $0.015 $0.012 To be bid out NOTE: If the square footage times the price per square foot is less than or equal to $65.00, then the Contractor will be paid $65.00. For lot sizes over 30,000 square feet, the City will solicit bids from the next three qualified Contractors on the rotation list. All bids shall be submitted on the CLEAN UP FORM and/or the BOARD UP FORM (attached). Of the three, the qualified vendor who submits the lowest bid will be awarded that job. The two qualified vendors who do not win the bid will be returned to the rotation list. Density A: Low density vegetation. Density B: Medium density vegetation and/or light debris. Density C: High density vegetation and/or heavy debris Light Debris: Grass clippings, high weeds (12” or higher), leaves, paper and plastic litter items and discarded textiles of all sorts. Moderate Debris: Trash items including, but not limited to, aluminum or tin cans, toys, bottles, old vessels of all sorts, and household items (e.g. dishes, tableware, pots and pans, etc.) Heavy Debris: Appliances, toilets, furniture, tires, tree trunks, tree limbs and branches. B. Other Services: Service Unit Price Tree Trimming (7 ft. from the ground and 13 ft. over the street) $35.00 each Tree Removal $85.00 each Debris Disposal (construction material/brush/furniture/bulky items) $47.10 per ton Concrete Disposal (slab/rubber) $19.81 per ton Securing Structures (Board ups) with contractor provided list $55.00 each opening Disposal fee $10.00 per work order Improper Set Out Fee/ Too Early Set Out $50.00 per work order NOTE: The city reserves the right to change the rates listed above based on changes to fees for disposal of items at the landfill or other conditions that may warrant price changes. Page 1 of 1 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 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: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 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. Page 2 of 3 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement 3449, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. Page 3 of 3 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 3449, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 DocuSign Envelope ID: 9DE74F6A-ED5D-4945-88CA-AC62A2BD2DD9 Service Agreement Standard Form – Federal Funding Page 1 of 8 SERVICE AGREEMENT NO. 3299 Mowing and Securing of Non-Code Compliant Properties CDBG Funded THIS Mowing and Securing of Non-Code Compliant Properties CDBG Funded Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and J.M. Perez and Grandsons LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Securing of Non-Code Compliant Properties CDBG Funded in response to Request for Bid/Proposal No. 3299 (“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 and Securing of Non-Code Complaint Properties CDBG Funded (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. 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 $80,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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: 17ADEE75-103F-4196-A9E4-27CACE070B2B Service Agreement Standard Form – Federal Funding Page 2 of 8 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: Liza Lopez Department: Code Enforcement Phone: 361-826-3170 Email: LizaC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Service Agreement Standard Form – Federal Funding Page 3 of 8 release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (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: 17ADEE75-103F-4196-A9E4-27CACE070B2B Service Agreement Standard Form – Federal Funding Page 4 of 8 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. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Liza Lopez Title: Code Compliance Program Manager Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: 361-826-3170 Fax: N/A IF TO CONTRACTOR: J.M. Perez and Grandsons LLC Attn: Joe M. Perez Title: Owner Address: 907 Marriott Drive, Portland, Texas 78374 Phone: 361-633-1754 Fax: N/A DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Service Agreement Standard Form – Federal Funding 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. 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 DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Service Agreement Standard Form – Federal Funding Page 6 of 8 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 agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Service Agreement Standard Form – Federal Funding Page 7 of 8 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 by relevant 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 FEMA, the FAA, or their designees 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: 17ADEE75-103F-4196-A9E4-27CACE070B2B Service Agreement Standard Form – Federal Funding Page 8 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _____ Josh Chronley Interim Assistant Director, 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. 3299 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Owner 1/15/2021 Joe Perez Page 1 of 7 ATTACHMENT A: SCOPE OF WORK 4.1. General Requirements The Contractor shall provide all labor, insurance and equipment necessary for the mowing, maintenance and securing of non-code Compliant properties as specified in the following Scope of Work. 4.2. Scope of Work The mowing, maintenance and securing of non-code Compliant properties services provided by the Contractor shall include but will not be limited to mowing, line trimming, edging, tree/brush trimming, removal of debris and securing of vacant and occasionally occupied properties as deemed necessary on a health and safety basis as outlined below: A.Contractor shall cut grass to a length of 1 ½ inches to 2 inches at all designated locations requiring fine mowing and to length of 2 ½ inches to 3 ½’ inches for all designated locations requiring rough mowing. B.Contractor shall remove all trash, debris, cans, bottles, tires, paper and plastic from the grounds and fence lines. After mowing, Contractor shall remove any trash and debris cut up by the mowing process. Contractor must use a push mower and rake where needed. Contractor will not dispose of any trash and debris into dumpsters or accessory structures located on the property. The trash and debris must be removed from the property and disposed of in accordance with City ordinances. If a property has 50 or more tires, a “Whole Used or Scrap Tires Manifest” shall be submitted to the landfill. A receipt of disposal from the City landfill or other Texas Commission Environmental Quality (TCEQ) registered landfill will be required as proof of final and proper disposal. Contractor is required to show work orders or case number to landfill scale personnel to show proof of worksite and avoid disposal fee. A penalty may be imposed for failure to provide proof of receipt and/or payment may be withheld. The receipt of disposal must be attached to the before and after photographs. C.Contractor shall clean and scrape sidewalks, curbs and gutters from accumulation of grass growth, dirt and sand. Contractor shall clean all sidewalks, fence lines, curbs, gutters, street edge, structures, buildings and any wires free from clinging, climbing and crawling grasses, vines, sand, dirt and grass clippings as required in City Code of Ordinance Section 49-10. D.Contractor shall trim all tree limbs that hang lower than seven feet over the sidewalk or ground surface and tree limbs that hang lower than 13 feet over the street. Trees identified for removal must be cut to ground level. DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Page 2 of 7 E.Contractor shall not remove any gas tanks or 55-gallon drums from the property. F.The landfill accepts household hazardous waste labeled and in original containers (antifreeze, solvents, brake fluid, transmission fluid, batteries, cleaning solvents, polishes, oven cleaner, pool chemicals, poisons, paint, paint thinner, paint stripper, spray paint, weed killer, pesticides/insecticides, sprays) and motor oil (in sealed containers no larger than five gallons). G.Contractor shall avoid causing “windrows” when mowing. Windrows occur when a mower goes one direction and causes the grass to lie over because of wheels, etc. This creates rows of grass not cut uniformly. H.Contractor shall avoid improper mowing, including, but not limited to: TERM DESCRIPTION IMAGE Scalping mowing deck comes close to or hits the ground Stepped Cutting sharp ridges left in the lawn surface Stingers [stragglers/flags] sparse patches of uncut grass left behind the mower Streaking thin strips of uncut grass left behind the mower Uneven Cutting wavy or smooth troughs in the lawn surface I.All work completed by Contractor shall be subject to approval by the area Code Compliance Official/Officer or department designee. Code Compliance Official/Officer shall have the right to require the Contractor to re-mow, re-trim, re-edge, re-sweep or re-board properties if the work has not been performed to contract specifications. Properties which have not been abated adequately will be re-done before payment authorization is approved and before additional work orders are issued. Additionally, any work orders already issued to Contractor may be pulled. DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Page 3 of 7 RFQ Revised 4.19.2019 J.Contractor shall meet all the requirements for properly securing a vacant structure as designated in the Vacant Building Ordinance City Code of Ordinances Section 13-3009 Standards for the boarding of a vacant building and painting the wood in accordance with City Code of Ordinances Section 13-3010. K.Contractor shall have an email address to receive and return work orders to the issuing Code Compliance Official/Officer and Code Compliance Supervisor once completed. L.Photographs taken by Contractor are required on each work order issued. 1.For a vacant building, a minimum of eight photographs (before work is started and again after the work is completed) are required to include: a.one photograph from the front (including curb and gutter) before the work is started b.one photograph from the back (including rear yard) before the work is started c.one photograph from each side of the structure before the work is started d.one photograph of each location listed above after the work is completed. 2.For a vacant lot, a minimum of four photographs (before the work is started and again after the work is completed) are required to include: a.one photograph from the front (including curb and gutter) before the work is started b.one photograph including rear of the lot before the work is started c.one photograph of each location listed above after the work is completed. 3.Each photograph is to be taken at the same location and angle as the before pictures. Each photograph shall be labeled with the address, date, “BEFORE” and “AFTER”. If photographs are not submitted at the completion of the job payment may be delayed. All photographs must be clear without the use of filters. M.The Contractor will not mow any property that is less than 12 inches, or when the rightful property owner has already started the mowing/clearing process. Contractor is required to provide photographs of the property: one photograph of the front and one of the back, when submitting a mowed by owner work order. DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Page 4 of 7 N.Contractor will maintain a professional and civil d isposition with all City representatives, City staff members and the general public. Failure to do so may result in the termination of the Contractor’s agreement as determined by the City. O.When emergency services are requested, the Contractor must respond within two hours and complete the work order within four hours. P.Contractor shall possess and display a current Solid Waste Haulers Permit sticker on each vehicle and trailer used for transporting solid waste. (Permit must be renewed by August 1st of each year). Q.Contractor shall have a tarpaulin or cover over the load when transporting solid waste to the landfill or other approved point of disposal. R.In the event of equipment failure that will extend completion of the work order, Contractor must notify the issuing Code Official/Officer and Code Compliance Supervisor. S.Any and all costs, either direct or indirect, associated with or incidental to Contractor’s performance of the services described in this scope of work are the sole responsibility of Contractor and considered to be included in the contract pricing. Such expenses may include, but are not limited to: travel to and from the subject property, execution of the work order, clearing and transporting of debris, storage fees, hauler permit fees, cost of required insurances and etc. T.Contractor must provide supervision of the work to ensure compliance with the contract requirements. U.Contractor shall ensure subcontractors comply with all requirements of this contract, including, but not limited to, those regarding insurance and permits V.Contractor shall remain in full compliance with all requirements. Cancellation or expiration of insurance (unless renewed or secured through another licensed insurance provider) during the contract period will result in automatic disqualification of Contractor and removal from the rotation list. W.Contractor must be equipped with a cellular telephone. Contractor shall furnish the City with a list of Cellular telephone numbers for on -site representatives. This is to provide a means of effective communication between City officials and Contractor’s representative concerning directions, response time, cancellations or problems encountered at the site. X.If there are any questions or problems encountered on a property, Contractor must contact a Code Compliance Supervisor or issuing Code Official/Officer, not the property owner or neighbor. DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Page 5 of 7 4.3. Equipment Requirements Contractor shall have all equipment, in good working order, needed to comply with all requirements of this contract including, but not limited to, the following: A.Push (walk-behind) Mowers B.Large (riding) Mowers C.Edger(s) D.String Trimmer(s) / Weed Eater(s) E.Leaf Blowers / Vacuums F.Tree and Brush Trimming Equipment (bow saws, shears, hedge cutters, etc.) G.Tree Cutting Equipment (chain saw, etc.) H.Trailers (to haul debris) I.Cleaning Equipment (brooms, scrapers, rakes, etc.) J.Masonry (concrete) Tools / Equipment (masonry drill, masonry drill bits, masonry screws/nails, concrete demolition hammer, etc.) K.Other Equipment / Material (CDX exterior grade plywood or oriented strand board ("OSB") with a minimum one -half (½) inch nominal (seven-sixteenths (7/16) inch actual) thickness, one-way screws/fasteners, liquid nails, etc.) 4.4. Ozone Warning Days A.All push mowers, weed eaters, or other small engines shall not be used at all. B.No mowing shall 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 shall be kept to a minimum. However, the City shall retain the right to determine and notify Contractor of any such special event, emergency or liability. C.Diesel powered mowing equipment shall be allowed to operate on the second day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has contacted the City and received permission to proceed with the work order. D.Equipment using reformulated gas shall be allowed to operate on the third day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel is used and Contractor has contacted the City and received permission to proceed with the work order. 4.5. Security Requirements A.Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the work site and replacing fencing if removed by Contractor. DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Page 6 of 7 B.Contractor shall not enter building(s) at any location(s) for any reason without receiving prior approval from the designated Code Compliance Supervisor or Code Compliance Official/Officer. 4.6. Protection of Property A.Contractor shall take proper measures to protect all property from damage by the Contractor’s work, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of Contractor, Contractor shall restore, at Contractor’s own expense, the damaged property to a condition similar or equal to that existing before the damage was done, or Contractor shall make good such injury or damage in an acceptable manner to the City. All damages caused by Contractor which are not repaired or compensated for by Contractor will be repaired or compensated for by the City at the Contractor’s expense. All expenses charged by the City for such repair work or compensation shall be deducted from any monies owed to Contractor under any agreement between the City and Contractor. B.Mowing equipment and/or heavy equipment shall not be permitted on properties when, in the opinion of the Contract Administrator, soil and weather conditions are such that the property will be damaged. Any damage caused by mowing equipment and/or heavy equipment shall be addressed by the Contract Administrator. 4.7. Schedule A.Hours of Operation – Contractor shall perform work Monday through Friday and will be required to be available for weekend assignments as necessary, excluding City recognized holidays. B.Contractor must pick up assigned work orders within two business days when the email server is down. All work orders assigned need to be completed within the specified time period: 1.Five calendar days from date of issue for mowing and clearing lots 2.Five calendar days from date of issue for board ups, unless emergency conditions require immediate attention Work orders not completed on time or within the scope of the specification may result in future work orders or payments being withheld. C.In the event Contractor, does not complete the work order within the required five calendar days of assignment, the City reserves the right to arrange for services from the next Contractor. Contractor’s frequent failure to complete the work described herein may result in disqualification of the Contractor and removal from the rotation list. This decision will be made by the City and is final. D.In the event of equipment failure that will extend work order completion past completion date, Contractor must contact the Contract Administrator or department designee. DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Page 7 of 7 4.8. Contractor Rotation Process A.The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Page 1 of 1 ATTACHMENT B: QUOTE/PRICING SCHEDULE By means of this RFQ, the City will secure qualified Contractors agreeing to the following standard service price schedules, established by the City of Corpus Christi: A.Mowing & Clearing- Vacant Lot Rate Table: LOT SIZE 1 2 3 4 5 6 7 1-5,000 square feet 5,001- 10,000 square feet 10,001- 15,000 square feet 15,001- 20,000 square feet 20,001- 25,000 Square feet 25,001- 30,000 square feet Over 30,000 Square feet Density A $0.013 $0.011 $0.009 $0.007 $0.006 $0.005 To be bid out Density B $0.017 $0.015 $0.013 $0.011 $0.009 $0.007 To be bid out Density C $0.025 $0.022 $0.019 $0.017 $0.015 $0.012 To be bid out NOTE: If the square footage times the price per square foot is less than or equal to $65.00, then the Contractor will be paid $65.00. For lot sizes over 30,000 square feet, the City will solicit bids from the next three qualified Contractors on the rotation list. All bids shall be submitted on the CLEAN UP FORM and/or the BOARD UP FORM (attached). Of the three, the qualified vendor who submits the lowest bid will be awarded that job. The two qualified vendors who do not win the bid will be returned to the rotation list. Density A: Low density vegetation. Density B: Medium density vegetation and/or light debris. Density C: High density vegetation and/or heavy debris Light Debris: Grass clippings, high weeds (12” or higher), leaves, paper and plastic litter items and discarded textiles of all sorts. Moderate Debris: Trash items including, but not limited to, aluminum or tin cans, toys, bottles, old vessels of all sorts, and household items (e.g. dishes, tableware, pots and pans, etc.) Heavy Debris: Appliances, toilets, furniture, tires, tree trunks, tree limbs and branches. B. Other Services: Service Unit Price Tree Trimming (7 ft. from the ground and 13 ft. over the street) $35.00 each Tree Removal $85.00 each Debris Disposal (construction material/brush/furniture/bulky items) $47.10 per ton Concrete Disposal (slab/rubber) $19.81 per ton Securing Structures (Board ups) with contractor provided list $55.00 each opening Disposal fee $10.00 per work order Improper Set Out Fee/ Too Early Set Out $50.00 per work order NOTE: The city reserves the right to change the rates listed above based on changes to fees for disposal of items at the landfill or other conditions that may warrant price changes. Page 1 of 1 DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B 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: 17ADEE75-103F-4196-A9E4-27CACE070B2B 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. Page 2 of 3 DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement 3299, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. Page 3 of 3 DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 3299, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B DocuSign Envelope ID: 17ADEE75-103F-4196-A9E4-27CACE070B2B Service Agreement Standard Form – Federal Funding Page 1 of 8 SERVICE AGREEMENT NO. 3450 Mowing and Securing of Non-Code Compliant Properties CDBG Funded THIS Mowing and Securing of Non-Code Compliant Properties CDBG Funded Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and TurnKey Lawn Care & Services, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Securing of Non-Code Compliant Properties CDBG Funded in response to Request for Bid/Proposal No. 3450 (“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 and Securing of Non-Code Complaint Properties CDBG Funded (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. 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 $80,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Service Agreement Standard Form – Federal Funding Page 2 of 8 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: Liza Lopez Department: Code Enforcement Phone: 361-826-3170 Email: LizaC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Service Agreement Standard Form – Federal Funding Page 3 of 8 release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (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: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Service Agreement Standard Form – Federal Funding Page 4 of 8 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. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Liza Lopez Title: Code Compliance Program Manager Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: 361-826-3170 Fax: N/A IF TO CONTRACTOR: TurnKey Lawn Care & Services, LLC Attn: Greg Webb Title: Partner/Owner Address: 615 S. Upper Broadway, Corpus Christi, Texas 78401 Phone: 361-533-1311 Fax: N/A DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Service Agreement Standard Form – Federal Funding 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. 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 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Service Agreement Standard Form – Federal Funding Page 6 of 8 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 agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Service Agreement Standard Form – Federal Funding Page 7 of 8 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 by relevant 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 FEMA, the FAA, or their designees 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: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Service Agreement Standard Form – Federal Funding Page 8 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _____ Josh Chronley Interim Assistant Director, 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. 3450 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Chief Financial Officer Shelly Webb 1/15/2021 Page 1 of 7 ATTACHMENT A: SCOPE OF WORK 4.1. General Requirements The Contractor shall provide all labor, insurance and equipment necessary for the mowing, maintenance and securing of non-code Compliant properties as specified in the following Scope of Work. 4.2. Scope of Work The mowing, maintenance and securing of non-code Compliant properties services provided by the Contractor shall include but will not be limited to mowing, line trimming, edging, tree/brush trimming, removal of debris and securing of vacant and occasionally occupied properties as deemed necessary on a health and safety basis as outlined below: A.Contractor shall cut grass to a length of 1 ½ inches to 2 inches at all designated locations requiring fine mowing and to length of 2 ½ inches to 3 ½’ inches for all designated locations requiring rough mowing. B.Contractor shall remove all trash, debris, cans, bottles, tires, paper and plastic from the grounds and fence lines. After mowing, Contractor shall remove any trash and debris cut up by the mowing process. Contractor must use a push mower and rake where needed. Contractor will not dispose of any trash and debris into dumpsters or accessory structures located on the property. The trash and debris must be removed from the property and disposed of in accordance with City ordinances. If a property has 50 or more tires, a “Whole Used or Scrap Tires Manifest” shall be submitted to the landfill. A receipt of disposal from the City landfill or other Texas Commission Environmental Quality (TCEQ) registered landfill will be required as proof of final and proper disposal. Contractor is required to show work orders or case number to landfill scale personnel to show proof of worksite and avoid disposal fee. A penalty may be imposed for failure to provide proof of receipt and/or payment may be withheld. The receipt of disposal must be attached to the before and after photographs. C.Contractor shall clean and scrape sidewalks, curbs and gutters from accumulation of grass growth, dirt and sand. Contractor shall clean all sidewalks, fence lines, curbs, gutters, street edge, structures, buildings and any wires free from clinging, climbing and crawling grasses, vines, sand, dirt and grass clippings as required in City Code of Ordinance Section 49-10. D.Contractor shall trim all tree limbs that hang lower than seven feet over the sidewalk or ground surface and tree limbs that hang lower than 13 feet over the street. Trees identified for removal must be cut to ground level. DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Page 2 of 7 E.Contractor shall not remove any gas tanks or 55-gallon drums from the property. F.The landfill accepts household hazardous waste labeled and in original containers (antifreeze, solvents, brake fluid, transmission fluid, batteries, cleaning solvents, polishes, oven cleaner, pool chemicals, poisons, paint, paint thinner, paint stripper, spray paint, weed killer, pesticides/insecticides, sprays) and motor oil (in sealed containers no larger than five gallons). G.Contractor shall avoid causing “windrows” when mowing. Windrows occur when a mower goes one direction and causes the grass to lie over because of wheels, etc. This creates rows of grass not cut uniformly. H.Contractor shall avoid improper mowing, including, but not limited to: TERM DESCRIPTION IMAGE Scalping mowing deck comes close to or hits the ground Stepped Cutting sharp ridges left in the lawn surface Stingers [stragglers/flags] sparse patches of uncut grass left behind the mower Streaking thin strips of uncut grass left behind the mower Uneven Cutting wavy or smooth troughs in the lawn surface I.All work completed by Contractor shall be subject to approval by the area Code Compliance Official/Officer or department designee. Code Compliance Official/Officer shall have the right to require the Contractor to re-mow, re-trim, re-edge, re-sweep or re-board properties if the work has not been performed to contract specifications. Properties which have not been abated adequately will be re-done before payment authorization is approved and before additional work orders are issued. Additionally, any work orders already issued to Contractor may be pulled. DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Page 3 of 7 RFQ Revised 4.19.2019 J.Contractor shall meet all the requirements for properly securing a vacant structure as designated in the Vacant Building Ordinance City Code of Ordinances Section 13-3009 Standards for the boarding of a vacant building and painting the wood in accordance with City Code of Ordinances Section 13-3010. K.Contractor shall have an email address to receive and return work orders to the issuing Code Compliance Official/Officer and Code Compliance Supervisor once completed. L.Photographs taken by Contractor are required on each work order issued. 1.For a vacant building, a minimum of eight photographs (before work is started and again after the work is completed) are required to include: a.one photograph from the front (including curb and gutter) before the work is started b.one photograph from the back (including rear yard) before the work is started c.one photograph from each side of the structure before the work is started d.one photograph of each location listed above after the work is completed. 2.For a vacant lot, a minimum of four photographs (before the work is started and again after the work is completed) are required to include: a.one photograph from the front (including curb and gutter) before the work is started b.one photograph including rear of the lot before the work is started c.one photograph of each location listed above after the work is completed. 3.Each photograph is to be taken at the same location and angle as the before pictures. Each photograph shall be labeled with the address, date, “BEFORE” and “AFTER”. If photographs are not submitted at the completion of the job payment may be delayed. All photographs must be clear without the use of filters. M.The Contractor will not mow any property that is less than 12 inches, or when the rightful property owner has already started the mowing/clearing process. Contractor is required to provide photographs of the property: one photograph of the front and one of the back, when submitting a mowed by owner work order. DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Page 4 of 7 N.Contractor will maintain a professional and civil d isposition with all City representatives, City staff members and the general public. Failure to do so may result in the termination of the Contractor’s agreement as determined by the City. O.When emergency services are requested, the Contractor must respond within two hours and complete the work order within four hours. P.Contractor shall possess and display a current Solid Waste Haulers Permit sticker on each vehicle and trailer used for transporting solid waste. (Permit must be renewed by August 1st of each year). Q.Contractor shall have a tarpaulin or cover over the load when transporting solid waste to the landfill or other approved point of disposal. R.In the event of equipment failure that will extend completion of the work order, Contractor must notify the issuing Code Official/Officer and Code Compliance Supervisor. S.Any and all costs, either direct or indirect, associated with or incidental to Contractor’s performance of the services described in this scope of work are the sole responsibility of Contractor and considered to be included in the contract pricing. Such expenses may include, but are not limited to: travel to and from the subject property, execution of the work order, clearing and transporting of debris, storage fees, hauler permit fees, cost of required insurances and etc. T.Contractor must provide supervision of the work to ensure compliance with the contract requirements. U.Contractor shall ensure subcontractors comply with all requirements of this contract, including, but not limited to, those regarding insurance and permits V.Contractor shall remain in full compliance with all requirements. Cancellation or expiration of insurance (unless renewed or secured through another licensed insurance provider) during the contract period will result in automatic disqualification of Contractor and removal from the rotation list. W.Contractor must be equipped with a cellular telephone. Contractor shall furnish the City with a list of Cellular telephone numbers for on -site representatives. This is to provide a means of effective communication between City officials and Contractor’s representative concerning directions, response time, cancellations or problems encountered at the site. X.If there are any questions or problems encountered on a property, Contractor must contact a Code Compliance Supervisor or issuing Code Official/Officer, not the property owner or neighbor. DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Page 5 of 7 4.3. Equipment Requirements Contractor shall have all equipment, in good working order, needed to comply with all requirements of this contract including, but not limited to, the following: A.Push (walk-behind) Mowers B.Large (riding) Mowers C.Edger(s) D.String Trimmer(s) / Weed Eater(s) E.Leaf Blowers / Vacuums F.Tree and Brush Trimming Equipment (bow saws, shears, hedge cutters, etc.) G.Tree Cutting Equipment (chain saw, etc.) H.Trailers (to haul debris) I.Cleaning Equipment (brooms, scrapers, rakes, etc.) J.Masonry (concrete) Tools / Equipment (masonry drill, masonry drill bits, masonry screws/nails, concrete demolition hammer, etc.) K.Other Equipment / Material (CDX exterior grade plywood or oriented strand board ("OSB") with a minimum one -half (½) inch nominal (seven-sixteenths (7/16) inch actual) thickness, one-way screws/fasteners, liquid nails, etc.) 4.4. Ozone Warning Days A.All push mowers, weed eaters, or other small engines shall not be used at all. B.No mowing shall 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 shall be kept to a minimum. However, the City shall retain the right to determine and notify Contractor of any such special event, emergency or liability. C.Diesel powered mowing equipment shall be allowed to operate on the second day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has contacted the City and received permission to proceed with the work order. D.Equipment using reformulated gas shall be allowed to operate on the third day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel is used and Contractor has contacted the City and received permission to proceed with the work order. 4.5. Security Requirements A.Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the work site and replacing fencing if removed by Contractor. DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Page 6 of 7 B.Contractor shall not enter building(s) at any location(s) for any reason without receiving prior approval from the designated Code Compliance Supervisor or Code Compliance Official/Officer. 4.6. Protection of Property A.Contractor shall take proper measures to protect all property from damage by the Contractor’s work, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of Contractor, Contractor shall restore, at Contractor’s own expense, the damaged property to a condition similar or equal to that existing before the damage was done, or Contractor shall make good such injury or damage in an acceptable manner to the City. All damages caused by Contractor which are not repaired or compensated for by Contractor will be repaired or compensated for by the City at the Contractor’s expense. All expenses charged by the City for such repair work or compensation shall be deducted from any monies owed to Contractor under any agreement between the City and Contractor. B.Mowing equipment and/or heavy equipment shall not be permitted on properties when, in the opinion of the Contract Administrator, soil and weather conditions are such that the property will be damaged. Any damage caused by mowing equipment and/or heavy equipment shall be addressed by the Contract Administrator. 4.7. Schedule A.Hours of Operation – Contractor shall perform work Monday through Friday and will be required to be available for weekend assignments as necessary, excluding City recognized holidays. B.Contractor must pick up assigned work orders within two business days when the email server is down. All work orders assigned need to be completed within the specified time period: 1.Five calendar days from date of issue for mowing and clearing lots 2.Five calendar days from date of issue for board ups, unless emergency conditions require immediate attention Work orders not completed on time or within the scope of the specification may result in future work orders or payments being withheld. C.In the event Contractor, does not complete the work order within the required five calendar days of assignment, the City reserves the right to arrange for services from the next Contractor. Contractor’s frequent failure to complete the work described herein may result in disqualification of the Contractor and removal from the rotation list. This decision will be made by the City and is final. D.In the event of equipment failure that will extend work order completion past completion date, Contractor must contact the Contract Administrator or department designee. DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Page 7 of 7 4.8. Contractor Rotation Process A.The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Page 1 of 1 ATTACHMENT B: QUOTE/PRICING SCHEDULE By means of this RFQ, the City will secure qualified Contractors agreeing to the following standard service price schedules, established by the City of Corpus Christi: A.Mowing & Clearing- Vacant Lot Rate Table: LOT SIZE 1 2 3 4 5 6 7 1-5,000 square feet 5,001- 10,000 square feet 10,001- 15,000 square feet 15,001- 20,000 square feet 20,001- 25,000 Square feet 25,001- 30,000 square feet Over 30,000 Square feet Density A $0.013 $0.011 $0.009 $0.007 $0.006 $0.005 To be bid out Density B $0.017 $0.015 $0.013 $0.011 $0.009 $0.007 To be bid out Density C $0.025 $0.022 $0.019 $0.017 $0.015 $0.012 To be bid out NOTE: If the square footage times the price per square foot is less than or equal to $65.00, then the Contractor will be paid $65.00. For lot sizes over 30,000 square feet, the City will solicit bids from the next three qualified Contractors on the rotation list. All bids shall be submitted on the CLEAN UP FORM and/or the BOARD UP FORM (attached). Of the three, the qualified vendor who submits the lowest bid will be awarded that job. The two qualified vendors who do not win the bid will be returned to the rotation list. Density A: Low density vegetation. Density B: Medium density vegetation and/or light debris. Density C: High density vegetation and/or heavy debris Light Debris: Grass clippings, high weeds (12” or higher), leaves, paper and plastic litter items and discarded textiles of all sorts. Moderate Debris: Trash items including, but not limited to, aluminum or tin cans, toys, bottles, old vessels of all sorts, and household items (e.g. dishes, tableware, pots and pans, etc.) Heavy Debris: Appliances, toilets, furniture, tires, tree trunks, tree limbs and branches. B. Other Services: Service Unit Price Tree Trimming (7 ft. from the ground and 13 ft. over the street) $35.00 each Tree Removal $85.00 each Debris Disposal (construction material/brush/furniture/bulky items) $47.10 per ton Concrete Disposal (slab/rubber) $19.81 per ton Securing Structures (Board ups) with contractor provided list $55.00 each opening Disposal fee $10.00 per work order Improper Set Out Fee/ Too Early Set Out $50.00 per work order NOTE: The city reserves the right to change the rates listed above based on changes to fees for disposal of items at the landfill or other conditions that may warrant price changes. Page 1 of 1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 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: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 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. Page 2 of 3 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement 3450, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. Page 3 of 3 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 3450, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 DocuSign Envelope ID: 773E759C-AA9C-43F9-AC2F-FF70D7C9A3A1 Service Agreement Standard Form – Federal Funding Page 1 of 8 SERVICE AGREEMENT NO. 3451 Mowing and Securing of Non-Code Compliant Properties CDBG Funded THIS Mowing and Securing of Non-Code Compliant Properties CDBG Funded Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Juan Carlos Valdez, dba Woodwerk Tree Trimming & Landscaping (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Securing of Non-Code Compliant Properties CDBG Funded in response to Request for Bid/Proposal No. 3451 (“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 and Securing of Non-Code Complaint Properties CDBG Funded (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. 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 $80,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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: E1FCF180-13A0-4C80-BD24-670A78E91632 Service Agreement Standard Form – Federal Funding Page 2 of 8 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: Liza Lopez Department: Code Enforcement Phone: 361-826-3170 Email: LizaC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Service Agreement Standard Form – Federal Funding Page 3 of 8 release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (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: E1FCF180-13A0-4C80-BD24-670A78E91632 Service Agreement Standard Form – Federal Funding Page 4 of 8 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. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Liza Lopez Title: Code Compliance Program Manager Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: 361-826-3170 Fax: N/A IF TO CONTRACTOR: Juan Carlos Valdez, dba Woodwerk Tree Trimming & Landscaping Attn: Juan Carlos Valdez Title: Owner Address: 6113 Saratoga, Suite F, Corpus Christi, Texas 78414 Phone: 361-655-1098 Fax: N/A DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Service Agreement Standard Form – Federal Funding 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. 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 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Service Agreement Standard Form – Federal Funding Page 6 of 8 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 agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Service Agreement Standard Form – Federal Funding Page 7 of 8 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 by relevant 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 FEMA, the FAA, or their designees 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: E1FCF180-13A0-4C80-BD24-670A78E91632 Service Agreement Standard Form – Federal Funding Page 8 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _____ Josh Chronley Interim Assistant Director, 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. 3451 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 2/23/2021 Owner Juan Carlos Valdez Page 1 of 7 ATTACHMENT A: SCOPE OF WORK 4.1. General Requirements The Contractor shall provide all labor, insurance and equipment necessary for the mowing, maintenance and securing of non-code Compliant properties as specified in the following Scope of Work. 4.2. Scope of Work The mowing, maintenance and securing of non-code Compliant properties services provided by the Contractor shall include but will not be limited to mowing, line trimming, edging, tree/brush trimming, removal of debris and securing of vacant and occasionally occupied properties as deemed necessary on a health and safety basis as outlined below: A.Contractor shall cut grass to a length of 1 ½ inches to 2 inches at all designated locations requiring fine mowing and to length of 2 ½ inches to 3 ½’ inches for all designated locations requiring rough mowing. B.Contractor shall remove all trash, debris, cans, bottles, tires, paper and plastic from the grounds and fence lines. After mowing, Contractor shall remove any trash and debris cut up by the mowing process. Contractor must use a push mower and rake where needed. Contractor will not dispose of any trash and debris into dumpsters or accessory structures located on the property. The trash and debris must be removed from the property and disposed of in accordance with City ordinances. If a property has 50 or more tires, a “Whole Used or Scrap Tires Manifest” shall be submitted to the landfill. A receipt of disposal from the City landfill or other Texas Commission Environmental Quality (TCEQ) registered landfill will be required as proof of final and proper disposal. Contractor is required to show work orders or case number to landfill scale personnel to show proof of worksite and avoid disposal fee. A penalty may be imposed for failure to provide proof of receipt and/or payment may be withheld. The receipt of disposal must be attached to the before and after photographs. C.Contractor shall clean and scrape sidewalks, curbs and gutters from accumulation of grass growth, dirt and sand. Contractor shall clean all sidewalks, fence lines, curbs, gutters, street edge, structures, buildings and any wires free from clinging, climbing and crawling grasses, vines, sand, dirt and grass clippings as required in City Code of Ordinance Section 49-10. D.Contractor shall trim all tree limbs that hang lower than seven feet over the sidewalk or ground surface and tree limbs that hang lower than 13 feet over the street. Trees identified for removal must be cut to ground level. DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Page 2 of 7 E.Contractor shall not remove any gas tanks or 55-gallon drums from the property. F.The landfill accepts household hazardous waste labeled and in original containers (antifreeze, solvents, brake fluid, transmission fluid, batteries, cleaning solvents, polishes, oven cleaner, pool chemicals, poisons, paint, paint thinner, paint stripper, spray paint, weed killer, pesticides/insecticides, sprays) and motor oil (in sealed containers no larger than five gallons). G.Contractor shall avoid causing “windrows” when mowing. Windrows occur when a mower goes one direction and causes the grass to lie over because of wheels, etc. This creates rows of grass not cut uniformly. H.Contractor shall avoid improper mowing, including, but not limited to: TERM DESCRIPTION IMAGE Scalping mowing deck comes close to or hits the ground Stepped Cutting sharp ridges left in the lawn surface Stingers [stragglers/flags] sparse patches of uncut grass left behind the mower Streaking thin strips of uncut grass left behind the mower Uneven Cutting wavy or smooth troughs in the lawn surface I.All work completed by Contractor shall be subject to approval by the area Code Compliance Official/Officer or department designee. Code Compliance Official/Officer shall have the right to require the Contractor to re-mow, re-trim, re-edge, re-sweep or re-board properties if the work has not been performed to contract specifications. Properties which have not been abated adequately will be re-done before payment authorization is approved and before additional work orders are issued. Additionally, any work orders already issued to Contractor may be pulled. DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Page 3 of 7 RFQ Revised 4.19.2019 J.Contractor shall meet all the requirements for properly securing a vacant structure as designated in the Vacant Building Ordinance City Code of Ordinances Section 13-3009 Standards for the boarding of a vacant building and painting the wood in accordance with City Code of Ordinances Section 13-3010. K.Contractor shall have an email address to receive and return work orders to the issuing Code Compliance Official/Officer and Code Compliance Supervisor once completed. L.Photographs taken by Contractor are required on each work order issued. 1.For a vacant building, a minimum of eight photographs (before work is started and again after the work is completed) are required to include: a.one photograph from the front (including curb and gutter) before the work is started b.one photograph from the back (including rear yard) before the work is started c.one photograph from each side of the structure before the work is started d.one photograph of each location listed above after the work is completed. 2.For a vacant lot, a minimum of four photographs (before the work is started and again after the work is completed) are required to include: a.one photograph from the front (including curb and gutter) before the work is started b.one photograph including rear of the lot before the work is started c.one photograph of each location listed above after the work is completed. 3.Each photograph is to be taken at the same location and angle as the before pictures. Each photograph shall be labeled with the address, date, “BEFORE” and “AFTER”. If photographs are not submitted at the completion of the job payment may be delayed. All photographs must be clear without the use of filters. M.The Contractor will not mow any property that is less than 12 inches, or when the rightful property owner has already started the mowing/clearing process. Contractor is required to provide photographs of the property: one photograph of the front and one of the back, when submitting a mowed by owner work order. DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Page 4 of 7 N.Contractor will maintain a professional and civil d isposition with all City representatives, City staff members and the general public. Failure to do so may result in the termination of the Contractor’s agreement as determined by the City. O.When emergency services are requested, the Contractor must respond within two hours and complete the work order within four hours. P.Contractor shall possess and display a current Solid Waste Haulers Permit sticker on each vehicle and trailer used for transporting solid waste. (Permit must be renewed by August 1st of each year). Q.Contractor shall have a tarpaulin or cover over the load when transporting solid waste to the landfill or other approved point of disposal. R.In the event of equipment failure that will extend completion of the work order, Contractor must notify the issuing Code Official/Officer and Code Compliance Supervisor. S.Any and all costs, either direct or indirect, associated with or incidental to Contractor’s performance of the services described in this scope of work are the sole responsibility of Contractor and considered to be included in the contract pricing. Such expenses may include, but are not limited to: travel to and from the subject property, execution of the work order, clearing and transporting of debris, storage fees, hauler permit fees, cost of required insurances and etc. T.Contractor must provide supervision of the work to ensure compliance with the contract requirements. U.Contractor shall ensure subcontractors comply with all requirements of this contract, including, but not limited to, those regarding insurance and permits V.Contractor shall remain in full compliance with all requirements. Cancellation or expiration of insurance (unless renewed or secured through another licensed insurance provider) during the contract period will result in automatic disqualification of Contractor and removal from the rotation list. W.Contractor must be equipped with a cellular telephone. Contractor shall furnish the City with a list of Cellular telephone numbers for on -site representatives. This is to provide a means of effective communication between City officials and Contractor’s representative concerning directions, response time, cancellations or problems encountered at the site. X.If there are any questions or problems encountered on a property, Contractor must contact a Code Compliance Supervisor or issuing Code Official/Officer, not the property owner or neighbor. DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Page 5 of 7 4.3. Equipment Requirements Contractor shall have all equipment, in good working order, needed to comply with all requirements of this contract including, but not limited to, the following: A.Push (walk-behind) Mowers B.Large (riding) Mowers C.Edger(s) D.String Trimmer(s) / Weed Eater(s) E.Leaf Blowers / Vacuums F.Tree and Brush Trimming Equipment (bow saws, shears, hedge cutters, etc.) G.Tree Cutting Equipment (chain saw, etc.) H.Trailers (to haul debris) I.Cleaning Equipment (brooms, scrapers, rakes, etc.) J.Masonry (concrete) Tools / Equipment (masonry drill, masonry drill bits, masonry screws/nails, concrete demolition hammer, etc.) K.Other Equipment / Material (CDX exterior grade plywood or oriented strand board ("OSB") with a minimum one -half (½) inch nominal (seven-sixteenths (7/16) inch actual) thickness, one-way screws/fasteners, liquid nails, etc.) 4.4. Ozone Warning Days A.All push mowers, weed eaters, or other small engines shall not be used at all. B.No mowing shall 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 shall be kept to a minimum. However, the City shall retain the right to determine and notify Contractor of any such special event, emergency or liability. C.Diesel powered mowing equipment shall be allowed to operate on the second day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has contacted the City and received permission to proceed with the work order. D.Equipment using reformulated gas shall be allowed to operate on the third day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel is used and Contractor has contacted the City and received permission to proceed with the work order. 4.5. Security Requirements A.Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the work site and replacing fencing if removed by Contractor. DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Page 6 of 7 B.Contractor shall not enter building(s) at any location(s) for any reason without receiving prior approval from the designated Code Compliance Supervisor or Code Compliance Official/Officer. 4.6. Protection of Property A.Contractor shall take proper measures to protect all property from damage by the Contractor’s work, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of Contractor, Contractor shall restore, at Contractor’s own expense, the damaged property to a condition similar or equal to that existing before the damage was done, or Contractor shall make good such injury or damage in an acceptable manner to the City. All damages caused by Contractor which are not repaired or compensated for by Contractor will be repaired or compensated for by the City at the Contractor’s expense. All expenses charged by the City for such repair work or compensation shall be deducted from any monies owed to Contractor under any agreement between the City and Contractor. B.Mowing equipment and/or heavy equipment shall not be permitted on properties when, in the opinion of the Contract Administrator, soil and weather conditions are such that the property will be damaged. Any damage caused by mowing equipment and/or heavy equipment shall be addressed by the Contract Administrator. 4.7. Schedule A.Hours of Operation – Contractor shall perform work Monday through Friday and will be required to be available for weekend assignments as necessary, excluding City recognized holidays. B.Contractor must pick up assigned work orders within two business days when the email server is down. All work orders assigned need to be completed within the specified time period: 1.Five calendar days from date of issue for mowing and clearing lots 2.Five calendar days from date of issue for board ups, unless emergency conditions require immediate attention Work orders not completed on time or within the scope of the specification may result in future work orders or payments being withheld. C.In the event Contractor, does not complete the work order within the required five calendar days of assignment, the City reserves the right to arrange for services from the next Contractor. Contractor’s frequent failure to complete the work described herein may result in disqualification of the Contractor and removal from the rotation list. This decision will be made by the City and is final. D.In the event of equipment failure that will extend work order completion past completion date, Contractor must contact the Contract Administrator or department designee. DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Page 7 of 7 4.8. Contractor Rotation Process A.The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Page 1 of 1 ATTACHMENT B: QUOTE/PRICING SCHEDULE By means of this RFQ, the City will secure qualified Contractors agreeing to the following standard service price schedules, established by the City of Corpus Christi: A.Mowing & Clearing- Vacant Lot Rate Table: LOT SIZE 1 2 3 4 5 6 7 1-5,000 square feet 5,001- 10,000 square feet 10,001- 15,000 square feet 15,001- 20,000 square feet 20,001- 25,000 Square feet 25,001- 30,000 square feet Over 30,000 Square feet Density A $0.013 $0.011 $0.009 $0.007 $0.006 $0.005 To be bid out Density B $0.017 $0.015 $0.013 $0.011 $0.009 $0.007 To be bid out Density C $0.025 $0.022 $0.019 $0.017 $0.015 $0.012 To be bid out NOTE: If the square footage times the price per square foot is less than or equal to $65.00, then the Contractor will be paid $65.00. For lot sizes over 30,000 square feet, the City will solicit bids from the next three qualified Contractors on the rotation list. All bids shall be submitted on the CLEAN UP FORM and/or the BOARD UP FORM (attached). Of the three, the qualified vendor who submits the lowest bid will be awarded that job. The two qualified vendors who do not win the bid will be returned to the rotation list. Density A: Low density vegetation. Density B: Medium density vegetation and/or light debris. Density C: High density vegetation and/or heavy debris Light Debris: Grass clippings, high weeds (12” or higher), leaves, paper and plastic litter items and discarded textiles of all sorts. Moderate Debris: Trash items including, but not limited to, aluminum or tin cans, toys, bottles, old vessels of all sorts, and household items (e.g. dishes, tableware, pots and pans, etc.) Heavy Debris: Appliances, toilets, furniture, tires, tree trunks, tree limbs and branches. B. Other Services: Service Unit Price Tree Trimming (7 ft. from the ground and 13 ft. over the street) $35.00 each Tree Removal $85.00 each Debris Disposal (construction material/brush/furniture/bulky items) $47.10 per ton Concrete Disposal (slab/rubber) $19.81 per ton Securing Structures (Board ups) with contractor provided list $55.00 each opening Disposal fee $10.00 per work order Improper Set Out Fee/ Too Early Set Out $50.00 per work order NOTE: The city reserves the right to change the rates listed above based on changes to fees for disposal of items at the landfill or other conditions that may warrant price changes. Page 1 of 1 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 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: E1FCF180-13A0-4C80-BD24-670A78E91632 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. Page 2 of 3 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement 3451, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. Page 3 of 3 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 3451, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DocuSign Envelope ID: E1FCF180-13A0-4C80-BD24-670A78E91632 DATE: February 23, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Josh Chronley, Interim Assistant Director of Contracts and Procurement Joshc2@cctexas.com (361) 826-3169 CAPTION Motion authorizing a three-year service agreement with Excel Pump & Machine, Inc. from Corpus Christi, Texas, for an amount not to exceed $840,750.00, for pump repairs at O. N. Stevens Water Treatment Plant and the booster and raw water pump stations, with FY 2021 funding in an estimated amount of $163,479.00 available through the Water Fund. SUMMARY: This motion authorizes a three-year service agreement for pump repairs used in the water treatment process and transport of water to City potable water customers. BACKGROUND AND FINDINGS: The O. N. Stevens Water Treatment Plant, Nueces River Pump Stations, and distribution booster pump stations have a combined inventory of 45 pumps of various brands. The water system relies on its pump inventory to supply, maintain, and move water from the source to the O. N. Stevens Water Treatment Plant, and throughout the distribution system. The City has a responsibility to maintain uninterrupted service and pressu re through over 1,700 miles of pipeline to distribute potable water to all wholesale, commercial, industrial and residential customers of the City of Corpus Christi. Additionally, the City of Corpus Christi uses Maximo, which is a computerized maintenance management system (CMMS) licensed by IBM, to track City-owned assets. This CMMS aids staff in monitoring workload and scheduling work, tracking routine Pump Repairs at O.N. Stevens Water Treatment Plant and the Booster and Raw Water Pump Stations for the Utilities Department AGENDA MEMORANDUM Action Item for the City Council Meeting of March 2, 2021 preventative maintenance, and making sound decisions relating to repair or replacement of assets. Maximo is used to track internal maintenance and repairs conducted on City assets by City personnel, and it is also used to document third party or outside vendor maintenance and repairs. The Contracts and Procurement Department conducted a competitive Reque st for Bids process to obtain bids. The City received ten bids. Staff is recommending award to the lowest, responsible bidder, Excel Pump & Machine, Inc. of Corpus Christi, Texas. ALTERNATIVES: The alternative to accepting this bid would be to perform the repairs in-house. However, more employees, equipment and supplies will be needed , which would be a higher cost to the City. FISCAL IMPACT: The fiscal impact for the Utilities Department in FY2021 is $163,479.00. The remaining cost will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4010 Water Fund Organization/Activity: 31010 O.N. Stevens Water Treatment Plant Mission Element: 062 Treat Water Project # (CIP Only): N/A Accounts: 530215 Maintenance & repairs – Contracted RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement with Excel Pump & Machine, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 3318 Pump Repairs for Utilities Department THIS Pump Repairs for Utilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Excel Pump & Machine, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Pump Repairs for Utilities Department in response to Request for Bid/Proposal No. 3318 (“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 Pump Repairs for Utilities Department (“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 Contracts and Procurement staff. 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 $840,750.00, 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: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Diana Zertuche-Garza Department: Utilities Department Phone: (361) 826-1627 Email: DianaZ@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Diana Zertuche-Garza Title: Contracts/ Fund Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1627 Fax: (361) 826-4495 IF TO CONTRACTOR: Excel Pump & Machine, Inc. Attn: Randall Houghton Jr. Title: President Address: 1450 E. State Hwy 44, Corpus Christi, Texas 78460 Phone: (361) 387-4508 Fax: (361) 387-8844 DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 20.Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23.Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 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 ________________________________________________ Josh Chronley Interim Assistant 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. 3318 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E 1/21/2021 President Randall Houghton Jr. Revised 4.4.19 Attachment A - Scope of Work 1.1 General Requirements A. The Contractor shall provide pump repairs at the O. N. Stevens Water Treatment Plant and all booster and raw water pump stations operated by the City of Corpus Christi Utilities Department. B. The work will be performed on an as needed basis. C. The Contractor shall be responsible for labor, material, parts, and transportation necessary to perform the services. 1.2 Repairs A. The City’s pump inventory for this contract, outlined in this Scope of Work, consists of approximately 39 pumps. Most of the pump brands include, but are not limited to Byron Jackson, Fairbanks Morse, Flowserve, Cascade, Peerless, Flygt and Allis Chalmers. B. The Contractor shall disassemble, inspect, repair, and rebuild pumps. C. The Contractor shall perform repairs to the following parts of pumps including but not limited to stator, shaft, impeller, volute, seals, gaskets, stuffing box, packing gland and bearings. D. General machine work and/or repair shall consist of but not limited to balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabricating, sand blasting, and coating of pump. E. The Contractor shall clean using steam, grit or solvent to obtain accurate measurements, and for non-destructive evaluation. F. All repairs shall be in accordance with current pump nameplate data and conditions, drawings, standards and/or OEM specifications. If the pump is missing nameplate data, refer to City staff for additional information. G. After repairs, the pump(s) shall be repainted to manufacturer recommendation and specification, in a color approved by the City and super coated equal to manufacturer recommendation or better H. The City’s equipment while in Contractor’s possession must be properly stored and secured at all times. I. The City reserves the right to inspect the pump at any time during the repair. J. The Contractor facilities may be subject to inspection at any time by a City representative. When deemed appropriate, the City reserves the right to use third party inspection services at the City’s expense. K. The City reserves the right to audit the Contractor’s project costs at any time during the Contract term. DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Revised 4.4.19 1.3 Schedule of Work A. The repair(s) information will be provided to the Contractor through work/task order or phone/email request. B. The Contractor will be responsible for picking up and delivering the pumps in a flatbed or trailer capable of transporting at least 5000 lbs. C. The Contractor will pick up the pumps within 24 hours of the City’s notification. The City staff will load and unload the pumps to/from the Contractor vehicle. D. Upon receipt of pump, the Contractor will inspect the pump and submit an inspection report and repair estimate based on contract pricing. The report shall include inspection results, conclusion/recommendations, and visual findings by drawings or digital photos, including a “No Destructive Testing Report” added to the “As Received Report”. The Contractor shall submit repair estimate based on contract pricing for each repair and shall include estimated repair time, hourly labor costs to include regular time and over time (if approved), parts to be replaced including lead time, and shipping cost for parts. The repair estimate and inspection report shall be submitted electronically in PDF format via email. E. If the repair estimate is not economical for the City to proceed with the repair, then the Contractor shall provide comparative analysis between the replacement and repair costs. The City may decide to buy new pump through a new solicitation. F. The Contractor shall make a reasonable effort to ensure that all parts are original equipment manufacturer (OEM). The Contractor shall include the lead time and shipping costs for OEM parts in the repair estimate. If the lead time for an OEM part will cause the repair time to exceed 30 days, then the City may approve non-OEM parts i.e third party parts or fabricated parts G. The Contractor will provide the report and repair estimate within 10 business days after receipt of equipment. For larger or specialty pumps that may require longer than 10 days, the Contractor shall notify the City prior to the end of 10 business days so additional time can be negotiated as warranted. H. If the estimate is accepted and work performed, the Contractor’s invoice shall not exceed the estimated amount unless previously authorized by the Contract Administrator in writing prior to the work being performed. I. After repairs are completed, a mechanical documentation repair report must be submitted. The report shall contain the following: cover page, as received photographs and final photographs, rotor drawings showing run out and sizes before and after repairs, balance report and Non-Destructive Testing reports. J. Overtime hours must be authorized in writing by a City representative. The City may ask for prioritization for emergency repairs. K. The repairs shall be completed within 30 calendar days of Contractor receipt of approval from the Contract Administrator. DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Revised 4.4.19 1.4 Contract Pricing A. The Contractor shall perform services during normal working hours 8:00 AM to 5:00 PM, Monday to Friday. The Contractor shall not work afterhours, Saturdays, Sundays and Holidays without prior approval from Contract Administrator. B. Labor rate includes but is not limited to labor, overhead, profit and administrative cost. C. Onsite technical labor rate includes but is not limited to labor, overhead, transportation and administrative cost. D. Materials shall be provided to the City at Manufacturer cost, discount (if applicable) and allowable contract mark up. E. All pricing shall be as outlined in the Bid/Pricing schedule 1.5 Invoicing The Contractor must submit an itemized invoice for payment, which shall contain the following information: 1.Purchase Order (P.O) Number and Service Agreement Number 2.Pump Location/Address 3.Serial number of equipment 4.Description of Service 5.Total hours billed; Overtime hours will include a written approval by City staff. 6.Itemized list of parts/materials 7.Invoices for parts/materials (to verify markup) 8.Shipping costs for parts/materials 1.6 Warranty A. The Contractor shall warrant that work performed conforms to the specification and is free of any defects in equipment, material or workmanship performed by the contractor or any of its subcontractors or suppliers. All work provided by the Contractor shall be warranted for a minimum period of 1 year from the date of final acceptance of the work. B. Material shall be warranted against material defects and defects in workmanship for a period of 1 year. The warranty period shall commence upon date of acceptance by the City. If the manufacturer’s standard warranty period exceeds one year, then the warranty period hereunder shall be the length of the manufacturer’s warranty. The Contractor shall be responsible for the warranty. The Contractor shall provide the City with all manufacturer’s warranty documents upon completion of service. C. The Contractor must provide onsite technical support within 24 hours of notification by the City. 1.7 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 DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Revised 4.4.19 the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.8 Work Site Locations Pumps are located at the locations listed below. The City reserves the right to add additional locations as needed. A. Raw Water Building One (Nueces River Raw Water Complex): Raw Water Pump 3 Byron Jackson Vertical Turbine / 36RXM-1 Stage Raw Water Pump 4 Byron Jackson Vertical Turbine / 36RXM-1 Stage B. Raw Water Building Two (Nueces River Raw Water Complex): Raw Water Pump 7 Fairbanks Morse 24” X 30” 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM @ 115 FT TDH Raw Water Pump 8 Fairbanks Morse 24” X 30” 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM @ 115 FT TDH Raw Water Pump 9 Fairbanks Morse 24” X 30” 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM @ 115 FT TDH Raw Water Pump 10 Fairbanks Morse 24” X 30” 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM @ 115 FT TDH C. High Service Building One (Plant/Treated Water): High Service 1 Pump 1 BJ 32 RXL-2 Stage Vertical Turbine Pump, Rated Condition: 11,000 GPM @ 230 FT TDH High Service 1 Pump 2 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH High Service 1 Pump 3 BJ 32 RXL-2 Stage Vertical Turbine Pump, Rated Condition: 11,000 GPM @ 230 FT TDH High Service 1 Pump 4 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH High Service 1 Pump 5 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Revised 4.4.19 High Service 1 Pump 6 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH High Service 1 Pump 7 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 190 FT TDH D. High Service Building Two (Plant/Treated Water): High Service 2 Pump 8 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 2 Pump 9 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 2 Pump 10 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 2 Pump 11 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH E. High Service Building Three (Plant/Treated Water): High Service 3 Pump 12 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 3 Pump 13 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 3 Pump 14 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 3 Pump 15 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 3 Pump 16 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 3 Pump 17 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Revised 4.4.19 F. Low Lift Pump (Raw Water/Pre-Sed Basin): Low Lift Pump 1 Cascade 24P, 1 Stage Vertical Turbine Pump, Rated Condition: 15,200 GPM @ 21.9 FT TDH Low Lift Pump 2 Cascade 24P, 1 Stage Vertical Turbine Pump, Rated Condition: 15,200 GPM @ 21.9 FT TDH Low Lift Pump 3 Cascade 24P, 1 Stage Vertical Turbine Pump, Rated Condition: 15,200 GPM @ 21.9 FT TDH G. Wash Water Pumps (Plant/Treated Water – Filter Backwash): Wash Water Pump 3 Peerless 24HH-OH-1 Stage Vertical Turbine Pump, Rated Condition: 9000 GPM @ 71 FT TDH Wash Water Pump 5 Peerless 24HH-OH-1 Stage Vertical Turbine Pump, Rated Condition: 9000 GPM @ 71 FT TDH Wash Water Pump 7 Peerless 24HH-OH-1 Stage Vertical Turbine Pump, Rated Condition: 9000 GPM @ 71 FT TDH H. Wash Water Return Pit Submersible Pumps (Recycle Water from Backwash): Flygt Submersible Flygt 5500 Series Slurry Motor Pump Combo Flygt Submersible Flygt 5500 Series Slurry Motor Pump Combo Flygt Submersible Flygt 30 Self-Contained Motor Pump Combo Flygt Submersible Flygt 30 Self-Contained Motor Pump Combo Flygt Submersible Flygt 30 Self-Contained Motor Pump Combo I. Recycle Pond Submersible Pumps (Recycle Lagoon to Pre-Sed Basin): Flygt Submersible Flygt 110 Self-contained Slurry Motor Pump Combo Flygt Submersible Flygt 110 Self-contained Slurry Motor Pump Combo J. Trac-Vac Sludge Vault DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Revised 4.4.19 Flygt Submersible Flygt 30 Contained Slurry Motor Pump Combo K. Plant Two Sludge Vault Galigher 450 GPM Slurry Pump w/30 HP Baldwin Motor (Vertical) Warman Slurry Pump w/30 HP Baldwin Motor (Vertical) L. Staples Booster Pump Station (Treated Water): Pump 1 Fairbanks Morse 2823A Horizontal Split Case Pump, Rated Condition: 3475 GPM @ 155 FT TDH Pump 2 Fairbanks Morse 2823A Horizontal Split Case Pump, Rated Condition: 3475 GPM @ 155 FT TDH M. Navigation Booster Pump Station (Treated Water): Pump 1 Flowserve 350LNN725 Horizontal Split Case Pump, Rated Condition: 7000 GPM @ 140 TDH Pump 2 Flowserve 350LNN725 Horizontal Split Case Pump, Rated Condition: 7000 GPM @ 140 TDH Pump 3 Flowserve 350LNN725 Horizontal Split Case Pump, Rated Condition: 7000 GPM @ 140 TDH N. Sand Dollar Booster Pump Station (Treated Water): Pump 1 Flowserve 10LR-17B Horizontal Split Case Pump Pump 2 Flowserve 10LR-17B Horizontal Split Case Pump Pump 3 Flowserve 10LR-17B Horizontal Split Case Pump O. Holly Booster Pump Station (Treated Water): Allis Chalmers, HSC, #2 5000 GPM, TDH 140 Allis Chalmers, HSC, #3 7000 GPM, TDH 140 DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Attachment B- Bid Pricing/ScheduleDocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Attachment C -Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City’s Risk Manager and Park & Recreation Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 BAILEE’S CUSTOMER GOODS $300,000 Per Occurrence MOTOR TRUCK CARGO (or) TRIP TRANSIT $300,000 Combined Single Limit DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II.ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit Contracts for General Services – Services Performed Onsite-Offsite – Bailees – Motor Truck Cargo 10/19/2020 Risk Management – Legal Dept. DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Attachment C – Bond Requirements No bond requirements necessary for this service agreement; Section 5.Insurance; Bonds Subsection (B) is null for this service agreement. DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E Attachment D - Warranty Requirements A. The Contractor shall warrant that work performed conforms to the specification and is free of any defects in equipment, material or workmanship performed by the contractor or any of its subcontractors or suppliers. All work provided by the Contractor shall be warranted for a minimum period of 1 year from the date of final acceptance of the work. B. Material shall be warranted against material defects and defects in workmanship for a period of 1 year. The warranty period shall commence upon date of acceptance by the City. If the manufacturer’s standard warranty period exceeds one year, then the warranty period hereunder shall be the length of the manufacturer’s warranty. The Contractor shall be responsible for the warranty. The Contractor shall provide the City with all manufacturer’s warranty documents upon completion of service. C. The Contractor must provide onsite technical support within 24 hours of notification by the City. DocuSign Envelope ID: 27D44DA2-2BF1-4FD6-B887-9368EC2F586E ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1500 65.00$ 97,500.00$ 65.00$ 97,500.00$ 63.00$ 94,500.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 97.50$ 19,500.00$ 65.00$ 13,000.00$ 94.50$ 18,900.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 65.00$ 13,000.00$ 65.00$ 13,000.00$ 63.00$ 12,600.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 $ 0.00 $ 0.00 65.00$ 1,300.00$ 150.00$ 3,000.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 $ 0.00 $ 0.00 65.00$ 1,300.00$ 150.00$ 3,000.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 15%143,750.00$ 18%147,500.00$ 20%150,000.00$ 7 Freight Allowance for Parts/Materials $ 12,000 -$ 12,000.00$ 12,000.00$ SUBTOTAL 273,750.00$ 285,600.00$ 294,000.00$ Excel Pump & Machine - Corpus Christi, Texas Universal Tool & Die - Corpus Christi, Texas HJD Capital Electric - San Antonio, Texas Year 1 City of Corpus Christi Bid Tabulation Contracts and Procurement Department 3318 Senior Buyer : Cynthia Perez Pump Repairs for ONS ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1600 65.00$ 104,000.00$ 65.00$ 104,000.00$ 64.89$ 103,824.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 97.50$ 19,500.00$ 65.00$ 13,000.00$ 97.35$ 19,470.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 65.00$ 13,000.00$ 65.00$ 13,000.00$ 64.89$ 12,978.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 $ 0.00 $ 0.00 65.00$ 1,300.00$ 155.00$ 3,100.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 $ 0.00 $ 0.00 65.00$ 1,300.00$ 155.00$ 3,100.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 15%143,750.00$ 18%147,500.00$ 20%150,000.00$ 7 Freight Allowance for Parts/Materials $ 13,000 -$ 13,000.00$ 13,000.00$ SUBTOTAL 280,250.00$ 293,100.00$ 305,472.00$ City of Corpus Christi Bid Tabulation Contracts and Procurement Department 3318 Senior Buyer : Cynthia Perez Pump Repairs for ONS Year 2 Excel Pump & Machine - Corpus Christi, Texas Universal Tool & Die - Corpus Christi, Texas HJD Capital Electric - San Antonio, Texas ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1700 65.00$ 110,500.00$ 65.00$ 110,500.00$ 66.84$ 113,628.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 97.50$ 19,500.00$ 65.00$ 13,000.00$ 100.25$ 20,050.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 65.00$ 13,000.00$ 65.00$ 13,000.00$ 66.84$ 13,368.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 $ 0.00 $ 0.00 65.00$ 1,300.00$ 160.00$ 3,200.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 $ 0.00 $ 0.00 65.00$ 1,300.00$ 160.00$ 3,200.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 15%143,750.00$ 18%147,500.00$ 20%150,000.00$ 7 Freight Allowance for Parts/Materials $ 14,000 -$ 14,000.00$ 14,000.00$ SUBTOTAL 286,750.00$ 300,600.00$ 317,446.00$ 840,750.00$ 879,300.00$ 916,918.00$ City of Corpus Christi Bid Tabulation Contracts and Procurement Department Excel Pump & Machine - Corpus Christi, Texas Universal Tool & Die - Corpus Christi, Texas HJD Capital Electric - San Antonio, Texas Year 3 Grand Total for all three years 3318 Senior Buyer : Cynthia Perez Pump Repairs for ONS ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1500 69.00$ 103,500.00$ 65.00$ 97,500.00$ 75.00$ 112,500.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 103.50$ 20,700.00$ 95.00$ 19,000.00$ 110.00$ 22,000.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 69.00$ 13,800.00$ 100.00$ 20,000.00$ 75.00$ 15,000.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 69.00$ 1,380.00$ -$ -$ 530.00$ 10,600.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 69.00$ 1,380.00$ -$ -$ 530.00$ 10,600.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 20%150,000.00$ 23%153,750.00$ 15%143,750.00$ 7 Freight Allowance for Parts/Materials $ 12,000 12,000.00$ 12,000.00$ 12,000.00$ SUBTOTAL 302,760.00$ 302,250.00$ 326,450.00$ City of Corpus Christi Bid Tabulation Contracts and Procurement Department 3318 Senior Buyer : Cynthia Perez Pump Repairs for ONS Faraday Electric Motors LLC. - Corpus Christi, Texas Massengale Armature - Works - San Antonio, Texas Austin Armature Works, LP - Buda, Texas Year 1 ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1600 69.00$ 110,400.00$ 65.00$ 104,000.00$ 75.00$ 120,000.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 103.50$ 20,700.00$ 95.00$ 19,000.00$ 110.00$ 22,000.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 69.00$ 13,800.00$ 100.00$ 20,000.00$ 75.00$ 15,000.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 69.00$ 1,380.00$ -$ -$ 530.00$ 10,600.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 69.00$ 1,380.00$ -$ -$ 530.00$ 10,600.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 20%150,000.00$ 23%153,750.00$ 15%143,750.00$ 7 Freight Allowance for Parts/Materials $ 13,000 13,000.00$ 13,000.00$ 13,000.00$ SUBTOTAL 310,660.00$ 309,750.00$ 334,950.00$ Year 2 Faraday Electric Motors LLC. - Corpus Christi, Texas Massengale Armature - Works - San Antonio, Texas Austin Armature Works, LP - Buda, Texas City of Corpus Christi Bid Tabulation Contracts and Procurement Department 3318 Senior Buyer : Cynthia Perez Pump Repairs for ONS ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1700 69.00$ 117,300.00$ 70.00$ 119,000.00$ 80.00$ 136,000.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 103.50$ 20,700.00$ 100.00$ 20,000.00$ 110.00$ 22,000.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 69.00$ 13,800.00$ 105.00$ 21,000.00$ 80.00$ 16,000.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 69.00$ 1,380.00$ -$ -$ 530.00$ 10,600.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 69.00$ 1,380.00$ -$ -$ 530.00$ 10,600.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 20%150,000.00$ 23%153,750.00$ 15%143,750.00$ 7 Freight Allowance for Parts/Materials $ 14,000 14,000.00$ 14,000.00$ 14,000.00$ SUBTOTAL 318,560.00$ 327,750.00$ 352,950.00$ 931,980.00$ 939,750.00$ 1,014,350.00$ Faraday Electric Motors LLC. - Corpus Christi, Texas Massengale Armature - Works - San Antonio, Texas Austin Armature Works, LP - Buda, Texas Year 3 Grand Total for all three years Senior Buyer : Cynthia Perez Pump Repairs for ONS City of Corpus Christi Bid Tabulation Contracts and Procurement Department 3318 ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1500 85.00$ 127,500.00$ 87.00$ 130,500.00$ 107.50$ 161,250.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 127.50$ 25,500.00$ 130.50$ 26,100.00$ 161.25$ 32,250.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 90.00$ 18,000.00$ 100.00$ 20,000.00$ 138.60$ 27,720.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 350.00$ 7,000.00$ -$ -$ 615.00$ 12,300.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 350.00$ 7,000.00$ -$ -$ 589.00$ 11,780.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 7%133,750.00$ 20%150,000.00$ 5%131,250.00$ 7 Freight Allowance for Parts/Materials $ 12,000 12,000.00$ 12,000.00$ 12,000.00$ SUBTOTAL 330,750.00$ 338,600.00$ 388,550.00$ City of Corpus Christi Bid Tabulation Contracts and Procurement Department 3318 Senior Buyer : Cynthia Perez Pump Repairs for ONS Davenport Electric Motors - Corpus Christi, Texas Smith Pump Company - Waco, Texas NRG Energy Services - Houston, Texas Year 1 ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1600 85.00$ 136,000.00$ 87.00$ 139,200.00$ 107.50$ 172,000.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 127.50$ 25,500.00$ 130.50$ 26,100.00$ 161.25$ 32,250.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 90.00$ 18,000.00$ 100.00$ 20,000.00$ 138.60$ 27,720.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 350.00$ 7,000.00$ -$ -$ 627.00$ 12,540.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 350.00$ 7,000.00$ -$ -$ 601.00$ 12,020.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 7%133,750.00$ 20%150,000.00$ 5%131,250.00$ 7 Freight Allowance for Parts/Materials $ 13,000 13,000.00$ 13,000.00$ 13,000.00$ SUBTOTAL 340,250.00$ 348,300.00$ 400,780.00$ 3318 Senior Buyer : Cynthia Perez Pump Repairs for ONS Year 2 Davenport Electric Motors - Corpus Christi, Texas Smith Pump Company - Waco, Texas NRG Energy Services - Houston, Texas City of Corpus Christi Bid Tabulation Contracts and Procurement Department ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1700 85.00$ 144,500.00$ 87.00$ 147,900.00$ 110.75$ 188,275.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 127.50$ 25,500.00$ 130.50$ 26,100.00$ 166.00$ 33,200.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 90.00$ 18,000.00$ 100.00$ 20,000.00$ 138.60$ 27,720.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 350.00$ 7,000.00$ -$ -$ 646.00$ 12,920.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 350.00$ 7,000.00$ -$ -$ 619.00$ 12,380.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 7%133,750.00$ 20%150,000.00$ 5%131,250.00$ 7 Freight Allowance for Parts/Materials $ 14,000 14,000.00$ 14,000.00$ 14,000.00$ SUBTOTAL 349,750.00$ 358,000.00$ 419,745.00$ 1,020,750.00$ 1,044,900.00$ 1,209,075.00$ Davenport Electric Motors - Corpus Christi, Texas Smith Pump Company - Waco, Texas NRG Energy Services - Houston, Texas Year 3 Grand Total for all three years Senior Buyer : Cynthia Perez Pump Repairs for ONS City of Corpus Christi Bid Tabulation Contracts and Procurement Department 3318 ITEM Description Unit Qty Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1500 95.00$ 142,500.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 110.00$ 22,000.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 85.00$ 17,000.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 65.00$ 1,300.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 65.00$ 1,300.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 20%150,000.00$ 7 Freight Allowance for Parts/Materials $ 12,000 12,000.00$ SUBTOTAL 346,100.00$ City of Corpus Christi Bid Tabulation Contracts and Procurement Department 3318 Senior Buyer : Cynthia Perez Pump Repairs for ONS South Texas Machine Shop - Alice, Texas Year 1 ITEM Description Unit Qty Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1600 95.00$ 152,000.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 110.00$ 22,000.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 85.00$ 17,000.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 65.00$ 1,300.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 65.00$ 1,300.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 20%150,000.00$ 7 Freight Allowance for Parts/Materials $ 13,000 13,000.00$ SUBTOTAL 356,600.00$ Senior Buyer : Cynthia Perez Pump Repairs for ONS South Texas Machine Shop - Alice, Texas Year 2 City of Corpus Christi Bid Tabulation Contracts and Procurement Department 3318 ITEM Description Unit Qty Unit Price Total Price 1 Shop Labor Normal Hours, Monday to Friday – 8:00 AM to 5:00 PM Tear Down, Inhouse Inspection, Testing, Rebuild HRS 1700 95.00$ 161,500.00$ 2 Shop Labor After Hours, Weekends and Holidays Teardown, Inhouse Inspection, Testing, Rebuild HRS 200 110.00$ 22,000.00$ 3 Onsite Technical support Normal Hours – 8:00 AM to 5:00 PM HRS 200 85.00$ 17,000.00$ 4 Pickup Charge from City’s location to Contractor’s business location EA 20 65.00$ 1,300.00$ 5 Return Charge from Contractor’s business location to City’s location EA 20 65.00$ 1,300.00$ Estimated Spend Mark Up (%) Estimated Spend + Mark up 6 Parts/Materials $ 125,000 20%150,000.00$ 7 Freight Allowance for Parts/Materials $ 14,000 14,000.00$ SUBTOTAL 367,100.00$ 1,069,800.00$ Senior Buyer : Cynthia Perez Pump Repairs for ONS City of Corpus Christi Bid Tabulation Contracts and Procurement Department 3318 Grand Total for all three years South Texas Machine Shop - Alice, Texas Year 3 DATE: February 23, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Josh Chronley, Interim Director of Contracts and Procurement Joshc2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year supply agreement with Neptune Technology Group Inc., of Tallassee, Alabama, for a total amount not to exceed $810,403.79, for water meters and components for the Utilities Department, with first-year funding in the amount of $405,201.90 available in the FY 2021 Water Fund. SUMMARY: This motion authorizes a two-year supply agreement for water meters for the Utilities Department. This agreement is necessary in order to ensure a supply of meters and associated components needed to maintain the performance of the City’s water meter system. BACKGROUND AND FINDINGS: The City of Corpus Christi has over 100,000 metered water connections with an average of 1,000 new service connections being added every year. These connections, whether as part of a new service or regular maintenance, require the installation of components that ensure the continued accurate measurement of water usage. The value in accurate reporting of water usage is illustrated in both operational planning and collection of revenues. The City of Corpus Christi has been utilizing Neptune meters as part of normal operating practices due to its competitive price, accuracy, warranty, and integration with our current automatic metering infrastructure (AMI). This procurement is through the HGACBuy Cooperative. The contracts awarded through the HGACBuy Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The average percentage of savings through the cooperative contract is 56% off list price. Water Meters and Components for Utilities Department AGENDA MEMORANDUM Action Item for the City Council Meeting of March 2, 2021 ALTERNATIVES: An alternative is to not enter into a service agreement, which would require separate procurements on an as needed basis, which would reduce the economies of scale pricing secured through a long-term contract, and would increase the time delay due to the procurement process, which could slow the level of response, in some cases, negatively impacting revenues. FISCAL IMPACT: The fiscal impact for the Utilities Department is an amount not to exceed $405,201.90 for the first year of the two-year supply agreement from the FY 2021 Water Fund, with the remaining cost of $405,201.89 to be budgeted in future years through the annual budget process. Funding Detail: Fund: 4010 Water Fund Organization/Activity: 31510 Maintenance of Water Meters Mission Element: 041 Project # (CIP Only): N/A Account: 520150 Meter/Serv Cnnct Mat RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year supply agreement with Neptune Technology Group Inc., for water meters and associated components for the Utilities Department as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION Water Meters and Componemts for Utilities BUYER: MARCO LOZANO HGAC Buy Co-op WM09-20 Neptune Technology Group, Inc. Item No.Description One-Year Estimated Spend Qty Unit Extended Cost 1 Water Meters and Components for Utilities Department Coop 3.5% Discount $ 405,201.89 2 Year $810,403.79 Freight / Shipping Included 0.00 0.00 Two Year Total $810,403.79 Supply Agreement Standard Form Page 1 of 7 SUPPLY AGREEMENT NO. 3419 Water Meters and Components for Utilities Department THIS Water Meters and Components for Utilities Department Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Neptune Technology Group Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Water Meters and Components for Utilities Department in response to Request for Bid No. HGACBuy Coop WM09-20 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Water Meters and Components for Utilities Department in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for two years. The parties may mutually extend the term of this Agreement, 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 $810,403.79, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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: 138E9836-4F72-4687-874D-F2B0745B811C Supply Agreement Standard Form Page 2 of 7 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Contract Funds Administrator Phone: 361-826-1649 Email: N/A 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7.Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Supply Agreement Standard Form Page 3 of 7 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. In the event of a conflict between Section 8(A) and Attachment D, the latter controls. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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. DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Supply Agreement Standard Form Page 4 of 7 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contract Funds Administrator Address: 2726 Holly Rd., Corpus Christi, Texas 78415 Phone: 361-826-1649 Fax: N/A IF TO CONTRACTOR: Neptune Technology Group Inc. Attn: Lawrence M Russo Title: VP Finance Address: 1600 Alabama Highway 229, Tallassee, AL 36078 Phone: 334-283-7215 Fax: N/A 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL THIRD PARTY LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, REASONABLE ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT 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 DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Supply Agreement Standard Form Page 5 of 7 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. Notwithstanding the foregoing, City Manager’s election to terminate this Agreement shall not excuse City’s obligation to pay for products and services rendered prior to the termination date. 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. EXCEPT IN THE CASE OF THE INDEMNIFICATION PROVIDED BY SECTION 17, IN NO EVENT WILL CONTRACTOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, HOWEVER CAUSED, WHETHER OR NOT FORESEEABLE, AND EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND CONTRACTOR’S AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE FOR ANY AND ALL CAUSES SHALL BE LIMITED TO THE AMOUNT LISTED IN SECTION 3. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 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 DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Supply Agreement Standard Form Page 6 of 7 consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23.Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Supply Agreement Standard Form Page 7 of 7 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Interim Assistant Director, 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. HGACBuy Coop WM09-20 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C 1/28/2021 VP Finance Lawrence M Russo Page 1 of 1 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information The Contractor shall provide water meters and associated components as per HGACBuy Cooperative Contract WM09-20 Water, Gas, and Electric Meters and Associated Equipment to the Utilities Department, on an as needed basis for a period of two-years. 1.2 Service Requirements A. The Contractor shall deliver parts to: City of Corpus Christi - Water – Utilities Department 2726 Holly Rd., Building 8-A, Corpus Christi, Texas 78415 B. The Contractor shall deliver parts between the hours of 7:00am through 5:00pm. C. The Contractor is responsible for all shipping charges. C. The Contractor shall have a bill of sale upon delivery. D. Pricing shall follow HGACBuy Cooperative Contract WM09-20 pricing schedule. E. If any items are found to be defective, unusable, or not in working condition, the Contractor shall arrange the return of the shipment or the shipping charges will be reimbursed on the invoice. DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C 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 One-Year Estimated Spend Qty Unit Total Water Meters with HGACBuy Cooperative Contract WM09-20 $ 405,201.90 2 Year $ 810,403.79 Freight / Shipping Included $ 0.00 $ 0.00 Two-Year Total $ 810,403.79 COMPANY: Neptune Technology Group Inc. NAME OF PERSON AUTHORIZED TO SIGN: Lawrence M Russo ADDRESS: 1600 Alabama Highway 229 CITY / STATE/ZIP: Tallassee, Alabama, 36078 PHONE: 334-283-7215 EMAIL: FAX: N/A DATE: SIGNATURE: TITLE: 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 POSTPONE THIS PROJECT UNTIL A LATER DATE. DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C VP Finance lrusso@neptunetg.com 1/28/2021 Contract No.:WM09-20 Date Prepared:11/10/2020 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 500 51.60$ 25800 1000 51.60$ 51600 1000 51.60$ 51600 500 51.60$ 25800 500 51.60$ 25800 20 51.60$ 1032 1 51.60$ 51.6 1 51.60$ 51.6 1 51.60$ 51.6 1 51.60$ 51.6 1 RPH5G01S2629 10" HPT PROCODER REGISTER with Nicor Connector 51.60$ 51.6 0 181890 Quan Unit Pr Total 0 0 0 0 0 0% 0 181890Delivery Date: D. Total Purchase Price (A+B+C): B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Subtotal B: Total From Other Sheets, If Any: C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Description Subtotal C: Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).For this transaction the percentage is: RPH2G31S2629 1" PROCODER REGISTER with Nicor Connector RPH5G21S2629 3" HPT PROCODER REGISTER with Nicor Connector RPH5G11S2629 2" HPT PROCODER REGISTER with Nicor Connector RPH2G51S2629 2" t-10 PROCODER REGISTER with Nicor Connector RPH5G31S2629 4" HPT PROCODER REGISTER with Nicor Connector Total From Other Sheets, If Any: RPH5G41S2629 6" HPT PROCODER REGISTER with Nicor Connector RPH5G51S2629 8" HPT PROCODER REGISTER with Nicor Connector Subtotal A: Description RPH2G11S2629 5/8" PROCODER REGISTER with Nicor Connector RPH2G41S2629 11/2" t-10 PROCODER REGISTER with Nicor Connector A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary RPH2G21S2629 3/4" PROCODER REGISTER with Nicor Connector CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases General Description of Product:Water Meters (Registers) joannam@cctexas.com Neptune Technology Group, Inc. Hunter Brown 334-415-2032 hbrown@neptunetg.com This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. City of Corpus Christi, Texas Joanna Moreno 361-826-1649 Catalog / Price Sheet Name:Neptune PL-37 Price Sheet DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Contract No.:WM09-20 Date Prepared:11/10/2020 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 1 80.93$ 80.93 1000 97.16$ 97160 250 143.76$ 35940 100 336.96$ 33696 125 430.98$ 53872.5 100 499.56$ 49956 125 523.22$ 65402.5 100 ET4BRPHG21S2629 3" HPT with Nicor Connector 734.14$ 73414 50 ET4CRPHG21S2629 4" HPT with Nicor Connector 957.33$ 47866.5 20 ET4DRPHG21S2629 6" HPT with Nicor Connector 1,549.56$ 30991.2 10 ET4ERPHG21S2629 8" HPT with Nicor Connector 1,992.30$ 19923 5 ET4FRHG21S2629 10" HPT with Nicor Connector 3,436.06$ 17180.3 525482.93 Quan Unit Pr Total 0 0 0 0 0 0% 0 525482.93 Subtotal C: Delivery Date: D. Total Purchase Price (A+B+C): C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Subtotal A: B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Description Total From Other Sheets, If Any: Subtotal B: Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).For this transaction the percentage is: ET4ARPHG21S2629 2" HPT with Nicor Connector Total From Other Sheets, If Any: ED2B21RPHG21S2629 5/8x3/4" t-10 METER with Nicor Connector ED2D21RPHG21S2629 3/4" t-10 METER with Nicor Connector ED2F21RPHG21S2629 1" t-10 METER with Nicor Connector ED2H11RPHG21S2629 11/2" t-10 METER with Nicor Connector ED2J11RPHG21S2629 2" t-10 METER with Nicor Connector ET4HRPHG21S2629 11/2" HPT with Nicor Connector Description 361-826-1649 334-415-2032 joannam@cctexas.com hbrown@neptunetg.com Catalog / Price Sheet Name:Neptune PL-37 Price Sheet General Description of Product:Water Meters (T-10 & HPT) A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. City of Corpus Christi, Texas Neptune Technology Group, Inc. Joanna Moreno Hunter Brown DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Contract No.:WM09-20 Date Prepared:11/10/2020 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 0 1 1,651.79$ 1651.79 1 2,225.95$ 2225.95 3 3,738.49$ 11215.47 1 53120-000 2" Bronze Strainer 331.00$ 331 4 53107-000 3" Bronze Strainer 588.00$ 2352 5 53107-100 4" Bronze Strainer 710.20$ 3551 4 .52000-201 6" Bronze Strainer 1,196.53$ 4786.12 3 52000-304 8" Bronze Strainer 2,185.31$ 6555.93 3 52000-402 10" Bronze Strainer 3,663.20$ 10989.6 0 0 43658.86 Quan Unit Pr Total 0 0 0 0 0 0% 0 43658.86Delivery Date: D. Total Purchase Price (A+B+C): Total From Other Sheets, If Any: Subtotal B: Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).For this transaction the percentage is: C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Subtotal C: Total From Other Sheets, If Any: Subtotal A: B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Description EC3BRPHG21S2629 3" TRU/FLO Compound Meter with Nicor Connector EC3CRPHG21S2629 4" TRU/FLO Compound Meter with Nicor Connector EC3DRPHG21S2629 6" TRU/FLO Compound Meter with Nicor Connector Catalog / Price Sheet Name:Neptune PL-37 Price Sheet General Description of Product:Water Meters (Compounds & Strainers) A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary Description 361-826-1649 334-415-2032 joannam@cctexas.com hbrown@neptunetg.com CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. City of Corpus Christi, Texas Neptune Technology Group, Inc. Joanna Moreno Hunter Brown DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Contract No.:WM09-20 Date Prepared:11/10/2020 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 10 3.50$ 35 2000 0.22$ 440 20 371.28$ 7425.6 10 556.92$ 5569.2 5 742.56$ 3712.8 5 1,113.84$ 5569.2 5 1,485.12$ 7425.6 5 1,856.40$ 9282 0 0 0 0 39459.4 Quan Unit Pr Total 0 0 0 0 0 0% 0 39459.4 Subtotal C: Delivery Date: D. Total Purchase Price (A+B+C): B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Description Total From Other Sheets, If Any: Subtotal B: Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).For this transaction the percentage is: C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges 12482-002 Installation Kit .9106-001 Register Seal Pins 13761-021S2629 2" HPT UME with Nicor Connector 13761-121S2629 3" HPT UME with Nicor Connector Total From Other Sheets, If Any: Subtotal A: 13761-221S2629 4" HPT UME with Nicor Connector 13761-321S2629 6" HPT UME with Nicor Connector 13761-421S2629 8" HPT UME with Nicor Connector 13761-521S2629 10" HPT UME with Nicor Connector Description 361-826-1649 334-415-2032 joannam@cctexas.com hbrown@neptunetg.com Catalog / Price Sheet Name:Neptune PL-37 Price Sheet General Description of Product:Water Meters (UME & Misc.) A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. City of Corpus Christi, Texas Neptune Technology Group, Inc. Joanna Moreno Hunter Brown DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Contract No.:WM09-20 Date Prepared:11/10/2020 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 0 1 160.00$ 160 1 197.60$ 197.6 1 485.00$ 485 1 520.00$ 520 1 850.00$ 850 1 1,300.00$ 1300 1 2,600.00$ 2600 1 EP4D1RPHG21S2629 6" HP Protectus III Meter with Nicor Connectors 6,000.00$ 6000 1 EP4E1RPHG21S2629 8" HP Protectus III Meter with Nicor Connectors 7,800.00$ 7800 0 0 19912.6 Quan Unit Pr Total 0 0 0 0 0 0% 0 19912.6 Subtotal C: Delivery Date: D. Total Purchase Price (A+B+C): Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).For this transaction the percentage is: C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Subtotal B: EU3C1G1S2629 4" Mach 10 Meter with Nicor Connector EU3E1G1S2629 6" Mach 10 Meter with Nicor Connector Total From Other Sheets, If Any: Subtotal A: B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Description Total From Other Sheets, If Any: EU3A1G1S2629 3" Mach10 Meter with Nicor Connector Catalog / Price Sheet Name:Neptune PL-37 Price Sheet General Description of Product:Water Meters (Mach10 & Protectus) A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary Description EU1D1G1S2629 3/4" SL Mach 10 Meter with Nicor Connector EU1F1G1S2629 1" Mach 10 Meter with Nicor Connector EU2B1G1S2629 1 1/2" Mach 10 Meter with Nicor Connector EU2F1G1S2629 2" Mach 10 Meter with Nicor Connector 361-826-1649 334-415-2032 joannam@cctexas.com hbrown@neptunetg.com CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. City of Corpus Christi, Texas Neptune Technology Group, Inc. Joanna Moreno Hunter Brown DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Page 1 of 3 ATTACHMENT C- 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 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Page 2 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in 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. DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Page 3 of 3 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, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept.. DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Attachment D: Warranty Requirements Manufacturer’s Warranty (See Attachments). Exhibit D DocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Exhibit DDocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Exhibit DDocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Exhibit DDocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C Exhibit DDocuSign Envelope ID: 138E9836-4F72-4687-874D-F2B0745B811C DATE: February 23, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year supply agreement with EGSW, LLC, of Wimberly, Texas, for a total amount not to exceed $512,300.00, for Micro-Solve (a preventative grease and odor solution) for Wastewater Treatment Plants, with FY 2021 funding in the amount of $149,421.00 available from the FY 2021 Wastewater Fund. SUMMARY: This motion authorizes a two-year supply agreement for Micro-Solve for Wastewater Treatment Plants. This agreement is necessary to facilitate the treatment process at the wastewater treatment plants and lift stations. This two-year supply agreement provides Micro-Solve for the City’s wastewater treatment plants and lift stations. There is currently no contract in place for this product. When this product was previously procured, each wastewater treatment plant would seek its own competitive quotes. Having this supply agreement in place secures better pricing due to economies of scale and reduces the administrative time to solicit bids each time supply is needed. BACKGROUND AND FINDINGS: Micro-solve is used at several wastewater treatment plants and lift stations to address treatment issues related to the accumulation of animal fats, grease, and oils, and to address nuisance odors. It is a preventative grease and odor solution for wastewater treatment. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids. The City received two bids and staff is recommending the award to the lowest, responsible bidder, EGSW LLC. Micro-Solve for Wastewater Treatment Plants AGENDA MEMORANDUM Action Item for the City Council Meeting of March 2, 2021 ALTERNATIVES: An alternative is to not enter into a service agreement. This would require separate procurements on an as needed basis which would reduce the economies of scale pricing secured through a long-term contract. This would also increase the time delay due to the procurement process, slowing the level of response, thereby increasing problems with grease such as odor and overflows. FISCAL IMPACT: The fiscal impact for the Utilities Department is an amount not to exceed $149,421.00 for the first year of the two-year supply agreement from the FY 2021 Wastewater Fund, with the remaining cost of $362,879.00 to be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33100 Broadway Wastewater Plant Mission Element: 064 Project # (CIP Only): N/A Account: 520010 Purification chemicals Cost: $49,807.00 Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Plant Mission Element: 064 Project # (CIP Only): N/A Account: 520010 Purification chemicals Cost: $49,807.00 Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Plant Mission Element: 064 Project # (CIP Only): N/A Account: 520010 Purification chemicals Cost: $49.807.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year supply agreement with EGSW LLC, for Micro-Solve for Wastewater Treatment Plants as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Supply Agreement ITEM Description Unit 2-Year Qty Unit Price 2-Year Total Price Unit Price 2-Year Total Price Unit Price 2-Year Total Price 1 Micro-Solve 55 Gallon Drum #MS2-Drum EA 164 3,000.00$ 492,000.00$ 3,300.00$ 541,200.00$ -$ 2 Micro-Solve Complete Pumping Kit #MS3-Pump Kit EA 10 650.00$ 6,500.00$ 2,500.00$ 25,000.00$ -$ 3 Micro-Solve Bubbler System (Complete) #TB1 EA 6 2,300.00$ 13,800.00$ 650.00$ 3,900.00$ -$ TOTAL 512,300.00$ 570,100.00$ -$ * Non Responsive * Univar Solutions - Kent, Washinton EGSW, LLC - Wimberly, Texas Manhole Rehab, Inc. - Plano, Texas City of Corpus Christi Contracts and Procurement Department Buyer : Marco Lozano Bid Tabulation RFB # 3342 Micro-Solve for Wastewater Treatment Plants Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 SUPPLY AGREEMENT NO. 3342 Micro-Solve for Wastewater Treatment Plants THIS Micro-Solve for Wastewater Treatment Plants Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and E.G.S.W. LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Micro-Solve for Wastewater Treatment Plants in response to Request for Bid No. 3342 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Micro-Solve for Wastewater Treatment Plants in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for two years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so 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 $512,300.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Department Phone: 361-826-1649 Email: Joannam@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 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. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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 DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contracts / Funds Administrator Address: 2726 Holly Rd, Corpus Christi, Texas 78415 Phone: 361-826-1649 Fax: N/A IF TO CONTRACTOR: E.G.S.W. LLC Attn: Troy Najar Title: Owner Address: 65 Woodcreek Dr., Wimberley, Texas 78676 Phone: 512-775-5358 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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. DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 3342 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 Troy Najar Chief 1/20/2021 Page 1 of 1 ATTACHMENT A: SCOPE OF WORK 1. General Requirements The Contractor shall supply and deliver Micro-Solve to accelerate bacterial growth and solve many of the issues associated with handling and treatment of animal fat, grease, oil accumulations and buildup in the Wastewater Treatment facilities' and Lift Stations. 2. Scope of Work A. The Contractor shall supply and deliver Micro-Solve and associated products to city wastewater treatment plants. B. Orders will be placed on an “as needed” basis. C. The Contractor shall deliver the order within 24 hours of order placement. D. The product will be delivered to the following locations: Name Address 1 Broadway WW Treatment Plant 801 Resaca 2 Oso WW Treatment Plant 501 Nile 3 Greenwood WW Treatment Plant/Lift Stations 6541 Greenwood 4.3 Invoicing The Contractor shall submit an itemized invoice for payment, which shall include the following: • Service Agreement No. and PO No. • Date of Delivery • Delivery Address • Itemized List of Charges DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 Page 1 of 3 ATTACHMENT C- 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 BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 POLLUTION LIABILITY Risk Review $1,000,000 Per Occurrence C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 Page 2 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in 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. DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 Page 3 of 3 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, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services – Services Performed Onsite - Pollution 04/14/2020 Risk Management – Legal Dept. DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty applies to this Supply Agreement therefore, Section 8 Warranty Subsections 8(A) and 8(B) are void. DocuSign Envelope ID: C3BBDFE8-0A07-424B-8A54-A5F8FFC08257 DATE: February 23, 2021 TO: Peter Zanoni, City Manager FROM: David Lefeldt Director of Solid Waste Operations DavidL3@cctexas.com (361) 826-3042 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-1966 CAPTION: Motion authorizing a four-year service agreement for on-call Electrical Services for City Landfills with Readyflo Systems, LLC of Corpus Christi, Texas for a total amount not to exceed $117,120.00; with FY 2021 funding in an amount of $17,080.00 in the General Fund. SUMMARY: This motion authorizes a four-year service agreement for with Readyflo Systems, LLC for Electrical Services for City Landfills: J. C Elliott Collection Center and Cefe Valenzuela Landfill. BACKGROUND AND FINDINGS: The capability to have on-call service for electrical repairs is critical to operations and worker safety at both landfill locations, to ensure electrical panels, motors and sump pumps remain in continuous operation. Faulty or off -line equipment at these locations can possibly lead to regulatory violations from Texas Commission on Environmental Quality . The Contracts and Procurement Department conducted a competitive request for bid process to obtain bids for new long-term contract. The City received three bids and is recommending the award to Readyflo Systems, LLC as the lowest responsive, responsible bidder. Electrical Services for City Landfills AGENDA MEMORANDUM Action Item for the City Council Meeting March 2, 2021 ALTERNATIVES: The alternative is to perform the work in-house. However, additional employees will need to be hired with the expertise to perform this specialized type of work. In the long run, this alternative may not be the best solution due to the increase cost for intern al staffing. FISCAL IMPACT: The fiscal impact for the Solid Waste Operation in FY 2021 is an estimated amount of $17,080.00 for this four-year service agreement. The remaining estimated $100,040.00 will be budgeted in future years through the annual b udget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12530 Elliott Closure / Postclosure Exp Mission Element: 033 Professional Services Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $8,540.00 Fund: 1020 General Fund Organization/Activity: 12506 Cefe Valenzuela Landfill Operations Mission Element: 033 Professional Services Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $8,540.00 RECOMMENDATION: Staff recommend approval of this motion authorizing a four- year service agreement with Readyflo Systems, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Contracts and Procurement Department Buyer: Sandra Rodriguez ITEM DESCRIPTION UNIT 4 YEAR QTY UNIT PRICE EXTENDED PRICE 1 Electrician Normal Hours ( M-F 8:00 am - 5:00 pm ) Hour 600 $52.00 $31,200.00 2 Electrician After Hours ( 5:01 pm -7:59 am) Hour 240 $78.00 $18,720.00 ALLOWANCE MARK-UP % EXTENDED PRICE 3 $60,000 12%$67,200 PARTS Parts and Materials GRAND TOTAL $117,120.00 LABOR Readyflo Systems, LLC Corpus Christi, TX Bid Tabulation RFB No. 3386 Electrical Services for City Landfills UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE $70.00 $42,000.00 $135.00 $81,000.00 $105.00 $25,200.00 $202.50 $48,600.00 MARK-UP % EXTENDED PRICE MARK-UP% EXTENDED PRICE 20%$72,000 15%$69,000 Cubit Contracting, LLC Corpus Christi, TX $139,200.00 $198,600.00 Scott Electric Company Corpus Chrsiti, TX Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 SERVICE AGREEMENT NO. 3386 Electrical Services for City Landfills THIS Electrical Services for City Landfills Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Readyflo Systems LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Electrical Services for City Landfills in response to Request for Bid/Proposal No. 3386 (“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 Electrical Services for City Landfills (“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 four years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. 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 $117,120.00, 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: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name : Gabriel Maldonado Department: Solid Waste Operations Phone: 361-826-1986 Email: GabrielM3@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gabriel Maldonado Title: Contracts and Funds Administrator Address: 2525 Hygeia St., Corpus Christi, TX 78415 Phone: 361-826-1986 Fax: 361-826-1971 IF TO CONTRACTOR: Readyflo Systems LLC Attn: James B. Estes Title: Director of Field Operations Address: 625B Corn Products Rd., Corpus Christi, TX 78409 Phone: 361-289-8888 Ext: 1013 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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 DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Interim Assistant Director, 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. 3386 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 James B Estes Director of Field Operations 1/18/2021 Page 1 of 3 ATTACHMENT A : SCOPE OF WORK 1. General Requirements/Background Information The Contractor shall provide Electrical Services for the Cefe Valenzuela and JC Elliott Landfills. 2. Scope of Work Service Requirements: Not all equipment listed is out of service. Calls will be initiated as repairs are needed as follows: Cefe Valenzuela Landfill A.The Contractor will troubleshoot and repair five electrical sump panels (manufacturer Lucas Technologies). B.The Contractor will trouble shoot and repair three electrical wiring junction boxes connecting electrical panels. C.The Contractor will connect and disconnect five sump pumps (manufacturer Lucas Technologies). JC Elliot Landfill A.Contractor will troubleshoot and repair eight electrical sump panels (manufacturer EPG Inc.). B.The Contractor will trouble shoot and repair five electrical wiring junction boxes connecting electrical panels. C.The Contractor will connect and disconnect eight sump pumps (manufacturer Lucas Technologies). D.The contractor will trouble shoot and repair one electrical panel at the leachate tank battery. E.The Contractor will troubleshoot and repair one electrical panel. 3. Service Requests A.Service repairs requests are to be accepted from the Contract Administrator. DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 Page 2 of 3 B.Repairs shall include all electrical issues that may arise. C.At time of completion the company service technician must report back to the Contract Administrator. D.All parts used for any repair shall be new and unused. E.Contractor shall provide a cost estimate for major repairs, defined as exceeding $1,000.00. All estimates shall include labor, parts, associated to replace, repair requested items utilizing the pricing provided in the Agreement. F.All repairs shall be completely documented by Contractor. A copy of each work order or repair slip will be provide to the personnel on site and shall provide the following: 1.Site location of the electrical repairs 2.A detailed description of the repair 3.List of materials that were replaced 4.Reference the Maximo work order number listing the asset number 5.Labor will be compensated at the hourly rate shown in the contract for the number of hours worked under this contract. 6.Parts and Materials will be compensated at cost, receipts are required and applicable markup as outlined in the contract. G.If any electrical issues are deemed non-repairable, the Contractor shall immediately notify the Contract Administrator. H.In the event that work must be done after normal business hours (Monday – Friday) 8 a.m. to 5 p.m., the Contractor’s overtime rate will apply. 4. Work Site The work shall be performed at the following Landfill locations: •Cefe Valenzuela Landfill at CR 20 Robstown Texas • JC Elliott Landfill at 7001 Ayers Corpus Christi Texas 5. Warranty The Contractor shall provide a 90 day warranty on all labor and materials. 6. Special Instructions Preventative Maintenance Tracking: DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 Page 3 of 3 In order to properly install, operate, and maintain all new equipment for maximum reliability, minimum lifecycle costs, and maximum life; the City requires equipment vendors to provide the following sets of information for input into the City’s Preventative Maintenance system (Maximo): 1.Name plate data for each equipment package or package component as applicable. 2.Installation instructions, diagrams, and specifications including tolerances for items such as alignment, balancing, and running vibration. 3.Operation start, run, and stop instructions; operating ranges, operator monitoring parameters, and operator inspection instruction and schedule. 4.Planned Maintenance schedule, including time-based preventive, meter-based preventative, and predictive monitoring tasks. Job plans, logout-tagout instructions, and required parts lists should be included for all planned maintenance tasks. 5.Parts lists with quantities for all planned maintenance. Recommended spare parts list and quantity for breakdown maintenance. The City will provide formats and forms to submit the above information. DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM RFB No. 3386 Electrical Services for City Landfills PAGE 1 OF 1 Date: Authorized Bidder:Signature: 1. Refer to “Instructions to Bidders” and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City’s Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. ITEM DESCRIPTION UNIT 4 YEAR QTY UNIT PRICE EXTENDED PRICE LABOR 1 Electrician Normal Hours (M-F 8:00 am – 5:00 pm)Hour 600 2 Electrician After Hours (5:01 pm – 7:59 am) Hour 240 ALLOWANCE MARK-UP% EXTENDED PRICE PARTS 3 Parts and Materials $60,000 GRAND TOTAL $ January 12, 2021 Readyflo Systems LLC $52 $31,200 $78 $18,720 12% $117,120 $67,200 ATTACHMENT B: BID AND PRICING SCHEDULE DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 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 1of 3 DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 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: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 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 therefor, Service Agreement 3386, Section 5 Insurance: Bonds subsection 5(B), is herby 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: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 Page 1of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3386, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: 3ACF3BF3-8C50-4C29-B107-C3FACD22EE95 DATE: February 23, 2021 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste Services DavidL3@cctexas.com (361) 826-1966 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the lease-purchase of one self-loading brush truck from Houston Freightliner, Inc., dba Houston Freightliner & Western Star of Houston, Texas for a total amount of $191,084.49 to be used by Solid Waste Operations, effective upon issuance of letter of acceptance with FY 2021 funding in the amount of $6,369.48 available through the General Fund. SUMMARY: This motion will authorize the lease-purchase of one self-loading brush truck to be used by Solid Waste Operations throughout the city for brush daily pick-ups. This unit is being purchased through the HGAC-Buy Cooperative and is a replacement to the existing fleet. BACKGROUND AND FINDINGS: Solid Waste currently has a requirement for the lease purchase of one self-loading brush truck. This unit will be used to collect brush and bulky items in violation of the City’s scheduled set out dates. This unit will be a replacement unit. The self-loading brush truck being replaced is beyond its service life of 8 years, or 8,400 Hrs. It is 9 years old with 11,676 hours. This procurement is through the HGAC-Buy Cooperative. Contracts awarded through the HGAC-Buy Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings on the HGAC- Lease-Purchase of One Self-Loading Brush Truck for Solid Waste AGENDA MEMORANDUM Action Item for the City Council Meeting March 2, 2021 Buy Cooperative is 23% less than list price. In view of these savings through the HGAC Buy Cooperative, it is the recommended method of purchase for the City. ALTERNATIVES: An alternative is to continue using the older brush truck which will require frequent maintenance causing out of service time while it is being repaired. FISCAL IMPACT: The fiscal impact for FY 2021 is estimated at $6,369.48 available through the General Fund. Financing for the lease-purchase of the Self - Loading Brush Truck is based on a sixty-month term with an estimated interest rate of 2.00% for an annual estimated payment of $38,216.88. The total estimated cost over the five-year period, including principal of $181,697.00 and interest of $9,387.49 is $191,084.49. Total Lease-Purchase Price: $181,697.00 Total estimated allowable interest for Lease: $ 9,387.49 Grand Total: $191,084.49 FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12511 Brush Collection Mission Element: 031 Waste & Brush Collection Project # (CIP Only): N/A Account: 530190 Lease-Purchase RECOMMENDATION: Staff recommends approval of this motion authorizing the lease-purchase of one self- loading brush truck for Solid Waste Operations with Houston Freightliner, Inc., dba Houston Freightliner & Western Star as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Contracts & Procurement Buyer: Sandra Rodriguez ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 M2-106, Conventional Cab, SBFA, SRA (PRL-20M)1 $181,697.00 $181,697.00 $181,697.00TOTAL PURCHASE PRICE Price Sheet Lease Purchase of One Self- Loading Brush Truck Solid Waste Operations HGAC Buy Contract No. HT06-20 HOUSTON FREIGHTLINER, dba HOUSTON FREIGHTLINER & WESTERN STAR HOUSTON, TX DATE: March 2, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year service agreement in an amount not to exceed $556,827.00 with Austin Traffic Signal Construction Co. Inc. of Round Rock Texas, to provide roadway illumination and traffic signal maintenance services for the Public Works Department, effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of $162,400.00 available from the Streets and General Funds. SUMMARY: This motion approves a service agreement with Austin Traffic Signal Construction Co. Inc. to provide roadway illumination and traffic signal maintenance services for the Public Works Department. BACKGROUND AND FINDINGS: The Public Works Department is responsible for maintenance of 252 signalized intersections within the City. This Department is also responsible for maintenance of roadway lighting along roadway segments that are not maintained by a franchise utility company, such as AEP and NEC, or required under continuous lighting agreements between the City and TXDOT. This agreement will provide traffic signal maintenance, such as installation, repair, emergency knockdown repair, non-emergency routine installations and roadway illumination maintenance for State Highways, and navigational bridge lighting to ensure proper maintenance and operation of illumination and traffic signals maintained by the City of Corpus Christi. AGENDA MEMORANDUM Action Item for the City Council Meeting March 2, 2021 Purchase of Roadway Illumination and Traffic Signal Maintenance Services The City previously used Siemens Mobility, Inc. to perform these maint enance services. This contract ended so the Contracts and Procurement Department conducted a competitive RFB process to obtain bids for a new contract. The City received one responsive, responsible bid. Staff is recommending the award to the Austin Traffic Signal Construction Co. Inc. This company has previous experience working in the Corpus Christi Area as a sub-contractor on various City street improvement projects. They have crews and personnel dedicated to the South Texas Area. ALTERNATIVES: The alternative is to select Austin Traffic Signal Construction Co. Inc. to provide roadway illumination and traffic signal equipment and maintenance. This would impact the ability for the City to address outages on roadway illumination maintained by the C ity and maintenance at signalized intersections. FISCAL IMPACT: The fiscal impact in FY 2021 for the Public Works Department is approximately $162,400.00. The remaining cost of $394,427.00 will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 1041 Streets Fund Organization/Activity: 12310 Traffic Signals Mission Element: 053 Signals, Signs, & Markings Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs-contracted Cost: $64,960.00 Fund: 1020 General Fund Organization/Activity: 12460 Street Lighting Mission Element: 053 Signals, Signs, & Markings Project # (CIP Only): N/A Account: 530235 Infrastructure Maintenance Cost: $97,440.00 RECOMMENDATION: Staff recommends approval of the contract for roadway illumination and traffic signal maintenance services for Public Works as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation Bid Tabulation RFB # 3320 Roadway Illumination and Traffic- Signal Maintenance Services ITEM Description Unit Qty Unit Price Total Price 1 Labor Normal Hours, Monday to Friday (8:00 AM to 5:00 PM)HRS 500 * See Below 76,405.00$ 2 Labor After Hours, (5:00 PM to 8:00 AM, to include holidays) HRS 100 * See Below 22,922.00$ Estimated Spend Mark Up % Estimated Spend + Markup 3 $ 350,000.00 15%402,500.00$ 4 $ 50,000.00 10%55,000.00$ 556,827.00$ * Note: Unit Price is based on Employee count Labor Breakdown: 1 Traffic Signal Tech IMSA 2 19.10$ 2 Utility Labor / Driller 19.09$ 3 Utility Labor 18.50$ 15.32$ 14.30$ 4 Common Labor 12.00$ * Austin Traffic Signal Round Rock, Texas City of Corpus Christi Contracts and Procurement Department Senior Buyer : Cynthia Perez Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 3320 Roadway Illumination and Traffic Signal Maintenance Services THIS Roadway Illumination and Traffic Signal Maintenance Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Austin Traffic Signal Construction Co. Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Roadway Illumination and Traffic Signal Maintenance Services in response to Request for Bid/Proposal No. 3320 (“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 Roadway Illumination and Traffic Signal Maintenance Services (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for two 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 $556,827.00, 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: C965D1BB-02AC-41D9-AC1D-A440A39D111E 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: Renee T. Couture, P.E. Department: Public Works Department Phone: (361) 826-3539 Email: ReneeC@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: C965D1BB-02AC-41D9-AC1D-A440A39D111E 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: C965D1BB-02AC-41D9-AC1D-A440A39D111E 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: ReneeC@cctexas.com Title: City Traffic Engineer Address:1201 Leopard Street, Corpus Christi, Texas 78401 Phone: (361) 826-3539 Fax: (361) 826-3545 IF TO CONTRACTOR: Austin Traffic Signal Construction Co. Inc. Attn: Stephen Rutledge DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 Title: Area Manager V.P. Address: P.O. Box 130, Round Rock, Texas 78680 Phone: (956)461-2452 Fax: (956)461-2056 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: C965D1BB-02AC-41D9-AC1D-A440A39D111E 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: C965D1BB-02AC-41D9-AC1D-A440A39D111E 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 _______________________________________________ Josh Chronley Interim Assistant 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. 3320 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E AREA MANAGER VICE PRESIDENT 1/29/2021 STEPHEN RUTLEDGE Revised 06.25.20 Attachment A - Scope of Work 1.1 General Requirements/Background Information A. The Contractor will provide traffic signal maintenance (e.g. installation, repair, emergency knockdown repair, non-emergency routine installations), roadway illumination maintenance for State Highways, and navigational bridge lighting to ensure proper maintenance and operation of illumination and traffic signals maintained by the City of Corpus Christi. B. The Contractor shall furnish labor, parts, supplies, materials, tools and equipment necessary to perform scheduled routine and emergency on-call roadway illumination and traffic signal maintenance within the City of Corpus Christi. C. The Contractor is required to make necessary repairs to traffic signal devices, external or internal to the traffic signal controller cabinet, and to roadway illumination on State or City rights-of-way on an as needed basis. The State of Texas licensed journeyman electrician and IMSA Level II certified professionals are always required to be on the jobsite to supervise construction, installation, and troubleshooting. No work will occur at any location, under this agreement, without an IMSA Level II certified professional and a Texas licensed journeyman electrician always present on site. D. This Contract will involve emergency and after-hour work. The Contractor must provide sufficient staff and contact numbers as directed by the City of Corpus Christi. In the event these personnel are non-responsive to calls or do not respond in a timely manner, the Contractor may be deemed to be in default of this contract. E. In the event the equipment or personnel associated with the Contractor are deemed unsatisfactory by the City of Corpus Christi, the Contract Administrator will contact the Contractor for resolution. F. All work performed must be accomplished in a manner that meets all applicable specifications, trade standards and provisions, and federal, state and local codes and regulations. 1.2 Contractor Responsibilities A. The Contractor shall have five years of experience in providing traffic signal maintenance (e.g. installation, repair, emergency knockdown repair, non- emergency routine installations) and roadway illumination maintenance for State Highways and navigational bridge lighting. B. The Contractor must have on staff the following State of Texas Licensed and IMSA certified professionals: minimum one Master Electrician (Licensed in Texas), minimum one journeyman (Licensed in Texas), minimum two IMSA Level II Traffic Signal Technicians, and minimum two IMSA Level II Roadway Lighting DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Revised 06.25.20 Technicians. Contractor must maintain these licensed electricians and certified technicians throughout the length of this Contract. If the minimum electricians and technicians are not staffed by the Contractor, the Contractor will be required to replace them immediately. C. The Contractor selected shall perform the work described herein in a thorough and professional manner so that the City of Corpus Christi is provided with reliable and high-quality Roadway Illumination and Traffic Signal maintenance, installation, and repair services at all times. Roadway Illumination and Traffic signal maintenance and repair shall be performed in accordance with accepted standards for roadway illumination and traffic signals and shall be performed to the satisfaction of the Contract Administrator. The Contractor shall immediately respond when notified by the Contract Administrator to correct unsatisfactory work at no additional charge. D. The Contractor shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform maintenance services. 1.3 Equipment and Materials A. All parts, supplies and major materials required for preventative maintenance of roadway and navigational lighting and traffic signals within the City of Corpus Christi to be maintained under this contract (i.e. luminaires, ballast, bulbs, breakaway bases, poles, traffic signal heads, conduit, etc.) are the responsibility of the Contractor. The Contractor shall furnish all transportation, tools, equipment, machinery, barricading, all necessary safety and/or PPE requirements and all suitable appliances, requisite for the execution of this Contract and shall be solely answerable for the same and for the safe, proper, and lawful construction, maintenance, and use thereof. B. It is the intent of the City of Corpus Christi to furnish roadway illumination poles and luminaires for Park Road 22 and Leopard Street. However, in the event these materials cannot be provided by the City, the Contractor will be asked to provide these specific items. In these circumstances, the Contractor shall provide materials as needed and will be reimbursed at actual cost-plus allowable markup as outlined in the contract. The cost of materials shall consist of cost per item or unit, which is typically sold or furnished as an integrated unit. The Contractor shall provide copies of receipts for all materials submitted for payment. All materials provided by the Contractor must be prequalified and approved in accordance with the State of Texas. A list of pre-qualified materials can be obtained from the Texas Department of Transportation and City of Corpus Christi. Specifications for materials and workmanship shall conform to the current Texas Department of Transportation’s Standard Specifications for construction, City of Corpus Christi Constructions Specifications, and the Texas Manual on Uniform Traffic Control Devices, latest edition. DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Revised 06.25.20 C. If materials from the Contractor’s stock is used to correct emergency or routine maintenance situations, the Contractor may, at the Contractor’s discretion, replace defective equipment with a stock piece of equipment. This specification shall be governed by the following special provisions: •The City of Corpus Christi shall reimburse the Contractor for the cost of time and materials required to repair the defective unit as outlined in the contract. •The Contractor shall not permanently replace a defective piece of equipment with a stock piece of equipment of significantly lesser value. •Any damage caused to the City of Corpus Christi infrastructure, by the Contractor’s personnel will be the responsibility of the Contractor to repair. D. The equipment or material that includes a manufacturer’s warranty for any period more than 12 months, the manufacturer’s warranty shall apply for that piece of material or equipment. The Contractor shall replace such defective equipment or materials, without cost to the City, within the manufacturer’s warranty period. 1.4 Responsibility of Contractor A. The Contractor is responsible for having adequate personnel, tools, and equipment available to respond to emergency and routine maintenance requests on a twenty-four hour per day, seven day per week, 365 days per year basis. B. The Contractor is required to provide a “Call List” which shall indicate a primary and secondary telephone number to be called for emergency and routine maintenance. The Call List shall indicate a telephone number where the Contractor or any subcontractor (e.g., Traffic Control Company) can be reached twenty-four hours per day. Additional telephone numbers provided shall indicate the hours of the day and days of the week for which the number can be used. The Call List shall be updated monthly. C. The Contractor shall have equipment required to perform this contract such as bucket truck, cranes, manlifts and other such equipment. D. The Contractor shall be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State and Municipal laws, TXDOT permits and policies, codes, and regulations applicable to the performance of work. E. The Contractor is responsible for performing line locates for all roadway and navigational lighting maintenance. F. A traffic signal system includes, but is not limited to: traffic signal controllers, controller cabinets and all appurtenant equipment, electrical service cabinet, DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Revised 06.25.20 flashing beacons, pedestrian and vehicle signals, detector systems (Radar- Video-Loop-Microwave), CCTV camera systems, wireless communication equipment, traffic signal communications equipment, battery backup system (BBS), intersection safety lighting, internally illuminated street name signs, G. Install traffic signal poles, mast arms, heads, foundations, and all other related traffic signal equipment. All equipment shall be approved by the Contract Administrator, Traffic Signal Superintendent, or designee. H. Installation of MMU: Remove existing MMU/CVM and install certified MMU that has passed test inspection and place into traffic controller cabinet and make operational. I. Installation of ATC traffic controllers: Remove old traffic controller unit and replace with new ATC controller unit. J. Installation of TS2 traffic controller cabinets. Remove old controller cabinet and install new TS2 cabinet. K. Troubleshoot, repair and maintenance check battery backup systems, audible pedestrian systems, radar detection systems, video detection systems and microwave detection systems. L. Rewiring of signalized intersection. M. Trenching, boring, installation, backfill for underground conduit. N. Replace LED traffic signal modules. O. Work on live and de-energized circuits. P. The Contractor shall obtain all permits and inspections as required. 1.5 Maintenance of Roadway Illumination and Traffic Signal Requirements The Contractor, shall meet the following requirements: A. A pre-construction meeting will be required with the Contractor and the Public Works Department (City Traffic Engineer, City Traffic Signals Superintendent) prior to the start of work to ensure that all materials, equipment and work specifications are understood. B. In the event that the Contractor at any time finds an unsafe traffic signal condition such as signals all dark, signal heads hanging down, RED lamps out etc., the Contractor shall make the repairs necessary to return the intersection to a safe operating condition. The Contractor shall report to the Contract Administrator or his designee immediately upon completion of the repair. Red Flash is considered a safe operation for this purpose. C. The Contract Administrator shall be the final authority regarding quality and workmanship questions. DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Revised 06.25.20 D. The Contractor is required to notify the Traffic Signals Operations Department one week in advance of beginning any work on any City traffic signal facility. The City will not accept or pay any work done where such prior notification does not take place. E. Public Safety and Convenience: Traffic control measures will not be billed separately but are included in the pricing. F. Work Hours: The Contractor will confine all operations to normal daylight hours, sunrise to sunset from 8 AM to 5 PM, Monday thru Friday. Under emergency or extraordinary conditions, a Contractor may be allowed to work after hours between 5 PM to 8 AM. Approval from the Contract Administrator and Traffic Signal Superintendent is required for after hour work. G. Non-Work Hours: The Contractor may not store any equipment or tools on any right-of-way area. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. H. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor’s Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at its own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or the Contractor shall make good such injury or damage in an acceptable manner. All damages which are not repair 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. I. The Contractor shall be required to submit to the City of Corpus Christi Public Works Department, a report which outlines the description of the work performed and the equipment replaced. This report shall be submitted with the payment invoice. 1.6 Scheduled Routine And “As-Required” Roadway Lighting & Traffic Signal Maintenance A. A designated representative of the City of Corpus Christi shall notify the Contractor by phone, or email with a task order of the need for routine maintenance at an intersection(s) or roadway illumination location(s) as included in this Contract. These are maintenance and repair requests that are not critical, or the work involved is of such nature as to require advance scheduling and can be completed on a “as-required” basis. This work shall include but is not limited to major equipment repair/replacement/install, permanent replacement of knockdowns, major rewiring, and general maintenance. The decisions of the necessity for scheduled routine and “as- DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Revised 06.25.20 required” maintenance shall rest solely with the designated representative of the City of Corpus Christi. B. Listed below are examples of situations that shall require scheduled routine and “as-required” maintenance: •Minor displacement of traffic signal heads •Bad roadway lighting ballast •Photo electric cell replacement on roadway light •Install fuse holder and fuse •Replace electrical wiring in existing conduit •Radar detection •Navigational Lighting and •Other occurrences which have immediate severe consequences on proper traffic and roadway lighting operations. C. The Contractor shall be required to respond to the site of an intersection, or intersections requiring routine maintenance within seventy-two hours of the notification by the City of Corpus Christi. D. Some types of maintenance may require the crew to leave the site to obtain the necessary materials or equipment to complete such repairs. In the event extensive repairs are required, contractor shall perform the repairs as soon as reasonably possible. However, not longer than fourteen days after knowledge of the scheduled maintenance. E. Repair response time shall be subject to adjustment for natural events and inclement weather. Inclement weather shall be defined as when the degree of rain, storms, high winds, or other natural occurrences would result in unsafe work conditions to either start or continue work. Contractor will not be required to perform outside work during inclement weather unless such work is necessary to protect life or property. 1.7 Emergency Roadway Lighting & Traffic Signal Maintenance A. A designated representative of the City of Corpus Christi shall notify the Contractor by phone or email with a task order, of the need for emergency maintenance at an intersection(s) or roadway illumination location(s) as included in this Contract. The decisions of the necessity for emergency maintenance shall rest solely with the designated representative of the City of Corpus Christi. B. Listed below are examples of situations that shall require emergency maintenance: •Intersection without power DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Revised 06.25.20 •Intersection in conflict flash •Displacement of signal heads •Controller skipping or short timing phases •Cabinet destroyed in accident •Roadway light pole knocked down blocking traffic •Power service pole/signal pole knocked down •Other occurrences which have immediate severe consequences on proper traffic and roadway lighting operations C. The Contractor shall be required to respond to the site of an intersection, or intersections requiring emergency maintenance within two hours of the notification by the City of Corpus Christi. All conditions of public peril shall be removed within two hours of notification of such condition. Such conditions include but are not limited to downed poles and/or power lines from streets associated with street lighting, or other repairs designated to need emergency response by the City. D. The Contractor shall provide a telephone number where he can be reached twenty-four hours per day. The telephone number shall be made available to the City of Corpus Christi Emergency Dispatch. E. If the response exceeds this time limit, the Contractor shall reimburse the City for all expenses incurred related to City Staff and equipment to monitor the emergency site until the Contractor arrives on scene. F. Some types of maintenance may require the crew to leave the site to obtain the necessary materials or equipment to complete such repairs. In the event extensive repairs are required, Contractor shall perform the repairs as soon as reasonably possible. However, not longer than fourteen days after knowledge of the scheduled maintenance unless otherwise approved by the City. G. Repair response time shall be subject to adjustment for natural events and inclement weather. Inclement weather shall be defined as when the degree of rain, storms, high winds, or other natural occurrences would result in unsafe work conditions to either start or continue work. Contractor will not be required to perform outside work during inclement weather unless such work is necessary to protect life or property. DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Revised 06.25.20 1.8 Traffic Control A. Contractor shall provide traffic control plans as necessary to be reviewed and approved by City of Corpus Christi and obtain all permits through Texas Department of Transportation (TXDOT), prior to beginning repairs or maintenance. B. The Contractor is required to provide all traffic control during maintenance activities. Traffic control shall be in conformance with the Texas Manual on Uniform Traffic Control Devices, Latest Edition. C. When working along a highway or frontage road, the Contractor must coordinate construction / repairs with TXDOT for permits, to perform maintenance or repairs and for road/ lane closures or detours. D. Should construction be underway by other forces or by other contractors within or adjacent to the limits of the work specified or should work of any nature be underway by other forces within or adjacent to the said limits, the Contractor shall cooperate with all other Contractor’s or other forces to the end that any delay, duplication, or hindrance to their work shall be avoided. E. The Contractor shall be responsible for maintenance of all traffic control devices 24 hours a day, 7 days a week (including weekend and holidays) for the entire period of maintenance being performed on a project. Maintenance shall also include inspecting all traffic control devices during the working hours. F. The Contractor shall be responsible for inspecting and securing traffic control devices that are required to remain in place outside of working hours, overnight, before and after a natural occurrence (e.g. wind or rainstorm, hurricane, etc.). Any traffic control device not properly located, damaged, or missing shall be reinstalled immediately. 1.9 Payment A. Payment for services rendered under this contract shall be made to the Contractor on either a per task on a monthly basis. Payment shall be made for actual services rendered only. All invoices for payment must describe the task order, location, date work was completed, and nature of work performed. Receipts for materials used must be submitted with the invoice. No compensation will be made to the Contractor for any time, equipment, or materials other than as stated below: •Labor rates, for time (Hours) spent performing maintenance (including diagnosis) •Materials used in performing requested maintenance •Equipment used in repairs DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Revised 06.25.20 B. Work and services deemed by the City of Corpus Christi to be defective or faulty, whether the result of poor workmanship, use of improper or defective materials, damage through improper use or placement, or any other cause, will neither be accepted nor shall payment be made. Payment for faulty or defective work will be withheld until the work has been removed, re-executed and corrected in a manner satisfactory to the City of Corpus Christi. 1.10 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. DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Attachment B- Bid Pricing/Schedule Not to exceed Labor - Breakdown: 1. Traffic Signal Tech IMSA 2 -$19.10 2. Utility Labor/Driller $ 19.09 3. Utility Labor $14.30 , $15.32 and $18.50 4. Common Labor $12.00 Unit Price is based on employee count. * _____ $55,000 ______$556,827 DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E SLR Attachment C - Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E INSTALLATION FLOATER Value of the Equipment and Materials PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 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; DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E •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 4-S Contracts for General Services – Services Performed Onsite – Pollution – Installation Floater – Professional Liability 04/14/2020 Risk Management – Legal Dept. DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Attachment C – Bond Requirements No bond requirements necessary for this service agreement; Section 5.Insurance; Bonds Subsection (B) is null for this service agreement. DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E Attachment D - Warranty Requirements The equipment or material that includes a manufacturer’s warranty for any period more than 12 months, the manufacturer’s warranty shall apply for that piece of material or equipment. The Contractor shall replace such defective equipment or materials, without cost to the City, within the manufacturer’s warranty period. DocuSign Envelope ID: C965D1BB-02AC-41D9-AC1D-A440A39D111E DATE: March 2, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 Josh Chronley, Interim Assistant Director of Contracts and Procurement Joshc2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a three-year service agreement for mowing and grounds maintenance of Storm Water Group 4 for an estimated amount of $195,510.00 with Dorame General Repair and Lawn, LLC of Corpus Christi, Texas for the Public Works Department, with FY 2021 funding in an amount not to exceed $38,015.00 available through the Storm Water Fund. SUMMARY: This resolution authorizes a three-year service agreement for the mowing and grounds maintenance of Storm Water Group 4. These services are necessary to maintain the highly visible, high traffic storm water areas. BACKGROUND AND FINDINGS: The mowing and grounds maintenance for storm water areas assists in ensuring that the grounds of each site are safe, secure and presentable at all times. The current contracts are managed through the Parks and Recreation Department. The current contract is for a three-year term for $226,380.00 with Dorame General Repair and Lawn, LLC. However, as of March 1, 2020, due to the recent department transition, areas have been reassigned to Public Works’ Storm Water for these new contracts. Below is the list of locations that will be maintained under this contract. Mowing Services for Storm Water Group 4 AGENDA MEMORANDUM Action Item for the City Council Meeting March 2, 2021 Group 4 Locations Acreage G4-1 NAS Triangle 700 Waldron Rd. @ NAS Dr. 0.21 G4-2 Bull Finch Bull Finch @ 9600 SPID 0.07 G4-3 Perry Place Circles 2@ 8200 Argonne, 2@ 8200 Vetters @ Paul Jones 0.23 G4-4 Caravelle Medians Medians on Caravelle Pkwy, Weber to Liptonshire 0.38 G4-5 Cedar Pass/Everhart 4700 Cedar Pass s. side to Everhart w. side to Megal 0.25 G4-6 Snowgoose Snowgoose, Brasevalley to Wood Duck, N. & S. side 0.59 G4-7 Everhart Everhart, Snowgoose to Cedar Pass 0.42 G4-8 Yorktown Medians / R.O.W. Yorktown from Everhart to S. Staples N & S sides 6.33 G4-9 Cimarron R.O.W. Cimarron W & E side, Woodridge to Fitzhugh 0.39 G4- 10 Durant / Dewberry Durant / Dewberry from Wooldridge to Fulton 0.71 G4- 11 Patton Patton, Holly to Wooldridge 0.86 G4- 13 Misty Meadow Misty Meadow, S. side, Cimarron to Cricket Hollow 0.08 G4- 14 Oso Parkway Oso Parkway, S. side 1.71 G4- 15 Holly Rd. R.O.W. Crosstown to Rodd Field Rd. 17.38 G4- 16 Cleopatra 800 Cleopatra 0.05 G4- 17 New Yorktown Medians/ROW Weber to beginning of Great Lakes Subdivision 4.64 TOTAL ACRES 34.30 Contracts and Procurement conducted a competitive Request for Bid process to obtain bids for new long-term contracts. The City received eight bids and is recommending award to the lowest responsive, responsible bidder, Dorame General Repair & Lawn, LLC. ALTERNATIVES: An alternative would be to hire City staff and purchase additional equipment to do the work in-house. Currently, the department does not have the appropriate staffing levels or equipment to maintain the areas. FISCAL IMPACT: The fiscal impact for Public Works in FY 2021 is an estimated amount of $38,015.00, with the remaining amount budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4300 Storm Water Organization/Activity: 32001 SWO Vegetation Management Mission Element: 043 Drainage infra-surface/pipes Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance RECOMMENDATION: Staff recommends approval of this resolution authorizing a three-year service agreement with Dorame General Repair and Lawn, LLC for Group 4 as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Resolution Service Agreement ITEM Description Acres Cycle Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mowing for Group 4 Year 1 34.3 20 95.00$ 65,170.00$ 3,327.00$ 66,540.00$ 3,625.00$ 72,500.00$ 2 Mowing for Group 4 Year 2 34.3 20 95.00$ 65,170.00$ 3,327.00$ 66,540.00$ 3,625.00$ 72,500.00$ 3 Mowing for Group 4 Year 3 34.3 20 95.00$ 65,170.00$ 3,327.00$ 66,540.00$ 3,625.00$ 72,500.00$ 195,510.00$ 199,620.00$ 217,500.00$ ITEM Description Acres Cycle Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mowing for Group 4 Year 1 34.3 20 3,640.00$ 72,800.00$ 3,601.50$ 72,030.00$ 3,773.00$ 75,460.00$ 2 Mowing for Group 4 Year 2 34.3 20 3,640.00$ 72,800.00$ 3,673.00$ 73,460.00$ 3,773.00$ 75,460.00$ 3 Mowing for Group 4 Year 3 34.3 20 3,752.58$ 75,051.60$ 3,746.00$ 74,920.00$ 3,773.00$ 75,460.00$ 220,651.60$ 220,410.00$ 226,380.00$ Lawn In Order - Corpus Christi, Texas Dorame General Repair & Lawn LLC - Corpus Christi, Texas Tony's Lawn Svc. - Rockport, Texas City of Corpus Christi Contracts and Procurement Department Senior Buyer : Cynthia Perez Bid Tabulation RFB # 3355 Mowing Services for Storm Water Group 4 Maldonado Nursery & Landscaping Inc. - San Antonio, Texas WCD Enterprises, LLC - Scottsdale, Arizona Olympia Landscape Development Inc. - Laredo, Texas ITEM Description Acres Cycle Unit Price Total Price Unit Price Total Price 1 Mowing for Group 4 Year 1 34.3 20 4,287.50$ 85,750.00$ 33,325.00$ 666,500.00$ 2 Mowing for Group 4 Year 2 34.3 20 4,416.00$ 88,320.00$ 35,500.00$ 710,000.00$ 3 Mowing for Group 4 Year 3 34.3 20 4,548.00$ 90,960.00$ 38,000.00$ 760,000.00$ 265,030.00$ 2,136,500.00$ Cutrite, LLC - San Antonio, Texas Kerry Montgomery - Laredo, Texas Page 1 of 2 Resolution authorizing a three-year service agreement for mowing and grounds maintenance of Storm Water Group 4 for an estimated amount of $195,510.00 with Dorame General Repair and Lawn, LLC of Corpus Christi, Texas for the Public Works Department, with FY 2021 funding in an amount not to exceed $38,015.00 available through 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 and grounds maintenance for Storm Water Group 4 in response to Bid No.3355 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.3230 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 and grounds maintenance for Storm Water Group 4 is Dorame General Repair and Lawn, LLC of Corpus Christi, Texas, for an amount not to exceed $195,510.00 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 Dorame General Repair and Lawn, LLC, is the lowest responsive, responsible bidder for mowing and grounds maintenance for Storm Water Group 4 and is awarded a contract for an amount not to exceed $195,510.00, 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 2 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.3355. 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, the City Manager, or designee, is authorized to execute a contract for the remainder of the con tract term 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. PASSED AND APPROVED on the ______ day of _________, 2021: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Service Agreement Standard Form - Mowing Page 1 of 7 Approved as to Legal Form November 23, 2020 SERVICE AGREEMENT NO. 3355 Mowing Services for Storm Water Group 4 THIS Mowing Services for Storm Water Group 4 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Dorame General Repair & Lawn, LLC (“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 Group 4 in response to Request for Bid/Proposal No. 3355 (“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 Group 4 (“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 $195,510.00, 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: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Service Agreement Standard Form - Mowing Page 2 of 7 Approved as to Legal Form November 23, 2020 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: Public Works 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 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: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Service Agreement Standard Form - Mowing Page 3 of 7 Approved as to Legal Form November 23, 2020 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Service Agreement Standard Form - Mowing Page 4 of 7 Approved as to Legal Form November 23, 2020 12. Subcontractors. Not applicable. 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: Dorame General Repair & Lawn, LLC Attn: Ramon Dorame Title: President Address: 4213 Hamlin Drive, Corpus Christi, Texas 78411 Phone: (361) 533-6728 Fax: N/A 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Service Agreement Standard Form - Mowing Page 5 of 7 Approved as to Legal Form November 23, 2020 WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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. DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Service Agreement Standard Form - Mowing Page 6 of 7 Approved as to Legal Form November 23, 2020 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23.Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Service Agreement Standard Form - Mowing Page 7 of 7 Approved as to Legal Form November 23, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _______________________________________________ Josh Chronley Interim Assistant 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. 3355 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Ramon J Dorame President 1/27/2021 Revised 09.04.20 Attachment A - Scope of Work 1.1 General Requirements/Background Information Provide complete 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. 1.2 Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown on Exhibit A. Prep Work 1.The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Public Works 2525 Hygeia St. Corpus Christi, Texas 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 DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 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. B. 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 at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2.Cycles Description – 20 cycles a year ROW/Storm Water Group 4 a.Growing Season (March – October) b.Bi-weekly ~ 16 cycles c.The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two cycles per month. Cycle 1 should be during 1st-14th Cycle 2 15th – to end of month. d.Non-Growing Season (November – February) e.Monthly ~ 4 cycles f.The Contractor shall schedule mowing cycles 25 to 35 days apart not mowing no more than one cycle per month. 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. DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 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. 7.Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, 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. C. Edging 1.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. 1.3 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 landscaping and grounds maintenance only in appropriate months and in accordance with the City’s cycle requirements. Changes in such work schedules must be approved by the City. DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 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. 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. 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. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 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 DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 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 thereto 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. 1.6 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 clean sharp cut of vegetation. All equipment shall be 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. 1.7 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 DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 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. 1.8 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 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. DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 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 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. 1.9 Sub-Contracting No Sub-Contracting allowed and only bidders with a local office will be accepted for this bid. DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 27 of 44 Exhibit A – Locations Acreage G4-1 NAS Triangle 700 Waldron Rd. @ NAS Dr.0.21 G4-2 Bull Finch Bull Finch @ 9600 SPID 0.07 G4-3 Perry Place Circles (4)2@ 8200 Argonne & Paul Jones, 2@ 8200 Vetters @ Paul Jones 0.23 G4-4 Caravelle Medians (4) Medains on Caravelle Pkwy, Weber to Liptonshire 0.38 G4-5 Cedar Pass/Everhart 4700 Cedar Pass s. side to Everhart w. side to Megal 0.25 G4-6 Snowgoose Snowgoose, Brasevalley to Wood Duck, N. & S. side 0.59 G4-7 Everhart Everhart, Snowgoose to Cedar Pass 0.42 G4-8 Yorktown Medians / R.O.W.Yorktown from Everhart to S. Staples N & S sides 6.33 G4-9 Cimmaron R.O.W.Cimarron W & E side, Woodridge to Fitzhugh 0.39 G4-10 Durrant / Dewberry Durrant / Dewberry from Wooldridge to Fulton 0.71 G4-11 Patton Patton, Holly to Wooldridge 0.86 G4-13 Misty Meadow Misty Meadow, S. side, Cimmaron to Cricket Hollow 0.08 G4-14 Oso Parkwy Oso Parkway, S. side, Canadian to pass Keltic to end of fence & Drainage Easement 1.71 G4-15 Holly Rd. R.O.W.Crosstown to Rodd Field Rd.17.38 G4-16 Cleopatra 800 Cleopatra 0.05 G4-17 New Yorktown Medians/ROW Weber to beginning of Great Lakes Subdivision 4.64 TOTAL ACRES 34.30 GROUP 4 DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 28 of 44 G4-1 NAS Triangle DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 29 of 44 G4-2 Bull Finch DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 30 of 44 G4-3 Perry Place Circles DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 31 of 44 G4-4 Caravelle Medians DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 32 of 44 G4-5 Cedar Pass/Everhart DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 33 of 44 G4-6 Snowgoose DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 34 of 44 G4-7 Everhart DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 35 of 44 G4-8 Yorktown Medians/ROW DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 36 of 44 G4-9 Cimarron ROW DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 37 of 44 G4-10 Durrant/ Dewberry DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 38 of 44 G4-11 Patton DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 39 of 44 G4-13 Misty Meadow DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 40 of 44 G4-14 Oso Parkway DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 41 of 44 G4-15 Holly Road ROW DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 42 of 44 G4-16 Cleopatra DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Revised 09.04.20 Page 43 of 44 G4-17 New Yorktown Medians/ROW DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Attachment B - Bid/Pricing ScheduleDocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D Attachment 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 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D 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. DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D 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 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D DocuSign Envelope ID: 190E3BBB-494B-41A6-8167-10CB0CC3C88D DATE: February 23, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 David Lehfeldt, Director of Solid Waste DavidL3@cctexas.com (361) 826-1966 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a five-year service agreement with Area Electronics Systems, Inc., dba DataON, in an amount not to exceed $74,010.50 for the purchase data storage, application servers, and warranty for the Cefe Valenzuela Landfill and J.C. Elliott Collection Center, effective upon issuance of a notice to proceed, with FY 2021 funding available through the General Fund. SUMMARY: This resolution authorizes a service agreement with Area Electronics Systems, Inc., dba DataON to provide Azure Stack HCI hardware for Solid Waste Operations at the Cefe Valenzuela Landfill (Cefe) and J.C Elliott Collection Center (Elliott). This contract will be managed by the Information Technology (IT) Department and will provide a DataOn computer platform, five years of warranty and support, and remote hands-on training. BACKGROUND AND FINDINGS: Since 2019, IT Department has implemented the existing solution within the City Hall Data Center. The IT department has standardized with DataON products to help cut costs, provide performance and scalability. The City’s current solution provides servers and Data Storage and Application Server for City’s Landfill and Collection Center AGENDA MEMORANDUM Action Item for the City Council Meeting March 2, 2021 storage for all departments. A similar design will be used at the Cefe Valenzuela Landfill and J. C. Elliott Collection Center to replace the current aging hardware, enabling the City’s IT department to effectively manage the Solid Waste department’s servers. This is a sole source procurement. Area Electronics Systems, Inc. is a proprietary vendor that can provide storage hardware consistent with the City’s current hardware. ALTERNATIVES: An alternative to accepting this agreement would not be beneficial for Solid Waste as their hardware is aged and not compatible to current hardware being used by IT. FISCAL IMPACT: The fiscal impact for the Solid Waste in FY 2021 is an amount not to exceed $74,010.50. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12504 JC Elliott Transfer Station Mission Element: 033 Landfills Project # (CIP Only): n/a Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this resolution authorizing a service agreement with Area Electronics Systems, Inc., dba DataON as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Service Agreement Resolution authorizing a five-year service agreement with Area Electronics Systems, Inc., dba DataON, in an amount not to exceed $74,010.50 for the purchase data storage, application server s, and warranty for the Cefe Valenzuela Landfill and J.C. Elliott Collection Center, effective upon issuance of a notice to proceed, with FY 2021 funding available through the General Fund. 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 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 adopt 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 five-year service agreement with Area Electronics Systems, Inc., dba DataON, in an amount not to exce ed $74,010.50 for Azure Stack Hyper-Converged Infrastructure (HCI). Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 20 21: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Azure Stack HCI Converged Infrastructure for Landfills Anaheim, CA Item Description Qty Cost Extended Cost 1 DataON Compute Platform 1 $58,270.00 $58,270.00 2 Five Year Warranty & Support 1 $8,740.50 $8,740.50 3 DataON Remote Hands-On Training 2 $3,500.00 $7,000.00 $74,010.50Total Area Electronics Systems, Inc dba DataON ATTACHMENT A: SCOPE OF WORK PROJECT NAME: DataON Solid Waste Server Refresh PROJECT ADDRESS: City of Corpus Christi 1201 Leopard Street, Corpus Christi Texas, 78401, 2397 Co Rd 20, Robstown, TX 78415, and 6594 Greenwood Dr, Corpus Christi, TX 78415. Scope of Work: A. The Contractor shall deliver the four servers to 1201 Leopard Street for the Cefe & Elliot Landfills. B.The contractor shall include Data on management Utility Software Tools for each server. C.The Contractor shall provide Remote Hands-On Deployment Services and training for the two sites. D.The Contractor shall include hardware and warranty support for the servers, which includes power supplies, or any other items that are related to hardware being purchased. E.The Contractor shalll provide NBD (Next Business Day) replacement on failed parts, which will include support via email, WebEx, and phone. F.The Contractor shalll provide an 8-hour response time; 7 days a week: 24 hours a day hardware support. G.Contract Administrator for IT: Phillip Grant, phone number 361-826-3845, phillipg2@cctexas.com. Page 1 of 1 Quote#:102696-4 DEVA© 2017-20 Rev0.93 Quotation Customer:The City of Corpus Christi (TX) Contact:Sam Bhakta | Josh Chronley Quote Date: 1/5/2021 Valid Thru: 3/31/2021 Phone:(361) 826-3094 Phone:(714)-993-0300 Email:SamitB@cctexas.com Fax:(714)-386-6125 Payment Terms Net 30 Day with Credit Approval Project/Codename:2x K2N-216 HCI Appliances for ELLIOT2 / CEFE2 Landfills Qty Part#MSRP 4 S2D-5216i 1 S2D-MUST 8 CPU-XEON-4214Y-08 16 MMD4-32G-2933 8 M.2-S4510-480 20 SSD-IN-P4510-2T (U.2) 8 NC-MCX4121AACAT 4 CB-MCP2M00-A003 Note: Microsoft Windows Server Licenses Not Included Salesperson Shipping Method Ben Milbourne FedEx LTL Freight I/O Adapters Part A - Compute Platform DataON™ S2D-5216i 2U 16 x 2.5" All-NVMe HCI Ready Node DataON® MUST™ - Management Utility Software Tools - Intel® DC P4510™ NVMe 2TB 2.5" SSD; Storage Tier - Form factor: 2U Rack Server, 3.42" H x 17.24" W x 28.86" D Supports Dual Intel Xeon® Scalable™ Gen 2 Processor Series & (24) DDR4 DIMM Drive Bay: (16) NVMe U.2 2.5" Hot-swappable PCIe Slot: (7) PCIe 3.0 x8 or (2) x16 + (3) x8 Onboard NIC: (2) Built-In 10GbE RJ45 Node Configuration Storage Configuration DataON™ is a Div. of Area Electronics Systems Intel® Xeon® Scalable Gen.2 Silver 4214Y 2.4 GHz, 8-Core, 16.5MB Cache Samsung® 32GB DDR4 2933MHz ECC-Register RDIMM Intel® S4510™ 480GB SATA M.2 Boot Drive For OS - Mellanox® ConnectX-4 Lx EN Dual Port SFP+ 10/25GbE RDMA Card 1247 N Lakeview Ave, Suite C, Anaheim CA 92807 | Email: dataon_sales@dataonstorage.com | Tel: +1.888.726.8588 Description 1300W (1+1) 110V hot-swappable redundant PSU with NEMA 5-15 Power Cords Intel® Remote Management Module 4 3M Mellanox® LinkX™ Passive Copper cable, ETH, up to 25Gb/s, SFP28, 28 AWG - - - Continue On Next Page 1/2 58,270.00Part A: $$ Attachment B: Bid/Pricing Schedule Quote#:102696-4 DEVA© 2017-20 Rev0.93 1 SPRT-HCI-DMT 3,500.00$ 1 WRTY-5YR-WW 8,740.50$ 1 SPRT-HCI-DMT 3,500.00$ -$ 15,740.50Part B: $ Solution Overview:Sales Tax Not Included Total:74,010.50$ 64 CPU Cores Total 128 GB RAM - Per Node Shipping, Handling and Insurance:Included 0 Cache Drive - Per Node - (5)SSD - Per Node Sales Tax: 0 HDD - Per Node Resiliency 2-Way Mirroring - S2D/K2N Grand Total:74,010.50$ 14.4 TB - Usable Storage Total 100%All Flash -Gb/s RDMA Network PO#: Special Notice: (2) separate clusters for ELLIOT2/CEFE2 sites ~7.2TB usable capacity per cluster Warranty and Support Terms: 24/7 service and hardware support Standard business hours: 7am – 6pm PST, Monday- Friday Web Form: submit an e-support request form at www.dataonstorage.com/support For phone support, call: +1-800-680-9305 For e-mail support, contact: DataON_support@dataonstorage.com Sales Rep:benm@dataonstorage.com DataON™ is a Div. of Area Electronics Systems Part B - Warranty & Professional Services Operating System/Special Item 1247 N Lakeview Ave, Suite C, Anaheim CA 92807 | Email: dataon_sales@dataonstorage.com | Tel: +1.888.726.8588 DataON™ HCI Remote Hands-On Deployment Services with 4 Hours Training 5 Years DataON™ Advanced Replacement Warranty & Support DataON™ HCI Remote Hands-On Deployment Services with 4 Hours Training - ______________________________ Authorized Signature Date Statement of Conditions: 1.The information in this document is believed to be accurate. However, DataON assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. DataON is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. 2. DataON may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. 3. All information supplied for the purpose of this proposal is to be considered CONFIDENTIAL information belonging to DataON. 2/2 Attachment C: Insurance Requirements Insurance is not required for this agreement; therefore, Section 5 - Insurance; Bonds, subsection 5 (A) and 5 (B) is null and void. Page 1 of 1 Attachment D: Warranty Requirements Warranty is not required for this agreement; therefore, Section 8 - Warranty, subsection 8(A) and 8(B) is null and void. DATE: March 2, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year service agreement with Alpha Omega Wireless, Inc. of Austin, Texas in an amount of $110,160.00 for maintenance and support of remote communication towers, effective upon issuance of a notice to proceed with FY 2021 funding in the amount of $36,720.00 available in the Information Technology Fund. SUMMARY: Motion authorizing a three-year service agreement with Alpha Omega Wireless, Inc. to provide maintenance and support to 17 remote communication towers for current wireless communication system. BACKGROUND AND FINDINGS: The City of Corpus Christi Information Technology (IT) Department does not have an existing maintenance contract for the Communication Tower solution. The towers are located at various locations including City Hall, Police Department, Fire Department, Water and Wastewater Department, Solid Waste Department, and Fleet Maintenance. The Communication Tower solution is a critical system which provides wireless circuits to support data transmission throughout the city and must be maintained. These towers require 6 hours of annual support and maintenance for each of the 17 towers. The IT Department contacted Contracts and Procurement to issue a contract through the TIPS Purchasing Cooperative. Contracts awarded through the TIPS Purchasing Communication Towers Maintenance AGENDA MEMORANDUM Action Item for the City Council Meeting March 2, 2021 Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative would be not to use a wireless communication company for maintenance and support; thus causing disruptions to the operation of the current wireless communication system. Having a contract for annual support will keep the systems running without any delay in communication. FISCAL IMPACT: The fiscal impact for Information Technology Department in FY 2021 is an amount not to exceed $36,720.00 for the three-year service agreement. The remaining cost of $73,440.00 will be budgeted 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: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion authorizing a three -year service agreement with Alpha Omega Wireless, Inc. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi Pricing Sheet Sr. Buyer: Minerva Alvarado TIPS USA 200105 Item Description Qty Price Extended Price 1 Annual Support and Maintenance Year 1 17 $2,160.00 $36,720.00 2 Annual Support and Maintenance Year 2 17 $2,160.00 $36,720.00 3 Annual Support and Maintenance Year 3 17 $2,160.00 $36,720.00 $110,160.00Total Alpha Omega Wireless, Inc. Austin, TX Communication Towers Maintenance Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 SERVICE AGREEMENT NO. 97834 Communication Towers Maintenance for IT THIS Communication Towers Maintenance for IT Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Alpha Omega Wireless, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Communication Towers Maintenance for IT in response to Request for Bid/Proposal No. TIPS Coop 200105 (“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 Communication Towers Maintenance for IT (“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, or the performance date listed in the notice to proceed, whichever is later. 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 $110,160.00, 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. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 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: Phillip Grant Information Technology Department 361-826-3845 PhillipG2@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Phillip Grant IT Infrastructure Manager 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3845 Fax: n/a IF TO CONTRACTOR: Alpha Omega Wireless, Inc. Attn: Terry Donovan Inside Sales Manager 8708 S. Congress Ave., Suite 8260, Austin, TX 78745 Phone: 512-788-7231 Fax: 512-298-1646 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, DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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 DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Interim Assistant Director, 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. TIPS Coop 200105 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Terry Donovan 1/28/2021 Sales Manager Page 1 of 3 Attachment A: Scope of Work Scope of Work: The City of Corpus Christi’s Information Technology Department uses wireless communication systems to support the city’s network where there is no cable infrastructure. The City will require Contractor service, support, parts, and labor to keep the systems in full operation. Contractor shall provide annual support and maintenance through their custom silver plan to include all radios and antenna systems on the 17 towers listed below as well as maintenance inspections of the towers. The City of Corpus Christi will provide radio and antenna hardware. A.Support service included can be referenced below; 1.8 Hours of on-call annual support per tower. 2.Technical phone support between 8:00AM and 5:00PM, Monday through Friday. 3.Response within 1 hour by phone. 4.Onsite visits for troubleshooting or repair. 5.Onsite visits by the next business day in the morning. B.The following will be performed during each site visit: 1.Test the stability of the wireless link. 2.Test RSL’s against benchmarked standard. 3.Test antenna alignment and performance. 4.Test cabling for functionality and damage. 5.Inspection and replacement of weather proofing. 6.Inspection and repair of power and connections. 7.Inspection and repair of grounding and lightning protection. 8.Update radio firmware. 9.Verify throughout and system’s settings. 10. Perform spectrum analysis. C.The Contractor shall handle the RMA process for any manufacture equipment under warranty. Additionally, they will perform all services to de-install the failed system and will re-install the replacement system. DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Page 2 of 3 D.The Microwave Communication Systems are located throughout the City of Corpus Christi, at the following addresses. 1.Carmel Water Tower 509 Carmel Pkwy, Corpus Christi, TX 78411 27°43'58.60"N / 97°22'30.77"W 2.Cefe Landfill Tower 2397 Co Rd 20, Robstown, TX 78415 28°38'4.57"N/ 97°34'7.40"W 3.Choke Canyon Tower Park Rd, Three Rivers, TX 78071 28°28'3.49"N / 98°15'2.58"W 4.Coral Vines Water Tower 14201 Allamanda Dr, Corpus Christi, TX 78414 27°34'48.34"N / 97°14'6.34"W 5.Fleet Tower Civitan Dr, Corpus Christi, TX 78414 27°43'41.08"N / 97°25'31.17"W 6.Flour Bluff Water Tower 2029 Division Rd, Corpus Christi, TX 78414 27°39'38.02"N / 97°18'31.94"W 7.Gollihar Water Tower 2221 Gollihar Rd, Corpus Christi, TX 78415 27°44'44.08"N / 97°25'22.32"W 8.Holly Pump Station Tower 4925 Holly Rd, Corpus Christi, TX 78411 27°42'13.38"N / 97°23'18.83"W 9.KRIS Studios TV Tower 5002 S Padre Island Dr, Corpus Christi, TX 78411 27°42'48.27"N / 97°22'46.52"W 10. Mathis Dam Tower Co Rd 365, Sandia, TX 78383 28° 2'13.93"N / 97°52'20.97"W 11. Navigation Pump Station Tower 310 Navigation Blvd, Corpus Christi, TX 78408 27°47'23.27"N / 97°27'8.48"W 12. ON Stevens Tower 13101 Leopard St, Corpus Christi, TX 78410 27°51'33.08"N / 97°37'24.65"W DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Page 3 of 3 13. ON Stevens Water Tower 13101 Leopard St, Corpus Christi, TX 78410 27°51'28.34"N / 97°37'10.91"W 14. Rand Morgan Tower 2120 Rand Morgan Rd, Corpus Christi, TX 78410 27°49'15.69"N / 97°32'46.78"W 15. Rand Morgan Water Tower 9355 Leopard St, Corpus Christi, TX 78409 27°49'29.61"N / 97°32'49.41"W 16. Sinton Tower 504 Harvill St, Sinton, TX 78387 28° 1'27.60"N / 97°30'25.67"W 17. Staples Pump Station Tower Co Rd 43, Corpus Christi, TX 78415 27°39'2.71"N / 97°26'20.47"W E.The point of contact for this agreement is: Phillip Grant IT Infrastructure Manager City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Phone: (361) 826-3845 E-mail: PhillipG2@cctexas.com DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Product & Services Agreement City of Corpus Christi Attention: Phillip Grant 1201 Leopard Street Corpus Christi, TX 78401 Date 01/21/2021 Valid To 04/21/2021 Quote Number Corpus Christi2020G- Silver Support Alpha Omega Wireless, Inc. 8708 S. Congress Ave Suite B260 Austin, TX 78745 Alpha Omega Wireless is providing the following prices for product and/or services listed below as a budgetary statement. For a complete Statement of Work and complete build of materials list, a site survey must be performed. Costs Quantity Rate Amount Annual Support & Maintenance - Months 1-12 - Custom Silver (Discounted Price) List - $450 per Tower Climbers Team (TIPS - 20% = $360 x 6 hours per tower) (6 x $360 = $2,160 per tower) Year 1 - Term: 12 Months Includes all radios and antenna systems on the towers and maintenance inspections of the towers. Radio & Antenna hardware not included. 17.00 2,160.00 36,720.00 Annual Support & Maintenance - Months 13 - 24 - Custom Silver (Discounted Price) List - $450 per Tower Climbers Team (TIPS - 20% = $360 x 6 hours per tower) (6 x $360 = $2,160 per tower) Year 2 - Term: 12 Months Includes all radios and antenna systems on the towers and maintenance inspections of the towers. Radio & Antenna hardware not included. 17.00 2,160.00 36,720.00 Annual Support & Maintenance - Months 25 - 36 - Custom Silver (Discounted Price) List - $450 per Tower Climbers Team (TIPS - 20% = $360 x 6 hours per tower) (6 x $360 = $2,160 per tower) Year 3 - Term: 12 Months Includes all radios and antenna systems on the towers and maintenance inspections of the towers. Radio & Antenna hardware not included. 17.00 2,160.00 36,720.00 Subtotal 110,160.00 Taxable 0.00 Total 110,160.00 TIPS AGREEMENT # 200105 Page 1 of 1 DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Attachment C: Insurance Requirements A. CONTRACTOR’S LIABILITY INSURANCE 1. 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. 2. 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 3.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. B.ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an Page 1 of 3 DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit 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 4.Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, 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. 5.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. 6.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to 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. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. Page 2 of 3 DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 8.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9.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 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. Page 3 of 3 DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 Attachment D: Warranty Requirements No warranty is required for this service agreement; therefore, Section 8-Warranty, subsection 8(A) and 8(B) are null and void. Page 1 of 1 DocuSign Envelope ID: 1DE66053-879F-457B-94D6-476A4DAB1D78 DATE: February 23, 2021 TO: Peter Zanoni, City Manager FROM: DeAnna McQueen, Communication Director DeannaM@cctexas.com (361) 826-2940 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a five-year service agreement for a renewal with Sprout Social, Inc., in an amount of $76,500.00, for records retention, analytics/reporting, and multi- channel social media management for the Communications Department, with FY 2021 funding in an amount of $15,300.00 available through the General Fund. SUMMARY: This resolution authorizes a five-year service agreement with Sprout Social, Inc., for a web-based social media management tool for the Communications Department. The management tool is used to assist the City with maintaining active and strategic communication to residents across the City’s social media profiles such as Facebook and Twitter from a single web-based hub. Additionally, this management tool allows the Communications Department to analyze key performance measures that are used to improve community outreach across the City’s social media profiles. BACKGROUND AND FINDINGS: The City began utilizing this social media management tool in February 2015. Sprout Social, Inc. offers services on consolidated product rather than purchasing three separate software packages for multi-channel social media management, analytics/reporting, and records retention. This is a sole source procurement. Sprout Social was selected to streamline Sprout Social Media Management Tool for Communications Department AGENDA MEMORANDUM Action Item for the City Council Meeting February 23, 2021 communication across City social media profiles. It provides a single web-based hub for social media publishing, analytics, and engagement across all social media profiles. The renewal includes a 63.5% discount. ALTERNATIVES: An alternative would be not to have social media web host services for the City of Corpus Christi social media channels. FISCAL IMPACT: This fiscal impact for the Communications Department in FY 2021 is an amount of $15,300.00 for this five-year service agreement. The remaining cost of $61,200.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 11470 Public Information Mission Element: 171 Communication and Shape Positive Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommend approval of this resolution authorizing a five-year service agreement with Sprout Social, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Resolution Service Agreement CITY OF CORPUS CHRISTI PRICE SHEET CONTRACTS AND PROCUREMENT DEPARTMENT SPROUT SOCIAL MEDIA WEB HOST SERVICES BUYER: SANDRA RODRIGUEZ SOLE SOURCE ITEM DESCRIPTION QTY UNIT ANNUAL UNIT PRICE EXTENDED TOTAL $76,500.00GRAND TOTAL SPROUT SOCIAL , INC CHICAGO, IL 1 $76,500.00$15,300.005YEARS SOCAL MEDIA APPLICATION Page 1 of 2 Resolution authorizing a five-year service agreement for a renewal with Sprout Social, Inc., in an amount of $76,500.00, for records retention, analytics/reporting, and multi-channel social media management for the Communications Department, with FY2021 funding in an amount of $15,300.00 available through the General Fund. WHEREAS, renewal of a Sprout Social software license subscription will be renewed for use by the Communication Department; WHEREAS, this system will assist the City with brand communication on social channels and provides a single hub for social media publishing, analytics, engagement across all social profiles, and records retention for social media ; 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 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 renew software license with Sprout Social, Inc. based on a sole source, for a five- year renewal service agreement for a total not-to-exceed $76,500.00 Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 2021: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Service Agreement Standard Form Page 1 of 7 SERVICE AGREEMENT NO. 92145 Sprout Social Media Web Host Services THIS Sprout Social Media Web Host Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Sprout Social, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Sprout Social Media Web Host Services in response to Request for Bid/Proposal No. 92145 (“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 and Contractor’s terms and conditions found at sproutsocial.com/terms (“Sprout Social Terms”) as modified by Attachment E, which is attached hereto and incorporated by reference, 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 Sprout Social Media Web Host (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for five years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. 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 $76,500.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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: 8CBF2692-B9B1-4B05-B676-C73D46F14059 Service Agreement Standard Form Page 2 of 7 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Tracy Valdez Department: Communications Department Phone: 361-826-3125 Email: TracyS@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: 8CBF2692-B9B1-4B05-B676-C73D46F14059 Service Agreement Standard Form Page 3 of 7 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, if applicable to the Services or products provided by Contractor. 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: 8CBF2692-B9B1-4B05-B676-C73D46F14059 Service Agreement Standard Form Page 4 of 7 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or named at https://sproutsocial.com/lps/subprocessor-gdpr-sprout/. Approval of proposed subcontractors shall not be withheld unreasonably. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only 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: Tracy Valdez Title: Executive Assistant Address: 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3125 Fax: N/A IF TO CONTRACTOR: Sprout Social, Inc. Attn: Chelsea Carpenter Title: Account Manager DocuSign Envelope ID: 8CBF2692-B9B1-4B05-B676-C73D46F14059 Service Agreement Standard Form Page 5 of 7 Address: 131 S. Dearborn Street, Suite 700 , Chicago, IL 60603 Phone: 773-341-4733 Fax: N/A 17. SUBJECT TO THE LIMITATION OF LIABILITY OF THE SPROUT SOCIAL TERMS, 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. 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. 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. Each party’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. DocuSign Envelope ID: 8CBF2692-B9B1-4B05-B676-C73D46F14059 Service Agreement Standard Form Page 6 of 7 In no event shall either party 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 (including Sprout Social Terms); 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. The parties agree to remain silent on governing law. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. DocuSign Envelope ID: 8CBF2692-B9B1-4B05-B676-C73D46F14059 Service Agreement Standard Form Page 7 of 7 Sprout Social, Inc. Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Interim Assistant Director, 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: Addendum to Sprout Social Terms Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 92145 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 8CBF2692-B9B1-4B05-B676-C73D46F14059 Senior Manager, Customer Success 2/3/2021 Christine Lawther Page 1 of 1 ATTACHMENT A: SCOPE OF WORK The Contractor shall provide a social media application of an integrated Social Media solution. This application will monitor all City social media channels and including at least 8 different platforms. The Contractor shall provide free unlimited reports and free archive which is required by State Law. DocuSign Envelope ID: 8CBF2692-B9B1-4B05-B676-C73D46F14059 DocuSign Envelope ID: 8CBF2692-B9B1-4B05-B676-C73D46F14059 DocuSign Envelope ID: 8CBF2692-B9B1-4B05-B676-C73D46F14059 Senior Manager, Customer Success Christine Lawther 2/3/2021 ATTACHMENT C: INSURANCE REQUIREMENTS No insurance or bonds are required, therefore, Service Agreement 92145, Section 5(A) and (B) are hereby void. Page 1 of 1 DocuSign Envelope ID: 8CBF2692-B9B1-4B05-B676-C73D46F14059 Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 92145, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: 8CBF2692-B9B1-4B05-B676-C73D46F14059 Attachment E Addendum to Sprout Social Terms This Addendum shall modify the Sprout Social Terms located at sproutsocial.com/terms and referenced in the Agreement between the City and the Contractor. To the extent that any of these terms are inconsistent with the terms of the Agreement, the terms in this addendum shall govern. 1. The following language is added to the end of Section 9 of the Sprout Social terms: “Sprout Social acknowledges that You are a Texas governmental entity subject to the Texas Public Information Act (the “Act”) and that You must comply with that Act. Should You receive a request for disclosure of Information pursuant to the Act, You will promptly provide Sprout Social with notice of such request so that Sprout Social may avail itself of any opportunities to establish reasons why the information should be withheld prior to disclosing such Confidential Information. The burden of establishing the applicability of exceptions to the disclosure of Confidential Information under the Act resides with Sprout Social. Should Sprout Social be unable to establish a valid exception from disclosure or exclusion from the Act, then You may release the information, solely to the extent necessary to comply with the Act.” 2. Section 16 of the Sprout Social Terms is deleted in its entirety. The City will have no obligation to indemnify the Contractor. 3. Section 17.2 of the Sprout Social Terms is amended as follows: “Monetary Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF SPROUT SOCIAL AND OUR RESPECTIVE AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT PAID BY YOU TO SPROUT SOCIAL UNDER THE APPLICABLE PLAN DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AGREEMENT BETWEEN YOU AND SPROUT SOCIAL. THE FOREGOING LIMITATIONS WILL NOT IN ANY WAY LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 6 ABOVE. THE LIMITATION OF LIABILITY PROVIDED FOR HEREIN WILL APPLY IN AGGREGATE TO YOU AND YOUR AFFILIATES.” 4. Section 18.8 of the Sprout Social Terms is deleted in its entirety and replaced with the following language:“18.8. Governing Law. The parties agree to remain silent on governing law.” 5. Sections 18.9 and 18.10 of the Sprout Social Terms are hereby deleted in their entirety. 6. Section 18.12 is hereby modified as follows: “Entire Agreement. Except for the written agreement between You and Sprout Social, any service order, these Terms are the final and complete expression of the agreement between these parties regarding your use of the Products and Application. These Terms supersede, and the terms of these Terms govern, all previous oral and written communications regarding these matters, all of which are merged into these Terms. Sprout Social will not be bound by, and specifically objects to, any term, condition, or other provision that is different from or in addition to these Terms (whether or not it would materially alter this agreement) that is proffered by you in any receipt, invoice, acceptance, purchase order, confirmation, DocuSign Envelope ID: 8CBF2692-B9B1-4B05-B676-C73D46F14059 correspondence, or otherwise, regardless of Sprout Social’s failure to object to such terms, provisions or conditions.” City of Corpus Christi Signature: __________________________________________ Print Name: ___________________________________________ Title: _________________________ Date: ____________ Sprout Social, Inc. Signature: __________________________________________ Print Name: _________________________________________ Title: ___________________________ Date: ___________ DocuSign Envelope ID: 8CBF2692-B9B1-4B05-B676-C73D46F14059 Christine Lawther 2/3/2021Senior Manager, Customer Success DATE: February 23, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2@cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year supply agreement with Advance Stores Company Inc., dba Advance Auto Parts, in amount not to exceed $1,350,000.00, for the purchase of automotive maintenance parts, for Asset Management Department, Fleet Division, with FY2021 funding in the amount of $300,000.00 available through the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a three-year supply agreement with Advance Stores Company Inc., dba Advance Auto Parts through the Omnia Cooperative. This agreement will provide automotive and miscellaneous equipment parts for Chevy, Ford, Dodge for Asset Management Department. The parts are for the maintenance of City Fleet Vehicles, Police vehicles, garbage trucks and equipment by City’s Fleet Maintenance. BACKGROUND AND FINDINGS: Asset Management Department, Fleet Division currently has an operational requirement for filters, brakes, engine parts, body parts, supplies , and other automotive parts for use by Fleet Maintenance to effectively provide repairs on City vehicles and equipment. Acquisition of these goods is essential so that Fleet Maintenance can continue to maintain the fleet and departments, thereby accomplishing their mission. It is also important that these parts be delivered in a timely manner so that vehicles and equipment can be turned around, placed back in service, and continue to perform Automotive Maintenance Parts Asset Management Department, Fleet Division AGENDA MEMORANDUM Action Item for the City Council Meeting March 2, 2021 required operations. This Supply Agreement will significantly assist Fleet in ensuring the above is accomplished. This procurement is through the Omnia Cooperative. The contracts awarded through the Omnia Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings through the Omnia Cooperative contract is 5% to 60% off List Price for filters, brakes, engine parts, body parts, supplies and other Automotive Advance Stores Company Inc., dba Advance Auto Parts. Automotive Advance Stores Company Inc., dba Advance Auto Parts is the incumbent supplier of automotive parts with prices remaining competitive through discounts with the Omnia Cooperative. ALTERNATIVES: An alternative would be not to secure a long-term supply agreement. However, the Asset Management Department, Fleet Division, would have to purchase with individual purchase orders as needed, which would not be as productive and would be much more time consuming. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2021 is estimated at $300,000.00 for this three-year supply agreement. The remaining amount of $1,050,000.00 will be budgeted in future years through the annual budget process FUNDING DETAIL: Fund: 5110 Fleet Maintenance Svc Organization/Activity: 40180 Parts Room Operation Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends the approval of this agreement with Advance Stores Company Inc. dba Advance Auto Parts of Corpus Christi, Texas for the purchase of Automotive Maintenance Parts for City Fleet. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement City of Corpus Christi Price Sheet Automotive Maintenance Parts for City Fleet Buyer: Marco Lozano Omnia Co-op Contract # 2017000280 Advance Stores Company Inc. dba Advance Auto Parts Corpus Christi, Texas DESCRIPTION One-Year Estimated Spend QTY Unit Total Automotive Maintenance Parts for Chevy, Ford, Dodge with 5% to 60% Discount $ 450,000.00 3 Year $1,350,000.00 Not to exceed $1,350,000.00Three Year Total Contracts & Procurement Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 SUPPLY AGREEMENT NO. 3435 Automotive Maintenance Parts for City Fleet THIS Automotive Maintenance Parts for City Fleet Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Advance Stores Company Inc. dba Advance Auto Parts (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Automotive Maintenance Parts for City Fleet in response to Request for Bid No. Omnia-2017000280 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Automotive Maintenance Parts for City Fleet in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so 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 $1,350,000.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Benjamin Sanchez Department: Asset Management, Fleet Division Phone: 361-826-1959 Email: benjamins@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 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. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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. DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers, Bldg.3B, Corpus Christi, Tx 78415 Phone: 361-826-1959 Fax: N/A IF TO CONTRACTOR: Advance Stores Company Inc. dba Advance Auto Parts Attn: Michael Casey Brannigan Title: SVP Customer Engagement Address: 5354 McArdle, Corpus Christi, Texas 78411 Phone: 361.991.9119 Fax: 919.301.4079 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 DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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. DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. Omnia-2017000280 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB SVP 1/14/2021 Casey Brannigan ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information The City’s Asset Management Department, Fleet Division uses and stocks parts for Ford, Doge, and Chevy vehicles for in-house repairs. 2. Scope of Work The Contractor shall provide Ford, Doge, and Chevy vehicles parts on an as needed basis. Parts may include such as but are not limited to filters, brakes, and suspension parts. 3. Contractor Quality Control and Superintendence All parts for Ford, Doge, and Chevy vehicles will be defect free, properly packed and shipped to ensure a safe delivery. 4. Special Instructions A. Ordering and Delivery 1.The City’s Fleet Maintenance Staff will place an order on an as needed basis. 2.The Contractor shall deliver parts between the hours of 8:00AM to 5:00PM 3.The Contractor shall deliver parts to the City Garage, City Service Center located at 5352 Ayers St. Building 3B, Corpus Christi, Texas 78415. 4.All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 5.If any items are found to be defective, unusable, or not in working condition, the Contractor shall arrange the return of the shipment or the shipping charges will be reimbursed on the invoice. 6.No restocking fee or payment of any kind shall be owed for orders cancelled B. Defective Goods 1.The Contractor shall pay for return shipment on any products that arrive in a defective, unusable, or inoperable condition. 2.The Contractor must arrange for the return shipment of damaged products. 5. Invoicing All invoices for parts purchased under this contract must list the list price, discount percentage off the list price as per contract, and the actual cost for the item after applying the discount. DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB 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 One-Year Estimated Spend Qty Unit Total Automotive & Fleet Parts for Chevy, Ford, Dodge with 5% to 60% Discount $ 450,000.00 3 Year $ 1,350,000.00 Omnia Co-op Contract # 2017000280 Three Year Total Not to Exceed $ 1,350,000.00 COMPANY: Advance Stores Company Inc. dba Advance Auto Parts NAME OF PERSON AUTHORIZED TO SIGN: Michael Casey Brannigan ADDRESS: 5354 McArdle Rd CITY / STATE/ZIP: Corpus Christi, Texas 78411 PHONE: 361.991.9119 EMAIL: FAX: 919.301.4079 DATE: SIGNATURE: TITLE: 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 POSTPONE THIS PROJECT UNTIL A LATER DATE. DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB casey.brannigan@advance-auto.com 1/14/2021 SVP DISCOUNT SCHEDULE: OMNIA / US COMMUNITIES COOPERATIVE CONTRACT #2017000280 Product Group Product Department Product Class Retail Discount BATTERIES BATTERIES BATTERY ACCESSORIES CHARGERS, TERMINALS, CABLES 33% BATTERIES AUTOMOTIVE BATTERIES PREMIUM (PLATINUM) 33% BATTERIES AUTOMOTIVE BATTERIES BEST (GOLD) 33% BATTERIES AUTOMOTIVE BATTERIES BETTER (SILVER) 33% BATTERIES AUTOMOTIVE BATTERIES GOOD (AUTOMOTIVE) 33% BATTERIES HEAVY DUTY BATTERIES FARM & TRUCK 33% BATTERIES OTHER BATTERIES LAWN & GARDEN, MARINE, POWER SPORTS, WHEEL CHAIR 33% BATTERIES SPECIALTY BATTERIES 33% FILTERS AIR FILTERS AIR FILTERS PREMIUM GRADE 65% AIR FILTERS AIR FILTERS STANDARD GRADE 57% AIR FILTERS AIR FILTERS ECONOMY GRADE 65% AIR FILTERS CABIN AIR FILTERS 25% OIL FILTERS OIL FILTERS PREMIUM GRADE 65% OIL FILTERS OIL FILTERS STANDARD GRADE 65% OIL FILTERS OIL FILTERS ECONOMY GRADE 45% FUEL FILTERS FUEL FILTERS 65% OTHER FILTERS TRANSMISSION FILTERS 35% OTHER FILTERS AGRICULTURAL, BREATHER, MISC 8% OTHER FILTERS FILTER ACCESSORIES 65% BRAKE SYSTEMS BRAKES FRICTION BRAKE PADS BRAKE PADS PREMIUM 35% BRAKES FRICTION BRAKE PADS BRAKE PADS BEST 35% BRAKES FRICTION BRAKE PADS BRAKE PADS BETTER 35% BRAKES FRICTION BRAKE PADS BRAKE PADS GOOD 35% BRAKES FRICTION BRAKE SHOES BRAKE SHOES 35% BRAKES DRUMS AND ROTORS BRAKE ROTORS & DRUMS BRAKE ROTORS 35% BRAKES DRUMS AND ROTORS BRAKE ROTORS & DRUMS BRAKE ROTORS SPECIALTY 35% BRAKES DRUMS AND ROTORS BRAKE ROTORS & DRUMS BRAKE ROTORS FRONTLINE 45% BRAKES DRUMS AND ROTORS BRAKE ROTORS & DRUMS BRAKE DRUMS 35% BRAKES HYDRAULICS BRAKE HYDRAULICS BRAKE CALIPERS 35% BRAKES HYDRAULICS BRAKE HYDRAULICS BRAKE HOSES, CABLES, MASTER CYLINDERS 35% BRAKES HYDRAULICS BRAKE BOOSTERS BRAKE BOOSTERS 35% BRAKES HARDWARE BRAKE HARDWARE WEAR SENSORS 35% BRAKES HARDWARE BRAKE HARDWARE BRAKE LINES 35% Exhibit B-1DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB DISCOUNT SCHEDULE: OMNIA / US COMMUNITIES COOPERATIVE CONTRACT #2017000280 Product Group Product Department Product Class Retail Discount PAINT & BODY REPAIR PAINT & CHEMICALS GENERAL PURPOSE 8% PAINT & CHEMICALS COMMERCIAL PAINT 8% PAINT & CHEMICALS BULK & PROFESSIONAL 8% PAINT & CHEMICALS TOUCH UP 8% PAINT & CHEMICALS SPECIALTY PAINT 8% PAINT & CHEMICALS PRIMER 8% PAINT & CHEMICALS PAINT & BODY REPAIR CHEMICALS 8% PAINT & CHEMICALS PAINT COATINGS 8% PAINT & CHEMICALS MISCELLANEOUS PAINT 8% BODY REPAIR/TOOLS TAPE & ADHESIVES 8% BODY REPAIR/TOOLS ABRASIVES 35% BODY REPAIR/TOOLS BODY FILLERS 35% BODY REPAIR/TOOLS SPECIALTY REPAIR 35% BODY REPAIR/TOOLS BODY TOOLS/ACCESSORIES 35% BODY REPAIR/TOOLS FIBERGLASS REPAIR 35% BODY REPAIR/TOOLS BODY TRIM & MOLDING 35% BODY REPAIR/TOOLS WEATHERSTRIPPING 35% BODY REPAIR/TOOLS COMMERCIAL BODY REPAIR 35% IGNITION / EMISSION AIR INJECTION & O2 SENSORS OXYGEN SENSORS DIRECT FIT 34% AIR INJECTION & O2 SENSORS OXYGEN SENSORS UNIVERSAL 34% AIR INJECTION & O2 SENSORS AIR INJECTION SYSTEM SMOG & VACUUM PUMPS 34% ELECTRICAL COMPONENTS ENGINE COMPUTER CONTROLS 15% ELECTRICAL COMPONENTS VOLTAGE REGULATORS 15% ELECTRICAL COMPONENTS SWITCHES & RELAYS 18% SENSORS & VALVES SENSORS, VALVES & TRANSMITTERS TPMS 22% FUEL INJECTION COMPONENTS FUEL INJECTION PARTS 15% FUEL SYSTEMS CARBURETORS 15% FUEL SYSTEMS FUEL PUMPS 15% FUEL SYSTEMS GAS TANKS 15% IGNITION COMPONENTS IGNITION CAPS & ROTORS 15% IGNITION COMPONENTS IGNITION COILS & MODULES 18% IGNITION COMPONENTS DISTRIBUTORS 10% WIRE WIRESETS, COIL BOOTS 20% SPARK PLUGS SPARK PLUGS 10% Exhibit B-1DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB DISCOUNT SCHEDULE: OMNIA / US COMMUNITIES COOPERATIVE CONTRACT #2017000280 Product Group Product Department Product Class Retail Discount COOLING SYSTEMS RADIATORS RADIATORS 15% RADIATORS WATER PUMPS & HARDWARE 15% RADIATORS RADIATOR FAN ASSEMBLIES 15% WATER PUMPS AND HARDWARE WATER PUMPS 15% BELT SYSTEMS V BELTS 34% BELT SYSTEMS SERPENTINE BELTS 33% BELT SYSTEMS INDUSTRIAL, FHP, SPORT UTILITY 23% BELT SYSTEMS BELT HARDWARE 23% PARTS & COMPONENTS FANS & COOLERS 18% PARTS & COMPONENTS THERMOSTATS & HOUSINGS 14% PARTS & COMPONENTS RADIATOR HOSES & COMPONENTS 14% PARTS & COMPONENTS MISCELLANEOUS COOLING PARTS GAS & OIL CAPS, COOLING CABINETS 14% CHASSIS, RIDE CONTROL & POWER STEERING CHASSIS PARTS STEERING COMPONENTS DAMPERS & STABILIZERS, ARMS, TIE RODS 26% CHASSIS PARTS SPRINGS TORSION BARS, COIL SPRINGS 26% CHASSIS PARTS SUSPENSION PARTS SWAY BAR, LINK KITS, BALL JOINTS, CONTROL ARMS, KING PINS 17% CHASSIS PARTS ALIGNMENT ALIGNMENT SHIMS & HARDWARE 28% RIDE CONTROL SHOCKS 15% RIDE CONTROL STRUTS 15% POWER STEERING POWER STEERING & COMPONENTS POWER STEERING RACK & PINION 25% POWER STEERING POWER STEERING & COMPONENTS POWER STEERING PUMPS 25% POWER STEERING POWER STEERING & COMPONENTS POWER STEERING HOSES & LINES 25% POWER STEERING POWER STEERING & COMPONENTS POWER STEERING COMPONENTS 25% POWER STEERING POWER STEERING & COMPONENTS GEAR BOXES 25% POWER STEERING POWER STEERING & COMPONENTS STEERING SHAFTS 25% DRIVELINE CLUTCHES CLUTCH HYDRAULICS, KITS, PARTS 14% SHAFTS SHAFTS & BOOT KITS SHAFTS 14% SHAFTS SHAFTS & BOOT KITS CV BOOT KITS 14% TRANSMISSION PARTS CABLES 15% TRANSMISSION PARTS DIFFERENTIAL PARTS 13% TRANSMISSION PARTS TRANSMISSION PARTS 15% TRANSMISSION PARTS MISCELLANEOUS MOUNTS, YOKES 15% PARTS AND MOUNTS MOUNTS 14% PARTS AND MOUNTS UNIVERSAL JOINTS 20% PARTS AND MOUNTS ENGINE &TRANSMISSION MOUNTS 14% Exhibit B-1DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB DISCOUNT SCHEDULE: OMNIA / US COMMUNITIES COOPERATIVE CONTRACT #2017000280 Product Group Product Department Product Class Retail Discount AUTOMOTIVE HARDWARE & ENGINE PARTS GASKETS ENGINE GASKETS COOLING, ENGINE, FUEL SYSTEM, FLUID SEALING, EXHAUST, DRIVELINE 14% ENGINE PARTS ENGINE PARTS BALANCERS , PULLEYS 13% ENGINE PARTS TIMING COMPONENTS 10% ENGINE PARTS VALVE TRAIN COMPONENTS 15% ENGINE PARTS PANS AND COVERS 10% ENGINE PARTS CYLINDER BLOCK COMPONENTS 15% ENGINE PARTS CYLINDER HEADS 5% ENGINE PARTS ENGINE BEARINGS 15% ENGINE PARTS ENGINE OIL SYSTEM COMPONENTS 13% ENGINE PARTS MANIFOLDS 13% AUTOMOTIVE HARDWARE LIFT SUPPORTS 13% AUTOMOTIVE HARDWARE AUTOMOTIVE HARDWARE AUTOMOTIVE PARTS 13% AUTOMOTIVE HARDWARE AUTOMOTIVE HARDWARE DOOR AND BODY PARTS 13% AUTOMOTIVE HARDWARE AUTO HARDWARE & ACCESSORIES INTERIOR/EXTERIOR HARDWARE, SPRINGS, CONNECTORS, FITTINGS, FASTENERS, ASSORTMENTS 13% EXHAUST EXHAUST EXHAUST MUFFLERS 20% EXHAUST EXHAUST EXHAUST PIPES 20% EXHAUST EXHAUST CATALYTIC CONVERTERS 17% EXHAUST EXHAUST MANIFOLDS 17% EXHAUST EXHAUST EXHAUST ACCESSORIES 20% BEARINGS, SEALS & HUB ASSEMBLIES BEARINGS, SEALS, HUB ASSEMBLIES HUB ASSEMBLIES HUB ASSEMBLIES 21% BEARINGS, SEALS, HUB ASSEMBLIES HUB ASSEMBLIES 4WD HUBS 20% BEARINGS, SEALS, HUB ASSEMBLIES BEARINGS & SEALS DRIVELINE BEARINGS 20% BEARINGS, SEALS, HUB ASSEMBLIES BEARINGS & SEALS WHEEL END BEARINGS 20% BEARINGS, SEALS, HUB ASSEMBLIES BEARINGS & SEALS CLUTCH BEARINGS 25% BEARINGS, SEALS, HUB ASSEMBLIES BEARINGS & SEALS SEALS 20% BEARINGS, SEALS, HUB ASSEMBLIES BEARINGS & SEALS BEARING & SEAL KITS 20% BEARINGS, SEALS, HUB ASSEMBLIES WHEEL HUBS WHEEL HUB 27% STARTERS & ALTERNATORS STARTERS & ALTERNATORS ALTERNATORS NEW & REMANUFACTURED 8% STARTERS & ALTERNATORS STARTERS NEW & REMANUFACTURED 8% STARTERS & ALTERNATORS STARTING/CHARGING COMPONENTS 25% Exhibit B-1DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB DISCOUNT SCHEDULE: OMNIA / US COMMUNITIES COOPERATIVE CONTRACT #2017000280 Product Group Product Department Product Class Retail Discount CLIMATE CONTROL HEATING & AIR CONDITIONING AIR CONDITIONING A/C COMPRESSORS, FILTER/DRIERS, CONDENSORS/EVAPORATORS, RINGS/GASKETS, HOSES 13% HEATING & AIR CONDITIONING BLOWER MOTORS BLOWER MOTORS 10% HEATING & AIR CONDITIONING HEATING HEATER CORES/VALVES 15% HEATING & AIR CONDITIONING BLEND DOORS 17% ELECTRICAL SYSTEMS WINDOW SYSTEM PARTS WINDOW MOTOR/REGULATORS 13% ELECTRICAL SYSTEMS WIPER SYSTEM PARTS WIPER ARMS & MOTORS, WASHER RESERVOIRS, WIPER PULSE BOARDS, WASHER PUMPS 13% AC CHEMICALS & ACCESSORIES A/C TOOLS, PARTS, MISC A/C PARTS 8% AC CHEMICALS & ACCESSORIES A/C TOOLS, PARTS, MISC A/C TOOLS 8% HEAVY DUTY PARTS HD AIR FILTERS AIR FILTERS 65% HD OIL FILTERS OIL FILTERS 65% HD BRAKE SYSTEMS BRAKE PADS 20% HD BRAKE SYSTEMS BRAKE SHOES 20% HD CHASSIS CHASSIS PARTS 5% HD CHASSIS POWER STEERING & COMPONENTS 15% HD CHASSIS RIDE CONTROL 15% HD RIDE CONTROL TRUCK SHOCKS 15% HD HVAC HEATING & COOLING 8% HD HYDRAULICS HYDRAULICS HOSE & FITTINGS 42% HD POWERTRAIN EXHAUST 20% HD POWERTRAIN DRIVETRAIN 20% HD POWERTRAIN ENGINE 21% HD POWERTRAIN STARTING & CHARGING 8% HD WHEELEND BEARINGS, SEALS, HUB ASSEMBLIES 25% HD WHEELEND WHEEL ATTACHING NUTS, STUDS, CLAMPS 5% HD WHEELEND AIR BRAKE 20% HD OTHER SAFETY 5% HD OTHER LIGHTING 15% HD OTHER TRAILER PARTS 7% HD OTHER ACCESSORIES 13% HD OTHER CHEMS & LUBES 7% Exhibit B-1DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB DISCOUNT SCHEDULE: OMNIA / US COMMUNITIES COOPERATIVE CONTRACT #2017000280 Product Group Product Department Product Class Retail Discount ENGINES & EQUIPMENT COMMERCIAL SHOP EQUIPMENT ISN COMMERCIAL TOOLS/EQUIP 5% COMMERCIAL SHOP EQUIPMENT MISC COMMERCIAL EQUIPMENT 5% COMMERCIAL TOOLS AIR TOOLS, BODY REPAIR, SPECIALTY 5% HAND & SPECIALTY TOOLS 5% JACKS AND LIFTS 8% ENGINES AND TRANSMISSIONS ENGINES REMANUFACTURED 5% ENGINES AND TRANSMISSIONS TRANSMISSIONS REMANUFACTURED 5% ENGINES AND TRANSMISSIONS REAR AXLE ASSEMBLIES 5% CHEMICALS GREASE & LUBRICANTS HYDRAULIC FLUID 8% GREASE & LUBRICANTS GREASE, GEAR OIL 8% GREASE & LUBRICANTS MISC LUBRICANTS & ACCESSORIES 8% MOTOR OIL CONVENTIONAL & HIGH MILEAGE 5% MOTOR OIL FULL SYNTHETIC & SYNTHETIC BLEND 5% MOTOR OIL HEAVY DUTY 5% MOTOR OIL SMALL ENGINE 5% ANTIFREEZE ANTIFREEZE 5% WASHER SOLVENT WINDSHIELD WASH 8% TRANSMISSION FLUID TRANSMISSION FLUID 8% AC CHEMICALS & ACCESSORIES FREON 8% APPEARANCE CHEMICALS CAR WASH/CARE 8% PERFORMANCE & FUNCTIONAL BRAKE FLUID, CLEANERS/DEGREASERS, ADDITIVES, TREATMENTS 8% SEALANTS, ADHESIVES AND COMPOUNDS ADHESIVES & SEALANTS, COMPOUNDS 8% TIRE SEALANTS TIRE REPAIR 12% ACCESSORIES & MISCELLANEOUS WIPERS 33% ELECTRICAL ELECTRICAL ACCESSORIES, FUSES 30% TIRE REPAIR & ACCESSORIES 15% APPEARANCE ACCESSORIES WASHING, DETAILING, TOWELS 8% CARGO MANAGEMENT 8% FLUID MANAGEMENT ACCESSORIES 8% INTERIOR/EXTERIOR ACCESSORIES 8% NUTS/BOLTS/MISC HARDWARE 23% OIL & GAS ACCESSORIES 8% PROTECTIVE GEAR 12% HORNS AND SECURITY 8% TOWING & HITCH 5% Exhibit B-1DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB ATTACHMENT 1 1TB #269-2016-070 AUTOMOTIVE PARTS AND RELATED ACCESSORIES AND SERVICES CITY MARKET BASKET THIS BID RESPONSE SHEET IS A GENERAL REPRESENTATION OF A CROSS SECTION OF VEHICLE PARTS USED BY THE CITY. PR ICING SUBMITTED ON TH IS ATTACHMENT IS FOR COMPAR ISON AND VERIFICATION OF D ISCOUNT S PROVIDED ON REQUIRED FORM 5 T O DETERMINE LOWEST B IDDER PLEASE REFER T O SECTIONS 2.26 AND 3.3 FOR ALL EVALUAT ION AN D AWARD CRITERIA. BIDDER MUST NOT ALTER OR REVISE THIS SPREADSHEET OR FORMAT. DOING SO WILL RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE NOTE: THE BIDDER IS RESPONSIBLE FOR CROSS REFERENCE OF ALL PART NUMBERS FOR BID RESPONSE PURPOSES TO ENSURE EXACT MATCH OF LISTED ITEMS. Item Number Part Number Part Desc Vendor 08880 ::=J !HIGH POWER BRAKE C LEANE9 2 08001 WEATHERST RIP ADH .3M 3 06975 TARTAN DUCT TAPE 3M 4 08008 W EATHE RSTRIP ADH-BLK 3M 5 STP131HC HEAT SHRINK TERMINAL STANDARD MOTOR PRODUCTS 6 SST311 SAFE-MATE COUPLER STANDARD MOTOR PRODUCTS 7 STP130HC BUTT SPLICE TERMINAL STANDARD MOTOR PRODUCTS 8 STP350H HEAT SHRI NK TERMINAL STANDARD MOTOR PRODUCTS 9 STP132HC HEAT SHRINK TERMINAL STANDARD MOTOR PRODUCTS 10 STP145H HEAT SHRINK TERMI NAL STANDARD MOTOR PRODUCTS 11 BR1220 FUEL FI LTE R LITIELFUSE, INC. 12 TA276L TIE STRAP STANDARD MOTOR PRODUCTS 13 C 12,2E 2WIRECABLE STANDARD MOTOR PRODUCTS 14 STP120H HEAT SHR INK TERMINAL STANDARD MOTOR PRODUCTS 15 BR1225 CIRCUIT BREAKER LITIELFUSE, INC. 16 S654 PIG T AJUSOCKET STANDARD MOTOR PRODUCTS 17 C 14,2E MUL Tl-CONDUCTOR CSL STANDARD MOTOR PRODUCTS 18 S525 PIGT AJUSOCKET STANDARD MOTOR PRODUCTS 19 TA279L TIE STRAPS STANDARD MOTOR PRODUCTS 20 STP124H HEAT SHRINK TERMINAL STANDARD MOTOR PRODUCTS 21 TAJ PCV SPLIT LOOM STANDARD MOTOR PRODUCTS 22 STP132H HEAT SHRINK TERMINAL STANDARD MOTOR PRODUCTS Discount Estimated Retail List Quantity Price (Percentage) Unit Price for Qty Extended Should match % of 1 (Retail Price Price stated on Less Discount) Required Form 5 • Pricing Sheet 3.57 $14,908.32 I 110 10.99 -35 7.14 $785.40 46 15.79 -35 10.26 $471.96 48 12 .99 -35 8.44 $405.12 4,552 0.89 -20 0.71 $3,231.92 114 31.49 -20 2S 19 $2,871.66 2 ,962 0.89 -20 0.71 $2,103.02 740 0.99 -20 0.79 $584.60 500 0.89 -20 0.71 $355.00 335 1.09 -20 0 .87 $291.45 21 14.29 -20 11.43 $240.03 74 3 .89 ·20 3.11 $230.14 264 1.09 -20 0.87 $229.68 264 0.99 -20 0.79 $208.56 18 14.29 -20 11.43 $205.74 15 16.39 ·20 13.11 $196.65 300 0.79 -20 0 .63 $189.00 31 7.49 -20 5.99 $185.69 63 359 -20 2.87 $180.81 180 1.09 -20 0.87 $156.60 33 5.49 -20 4.39 $144.87 140 1.29 -20 1.03 $144.20 1TB 269-2016-070-Attachment 1 . Addendum #2 Revi sed 6/30/2016 Manufacturer/Brand Part Number for of Quoted Part Brand Quoted IMMM 08880 I 3M MMM 08001 3M MMM 06975 3M MMM 08008 STANDARD MOTOR PR EC STP131HC STANDARD MOTOR PR EC SST311 STANDARD MOTOR PR EC STP130HC STANDARD MOTOR PR EC STP350H STANDARD MOTOR PR EC_STP132HC STANDARD MOTOR PR EC_STP1 4SH LI TIELFUSE , INC. EC_BR1220 STANDARD MOTOR PR EC TA276L STANDARD MOTOR PR EC C12-2E STANDARD MOTOR PR EC_STP120H LITIELFUSE, INC. EC BR1225 STANDARD MOTOR PR EC 5654 STANDARD MOTOR PR EC C14-2E STANDARD MOTOR PR EC SS2S STANDARD MOTOR PR EC_TA279L STANDARD MOTOR PR EC STP124H STANDARD MOTOR PR EC TA3 STANDARD MOTOR PR EC_STP132H Page 1 EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB 23 HST81B HEAT SHRINK TUBING STANDARD MOTOR PRODUCTS 28 6.09 -20 4.87 $136.36 STANDARD MOTOR PR EC HST81B 24 C6ER PRIMARY WIRE STANDARD MOTOR PRODUCTS 100 1.69 -20 1.35 $135.00 STANDARD MOTOR PR EC C6ER 25 PW14R 20' 14 GAUGE WIRE STANDARD MOTOR PRODUCTS 22 6.69 -20 5.35 $117.70 STANDARD MOTOR PR EC_PW14R 26 csoooov BU LK BATTTERY CABLE STANDARD MOTOR PRODUCTS 14 10.3 9 -20 8.31 $116.34 STANDARD MOTOR PR EC CSOOOOV 27 BR1230 CIRCUIT BREAKER LIITEL FUSE, INC. 10 14.29 -20 11.43 $114.30 LITIELFUSE, INC. EC BR1230 28. BP99 BATT CUP AND ACCY STANDARD MOTOR PRODUCTS 45 2.89 -20 2.31 $103.95 STANDARD MOTOR PR EC BP99 29 PW128 PRIMARY WIRE STANDARD MOTOR PRODUCTS 19 6.69 -20 5.35 $101.65 STANDARD MOTOR PR EC_PW12B 30 PW16R 30' 16 GAUG E WIRE STANDARD MOTOR PRODUCTS 18 6.69 -20 5.35 $96.30 STANDARD MOTOR PR EC_PW16R 31 0$126 SWITCH STANDARD MOTOR PRODUCTS 20 5 99 -20 4.79 $95.80 STANDARD MOTOR PR EC_DS126 32 STP 131H HEAT SHRINK TERMINAL STANDARD MOTOR PRODUCTS 100 u9· -20 0.95 $95.00 STANDARD MOTOR PR EC_STP131 H 33 STP130H BUTT SPLIC E TERMINAL STANDARD MOTOR PRODUCTS 100 119 -20 0.95 $95.00 STANDARD MOTOR PR EC STP130H 34 BR1215 CIRCUIT BREAKER LITIELFUSE, INC. 8 14 29 -20 11.43 $91.44 LIITELFUSE, INC. EC BR1215 35 PW12R 12' 12 GAUGE WIRE · STANDARD MOTOR PRODUCTS 17 6.69 -20 5.35 $90.95 STANDARD MOTOR PR EC_PW12R 36 PW16B PR IMARY WIRE STANDARD MOTOR PRODUCTS 15 669 -20 5.35 $80.25 STANDARD MOTOR PR EC PW 16B 37 63861 -5 TRI LLIANT PAR 36 LAM GROTE INDUSTRIES 30 157.99 -15 134.29 $4,028.70 GROTE INDUSTRIES LTG 63861-5 38 64H01-5 LED SOR WRK LGHT GROTE INDUSTRI ES 26 49.99 -15 42.49 $1,104.74 GROTE INDUSTRIES LTG 64H01-5 39, 63151-5 HALOGEN WORK LAMP GROTE INDUSTRIES 39 24 .59 ·15 20.90 $815.10 GROTE INDUSTR IES LTG 63151-5 40 12173 CONVEX MIR ROR GROTE INDU STR IES 46 16.59 -15 14.10 $648.60 GROTE IN DUSTRIES LTG _1 2173 41 53762 $TT LAMP GROTE INDUSTRI ES 19 36.49 -15 31.02 $589.38 GROTE INDUSTRIES LTG 53762 42° 52772 STT LAMP GROTE INDUSTRIES 129 5.29 -15 4.50 $580.50 GROTE INDUSTR IES LTG 52772 43 53962 STT LAMP GROTE INDUSTRI ES 12 48 .49 ·15 41.22 $494.64 GROTE INDUSTRIES LTG 53962 44 53252 DIODE LED RED GROTE INDUSTRIES 25 22.99 -15 19.54 $488 .50 GROTE INDUSTR IES LTG 53252 45 6068 1 BWP LIC LAMP GROTE INDUSTRIES 19 29.49 -15 25.07 $476.33 GROTE INDUSTR IES LTG 60681 46 47123 ROUND YEL LED GROTE INDUSTRIES 58 879 -15 7.47 $433.26 GROTE INDUSTRIES LTG _ 47123 47 60351 LIC ENSE LAMP GROTE INDUSTR IE S 13 3849 -1 5 32.72 $425.36 GROTE INDUSTRIES LTG_60351 48 47122 CLR/MKR LAMP GROTE INDUSTRIES 60 8 19 -15 6.96 $417.60 GROTE INDUSTR IES LTG_ 47122 49 47112 CLR/MKR LAMP GROTE INDUSTRIES 46 8.19 -15 6.96 $320.16 GROTE INDUSTR IES LTG 47112 so 68680 · PIGTAJL GROTE INDUSTRIES 21 13.59 -15 11.55 $242.55 GROTE INDUSTR IES LTG _68680 51 50882 STT LAMP GRO TE INDU STR IES 11 24.39 -15 20.73 $228.03 GROTE INDUSTR IES LTG 50882 52 4720 2-3 CLR/MKR LAMP RED BULK PK GROTE INDUSTRIES 20 12.99 -15 11.04 $220.80 GROTE INDUSTRIES LTG_ 47202 ·3 53 64931 TRACTOR LAM P GROTE INDUSTRIES 18 13 .99 -15 11.89 $214.02 GROTE INDUSTRIES LTG 64931 54 54342 STT LAMP GROTE INDUSTRIES 17 14.79 ·15 12.57 $213.69 GROTE INDUSTR IE S LTG 54342 55 G6003-5 STT LAMP GROTE INDUSTRIES 6 38.49 ·15 32.72 $196.32 GROTE IN DUSTRIES LTG G6003-5 56 49062 CLR/MKR LA MP GROTE INDUSTRIES 6 35.99 -15 30.59 $183.54 GROTE INDUSTRIES LTG 49062 57 G6002 STT LAMP RED HI CNT LED 60 · GROTE INDUSTRI ES 8. 25.99 -15 22.09 $176.72 GROTE INDUSTRIES LTG G6002 58 52892 STT LAMP GROTE INDUS TRIES 31 6.S9 -15 S.60 $173 .60 GROTE INDUSTRIES LTG 52892 59 G1093 HI COU NT LED GROTE INDUSTRIES 15 13.39 ·15 11.38 $170.70 GROTE INDUS TRIES LTG G1093 60 9007 HEADLGHT-HALOG EN FEDERAL MOGUL (WAGNER UGH 258 10 99 -40 6.59 $1,700.22 ADVANCE AUTO PART' 5HG CQ-9007 1TB 269-2016-070 • Attachment 1 -Addendum #2 Revised 6/30/2016 Page 2 EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB 61 53 STD MINIATURE LAMP FEDERAL MOGUL (WAGN ER UGH 1.080 2.19 -30 1.53 $1,652.40 FEDERAL M OGUL (WAI CLB 53 6 2 H4 656 HALOGEN SEALED BEAM FEDERAL M OG UL [WAGNER LIGHl 228 9.79 -3 0 6 .85 $1,561.80 FED ERAL MOGUL (WAI CLB H4656 6 3 3157 STD MINIATU RE LAMP FEDERAL MOGUL (WAGNER UGH 759 2.99 -40 1.79 $1,35 8.61 ADVAN CE AUTO PAR T' SHG CQ-31 57 64 H6054 HALOGEN SEALED BEAM FEDERAL MOGUL (WAGNER UG H 111 11 .99 -30 8.39 $9 31.29 FED ERAL MOGUL (WA1 CLB H6054 65 194 BUL B FEDERAL M OG UL (WAGN ER UGH 1.1 41 2.49 -40 1.49 $1,700.09 ADVANCE AUTO PART' SHG CQ-194 66 9005 STD HALOGEN CAPSULE FED ERAL M OGUL (WAGN ER LIGH1 90 10.99 -40 6.59 $593.10 ADVANCE AUTO PARV. SHG CQ-9005 6 7 795 MI NIATURE LAMP FEDERAL MOGUL (WAGN ER LI GHl 67 11.39 -30 7 .97 $533 .99 FE DER AL MOGUL (WA CL B 795 68 441 6 SEALED BEAM FEDERAL MOGUL (WAGNER UGHl 41 15.59 -30 10.91 $447.31 FED ERAL MOGUL (WA CLB 4416 69 1142 STD MINIAT URE LAMP FEDERAL MOGUL (WAGNER UGH 150 3.99 -30 2.79 $418.50 FEDERAL MOGUL (WA ClB 1142 70 44 11-1 INCAN DESCENT SEALED BEA~ FE DERAL MOGUL (WAGNE R UG H 32 17.39 -30 12.17 $389.44 FEDERAL MOGU L (WA CLB_ 4411·1 71 906 STD MINIATURE LAMP FED ERAL M OGUL (WAGNER LIGHl 368 2.49 -40 1.49 $5 48 .32 ADVANCE AUTO PART' SHG CQ-906 72 9008 CAPSULE FEDERAL MOGUL (WAGNER UGHl 26 19.59 -40 11.75 $305.50 ADVAN CE AUTO PART SHG _ CQ-9008/60/5 SW 73. 1732 6 STD MINI ATU RE LAMP FEDERAL MOGUL (WAG NER UGH1 100 4.99 -30 3.49 $349.00 FED ERAL MOGUL {WA CLB_17326 74 11 57 STD MINIAT URE LAMP FEDERAL MOGUL (WAGNER UGH1 606 2.49 -40 1.49 $902.94 ADVAN CE AUTO PART SHG CQ-1157 75 3157NA STD MINIATURE LAMP FED ERAL M OGUL (WAG NER LIG Hl 148 2.99 -40 1.79 $264 .92 ADVAN CE AUTO PAR T' SH G_CQ-31 57 NA 76 66518 LG RAVE N PWOR FREE SAS SAFETY CORP 333 19.99 -1 2 17.59 $5,857 .47 SAS SAFETY CORP SAS_66518 77 665 19 XL RAVEN PWO R FREE SAS SAFETY COR P 320 19.99 -12 17.59 $5 ,6 28.80 SAS SAF ETY CORP SAS 66519 78 66520 XXL RAVEN PWDR FRE SAS SAFETY CORP 110 19 .99 -12 17.59 $1,93 4.90 SAS SAF ETY CORP SAS_66520 79 665 17 MEO RAVEN PWDR FR E SAS SAFETY COR P 31 19.99 -12 17.59 $5 45.29 SAS SAFE TY CORP SA$_66517 80 5120 BAS IC SAFETY GLASSES SAS SAFETY CORP 99 3.29 -12 2.90 $287.10 SAS SAFE TY CO RP SAS_5 120 81 6609-40 DERMA-MAX NITRI LE SAS SAFETY CORP 4 17.99 -1 2 15.83 $6 3.32 SAS SAFETY CORP SAS 6609-40 82 2985 NON-TOXI C OUST MASK SAS SAFETY CORP 100 0 .14 -12 0.12 $12.00 SAS SAFE TY CORP SAS 2985 83 6608-40 0 -M NIT GLOVE-L SAS SAFETY CORP 0 17 99 -12 15 .83 $0 .00 SAS SAF ETY CORP SAS 6608-40 84 82 180 UL TRA BLACK RTV SI LI CONE ITW GLOBAL BRANDS 220 7.4 9 -8 6 .89 $1,515.80 ITW GLOBAL BRAND S PER 82180 85 27140 HIGH ST THREAOLOCKER RED ITW GLOBAL BRAN DS 65 22 .99 -8 21.15 $1,374.75 ITW GLOBAL BRANDS PER 271 40 8 6 82194 ULTRA GREY RTV SILICO NE ITW GLOBAL BRA NDS 175 7.4 9 -8 6.89 $1,205 .75 ITW GLOBAL BRANDS PER 82194 87 80631 THREAD SE ALANT WITH PTFE ITW GLOBAL BRANDS 191 5.29 -8 4.87 $930.17 ITW GLOBAL BRANDS PER 80631 88 24240 MED THREAOLOC KER BLUE ITW GLOBAL BRANDS 36 22 .99 -8 21.15 $761.40 ITW GLOBAL BRANDS PER 24240 89 81158 BLAC K SILICONE SCALANT ITW GLOBA L BRA NDS 86 6.79 -8 6.25 $53 7.50 ITW GLOB AL BRAND S PE R_81158 90 51813 ANAEROBIC GASKET MAKER ITW GLOBAL BRA NDS 34 14.59 -8 13 .42 $4 56.28 ITW GLOB AL BRAN DS PER 51813 91 80078 ANTI SEIZE LUBRICANT ITW GLOBAL BRANDS 47 7 .49 -8 6 .89 $323.83 ITW GLO BAL BRAND S PER 80078 92 80050 CLEAR RTV SILI CONE SEAL ITW GLOBAL BRANDS 50 6 .99 -8 6.43 $321 .50 ITW GLOBAL BRAND S PER_80050 93 24200 MED THREAOLO CKER BLU E ITW GLOBAL BRANDS 44 6 .99 -8 6.43 $282.92 ITW GLOBAL BRANDS PER 24200 94 22058 DIE LECT RIC TUNEUP GREASE ITW GLOBAL BRANDS 37 6.49 -8 5.97 $220.89 ITW GLOBAL BRAND S PER_22058 95 27100 HIGH ST THREAOLOCKER RED ITW GLOBAL BRANDS 36 6.99 -8 6 .43 $231.48 ITW GLOBAL BRAN DS PER 27100 96 H11BP H11 BULB OSR AM SYLVAN IA 596 14 .99 -30 10.49 $6,252.04 OSRAM SYLVAN IA SLB HllBP 97 168 1942825LED8P 168/19412825 LEO OSRAM SYLVANIA 58 12.99 -30 9.09 $5 27.22 OSRAM SYLVANIA DBP SLB 16819428 2S LE 1 98 H38P H3 FOG LIGHT BULB OSRAM SYLVANIA 82 9.99 -3 0 6.99 $5 73.18 OSRAM SYLVANIA SlB H3BP rra 269-2016-070 -Attachment 1 -Addendum #2 Revised 6/30/2016 Page 3 EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - PricingDocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - PricingDocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB EXHIBIT B - RRICINGExhibit B - Pricing DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB 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. DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB 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. DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB 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, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. Page 3 of 3 DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall provide manufacturer warranty on all parts. B. Within warranty period, the Contractor shall repair or replaced without any cost to the City of Corpus Christi and the Contractor must cover all shipping costs. DocuSign Envelope ID: 8BC267F2-6F25-4A5F-A9E6-9B5E19951FDB DATE: March 2, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the purchase of 56 LED internally illuminated street name (ILSN) signs from TRASTAR Inc., of Richardson, Texas in the amount of $73,900.00 for the Public Works Department, with FY 2021 funding available in the Streets Fund. SUMMARY: This motion approves the purchase of 56 LED internally illuminated street name (ILSN) signs through the BuyBoard Cooperative. The signs will be installed at thirteen existing signalized intersections by the Public Works Department. BACKGROUND AND FINDINGS: The Public Works Department aims to improve the safety at all signalized intersections in the City by enhancing the nighttime visibility and illumination of street name signs. Street names at signalized intersections are internally illuminated with fluorescent bulbs. Many are no longer working or require routine maintenance to remain serviceable. The proposed use of internally illuminated light-emitting diode (LED) bulbs will provide better illumination, are more energy efficient and require less maintenance than the existing fluorescent bulbs. There are 252 signalized intersections in the City. Only 63 of these intersections have been upgraded to LED ILSN signs. These intersections were upgraded as part of traffic signal improvements on Capital Improvement Program projects or routine maintenance due to failure of the existing signs. The Public Works Department plans to increase maintenance efforts by planning the removal and replacement of existing signs on a yearly basis. These efforts are part of a budget initiative by the Public Works Department. AGENDA MEMORANDUM Action Item for the City Council Meeting March 2, 2021 Purchase of LED Internally Illuminated Street Name (ILSN) Signs This budget initiative is one of several performance measures which are intended to enhance safety and uniformity at signalized intersections citywide. A total of 56 DURALIGHT LED ILSN signs will be fabricated and purchased from TRASTAR, Inc. The company’s products and services carry a 60 -month warranty from date of product shipment. The newly purchased signs will replace existing signs at 13 signalized intersections. The timeline for procurement, sign fabrication, and delivery is estimated to take up to six weeks. All signs shall be installed by the City’s Public Works Department by December 31, 2021. The procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. ALTERNATIVES: The alternative is not to authorize the purchase of LED ILSN signs. This would impact the ability to enhance safety and driver visibility of street names at major signalized intersections. It also would increase costs to maintain existing illuminated signs using obsolete fluorescent bulbs for illumination. FISCAL IMPACT: The fiscal impact in FY 2021 for the Public Works Department is $73,900.00. FUNDING DETAIL: Fund: 1041 Streets Fund Organization/Activity: 12310 Traffic Signals Mission Element: 053 Signals, Signs, & Markings Project # (CIP Only): N/A Account: 520130 Maintenance & Repairs RECOMMENDATION: Staff recommends approval of the purchase of 56 LED internally illuminated street name (ILSN) signs from TRASTAR Inc. for Public Works as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of Trastar Equipment for Public Works Senior Buyer: Cynthia Perez BuyBoard Contract 603-20 Unit Extended Price Price 1 LED internally Illuminated Street Name Sign 6-ft: JXM-STN-6 (6'ILSNS)43 EA. $1,250.00 $53,750.00 2 LED internally Illuminated Street Name Sign 8-ft: JXM-STN-8 (8'ILSNS)13 EA.$1,550.00 $20,150.00 TOTAL:$73,900.00 TraStar, Inc. Richardson, TexasITEMDESCRIPTION QTY.UNIT Intersection Signs 6-ft 8-ft District 1 Shoreline @ Peoples Shoreline Blvd 500 (6ft)Peoples St. 100 (6ft)6 6 1 Shoreline Blvd 500 (6ft)Peoples St. 200 (6ft) Shoreline Blvd 600 (6ft) Shoreline Blvd 600 (6ft) 2 Shoreline Blvd. @ Lawrence Shoreline Blvd 300 (6ft)Lawrence St. 100 (6ft)6 6 1 Shoreline Blvd 300 (6ft)Lawrence St. 200 (6ft) Shoreline Blvd 400 (6ft) Shoreline Blvd 400 (6ft) 3 Ocean Dr. @ Louisiana Ocean Dr. 2000 (6ft)Louisiana Ave. 100 (6ft)2 2 2 4 IH-37 @ Water St.IH-37 200 (6ft)Water St. 1000 (6ft)3 3 1 Water St. 1000 (6ft) 5 IH-37 @ Chaparral St.IH-37 300 (6ft)Chaparral St. 1000 (8ft)6 4 2 1 IH-37 300 (6ft)Chaparral St. 1100 (8ft) IH-37 400 (6ft) IH-37 400 (6ft) 6 IH-37 @ Mesquite St.IH-37 400 (6ft)Mesquite St. 1100 (6ft)4 4 1 IH-37 400 (6ft)Mesquite St. 1000 (6ft) 7 IH-37 @ Shoreline Blvd.IH-37 200 (6ft)Shoreline Blvd. 1000 (8ft)5 2 3 1 IH-37 200 (6ft)Shoreline Blvd. 1000 (8ft) Shoreline Blvd. 1100 (8ft) 8 Alameda @ Doddridge Alameda St. 3700 (6ft)Doddridge St. 400 (8ft)4 2 2 2 Alameda St. 3800 (6ft)Doddridge St. 500 (8ft) 9 Alameda @ Glazebrook Alameda St. 3100 (6ft)Glazebrook St. 400 (8ft)4 2 2 2 Alameda St. 3200 (6ft)Glazebrook St. 500 (8ft) 10 Alameda @ Texan Trail Alameda St. 3200 (6ft)Texan Trail 400 (6ft)4 4 2 Alameda St. 3300 (6ft)Texan Trail 500 (6ft) 11 Doddridge @ Santa Fe Doddrige St. 200 (8ft)Santa Fe 3700 (6ft)4 2 2 4 Doddrige St. 300 (8ft)Santa Fe 3800 (6ft) 12 Staples @ Lipes Staples St. 7100 (6ft)Lipes Blvd 5500 (6ft)4 4 5 Staples St. 7200 (6ft)Lipes Blvd 5600 (6ft) 13 Staples @ Timbergate Staples St. 6600 (6ft)Timbergate Dr. 5500 (8ft)4 2 2 5 Staples St. 6700 (6ft)Timbergate Dr. 5600 (8ft) 43 13 56 List of Proposed LED ILSN Sign Locations FY-2020-2021 Street Name & Block No. Sign Size (6'-8') Total Signs AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 23, 2021 Second Reading Ordinance for the City Council Meeting of March 2, 2021 DATE: February 4, 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 Heather Hurlbert, Director of Finance & Business Analysis heatherh3@cctexas.com (361) 826-3227 CAPTION: Ordinance rejecting the apparent low bid of Burnside Services, Inc. as non-responsive and awarding a construction contract to Clark Pipeline Services, Corpus Christi, Texas, for the reconstruction of Leopard Street from Palm Drive to Nueces Bay Boulevard, located in Council District 1, with new asphalt pavement and utility improvements in an amount of $5,262,457.37 with FY 2021 funding available from Bond 2018, Bond 2016, Storm Water, Wastewater, Gas, and Water Funds. SUMMARY: This motion approves a construction contract with Clark Pipeline Services for the reconstruction for Leopard Street from Palm Drive to Nueces Bay Boulevard. The construction will include new asphalt pavement, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, traffic signalization improvements, illumination improvements, and major utility improvements including storm water, wastewater, water, and gas. Construction Contract Award Leopard Street – Palm Drive to Nueces Bay Boulevard (Bond 2018, Proposition A) (Bond 2018 Proposition 1 & 2) BACKGROUND AND FINDINGS: Leopard Street from Palm Drive to Nueces Bay Boulevard is classified as a Secondary Arterial Street and is 0.42 miles in length. This section of the street was originally constructed in 1908. The latest sealcoat was completed in 1994 and 2016. The current reconstruction project was approved by voters as part of the Bond 2018 program. The project scope includes reconstruction of street with new pavement, concrete curb & gutter, bus stops, sidewalks, curb ramps, concrete driveways, upgrades to traffic signals, new underground storm sewer system, installation of plastic water main and wastewater main. In addition to the new roadway the following scope of work will be completed: Three RTA bus and three RTA shelter pads will be constructed. Upgraded traffic signalization and vehicle detection at Nueces Bay Boulevard. Significant stormwater improvements including installing new storm water lines along South Side of Leopard, new curb inlets, new manholes and new laterals along the entire project length. Significant wastewater improvements consisting of replacing to thicker walled polyvinyl chloride pipes (SDR 26 PVC) and more resistant fiberglass manholes. Water improvements include replacing to polyvinyl chloride pipes (PVC C900) and install 18 new fire hydrants. Gas valve boxes raised to grade, and gas lines adjusted as necessary. PROJECT TIMELINE: J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M 2018 2019 2021-2022 Design Bid Construction Project schedule reflects City Council award of construction contract in March 2021 with anticipated completion in May 2022. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids for the proposed Leopard Street construction project. The solicitation contained two base bids, Base Bid 1 (asphalt) and Base Bid 2 (concrete). On November 18, 2020, the City received bids for each segment as provided below: CONTRACTOR BASE BID 1 (ASPHALT) BASE BID 2 (CONCRETE) Bay Ltd $6,299,999.00 NO BIID Clark Pipeline Services $5,262,457.37 NO BID *Burnside Services Inc. $4,606,359.05 $5,125,544.35 JE Services $5,533,812.90 $5,657,875.00 Reytec NO BID $5,984,898.00 Engineer’s Opinion of Probable Cost $5,446,075.47 $6,165,160.36 * - Nonresponsive bidder 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 $128,000/lane mile ($18.18/SY) of the asphalt cost, majority of the subgrade is with a Plasticity Index of greater than 30 and consideration to the adjacent pavement section to provide uniform pavement surface type. The Plasticity index of the street is between 15-30 and the adjacent pavement section to this project limits is asphalt. This project includes approximately 2.57 lane-miles (5 travel lanes) of pavement. The construction cost difference between the concrete and the asphalt pavement is $ 395,417.63 for 2.57 lane-miles, which equates to $153,859.00 per lane-miles ($21.89/SY). Based on the calculation, and the adjacent pavement section, staff recommends the award of Base Bid 1 for asphalt pavement. Staff analyzed the submitted bids in accordance with contract documents and determined Burnside Services Inc were the lowest responsive and responsible bidders. Due to Burnside Services failure to demonstrate the required experience, their bid was declared non-responsive. Clark Pipeline Services is therefore the lowest responsive and responsible bidder. Staff is recommending awarding the contract to Clark Pipeline Services. Clark Pipeline Services has successfully completed the following city projects: Alameda from Six Points to Louisiana in 2019, Ayers Street from Ocean Drive to Alameda Street in 2019, Navigation Boulevard from Leopard Street to Up River Road in 2018, Padre Island Water and Gas Project in 2018, and the Water IDIQ in 2017. Additionally, Clark Pipeline has successfully completed several emergency declaration projects. ALTERNATIVES: The alternative is not to award construction contracts to Clark Pipeline Services, and this would delay the project and conflict with City Council’s goal to expedite street projects. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $5,262,457.37 with funding available from the Bond 2018, Bond 2016, Storm Water, Wastewater, Gas, and Water Funds. Funding Detail: Project expenditures presented in the Capital Improvement Program (CIP) were preliminary cost estimates. Funding for the project has been aligned by transferring funds from Bond 2016 reserves. Fund: ST2020 BD 18 P1(Fund 3556) Mission Elem: Street Pavement Maintenance (051) Project: Leopard St (Palm Dr to Nueces Bay Blvd ) (Project No. 18027A) Account: Construction Contract (550910) Activity: 18027-A-3556-EXP Amount: $2,075,938.00 Fund: ST2018 GO BD16 (Fund 3554) Mission Elem: Water Distribution System (041) Project: Leopard St (Palm Dr to Nueces Bay Blvd ) (Project No. 18027A) Account: Construction Contract (550910) Activity: 18027-A-3554-EXP Amount: $803,613.82 Fund: Storm Water 2021 CI (Fund 4533) Mission Elem: Storm Water Drainage (043) Project: Leopard St (Palm Dr to Nueces Bay Blvd ) (Project No. 18027A) Account: Construction Contract (550910) Activity: 18027-A-4533-EXP Amount: $1,087,652.55 Fund: Water 2020 (Fund 4099) Mission Elem: Water Distribution System (041) Project: Leopard St (Palm Dr to Nueces Bay Blvd ) (Project No. 18027A) Account: Construction Contract (550910) Activity: 18027-A-4099-EXP Amount: $623,980.31 Fund: WW Capital Resv (Fund 4258) Mission Elem: Wastewater Collection System (042) Project: Leopard St (Palm Dr to Nueces Bay Blvd ) (Project No. 18027A) Account: Construction Contract (550910) Activity: 18027-A-4258-EXP Amount: $544,318.39 Fund: Gas 2015 Bond (Fund 4561) Mission Elem: Gas Distribution system (022) Project: Leopard St (Palm Dr to Nueces Bay Blvd ) (Project No. 18027A) Account: Construction Contract (550910) Activity: 18027-A-4561-EXP Amount: $126,954.30 RECOMMENDATION: City staff recommends awarding construction contract to Clark Pipeline Services for reconstruction of Leopard Street from Palm Drive to Nueces Bay Boulevard in the account of $5,2625457.37 for asphalt pavement with construction duration planned for 15 months from issuance of the Notice to Proceed with construction starting March 2021. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps Bid Tabs Project List Contract CIP Page HMAC Policy Page 1 of 2 Ordinance rejecting the apparent low bid of Burnside Services, Inc. as non-responsive and awarding a construction contract to Clark Pipeline Services, Corpus Christi, Texas, for the reconstruction of Leopard Street from Palm Drive to Nueces Bay Boulevard, located in Council District 1, with new asphalt pavement and utility improvements in an amount of $5,262,457.37 with FY 2021 funding available from Bond 2018, Bond 2016, Storm Water, Wastewater, Gas, and Water Funds. WHEREAS, five bids were received on November 18, 2020 for the City’s Leopard Street, Palm Drive to Nueces Bay Blvd, Project No. 18027A; WHEREAS, the bid submitted by Burnside Services, Inc. (“Burnside”) was the apparent low bid in the amount of $4,606,359.05, however the bid was deemed non-responsive by the City because Burnside failed to submit documentation which showed that Burnside had the requisite experience for this type of project. WHEREAS, the second low bid submitted by Clark Pipeline Services, LLP in the amount of $5,262,457.37 shows that Clark Pipeline Services satisfies all the experience requirements and other requirements set out in the Project Bid documents; WHEREAS, the bid exceeds the project budget by $803,613.82, and funding is available from Bond 2016 to fund this Bond 2018, Proposition A project; WHEREAS, Bond 2016 was approved by voters in November 2016, and funds to complete all Bond 2016 projects have been identified. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council supports the use and commitment of $803,613.82 in Bond 2016 proceeds to fund the construction of Leopard Street, Palm Drive to Nueces Bay Boulevard . SECTION 2. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to appropriate $803,613.82 and increase expenditures by $803,613.82. SECTION 3. The bid of Burnside Services, Inc. for the City’s Leopard Street, Palm Drive to Nueces Bay Blvd, Project No. 18027A is rejected as non-responsive due to failure of Burnside to provide documentation that demonstrates that Burnside has the requisite amount and type of experience for the City’s Project as required by the Bid Documents. SECTION 4 The City Council hereby finds that the bid submitted by Clark Pipeline Services is the lowest responsive bid submitted for the Leopard Street, Palm Drive to Nueces Bay Blvd, Project No. 18027A, and the City Manager or designee is authorized to execute a contract with CPC Interests, LLC dba Clark Pipeline Services in the amount of $5,262,457.37 for the Leopard Street, Palm Drive to Nueces Bay Blvd, Project No. 18027A. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo _____________ John Martinez ________________ Roland Barrera __________________ Ben Molina ________________ Gil Hernandez ___________________ Mike Pusley ________________ Michael Hunter ___________________ Greg Smith ________________ Billy Lerma ___________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ______________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor PORTLEOPARD PALMUP RIVER HULBIRT NOAKES MINTON L I P A N KOEPKEFLORAL PARRANTELOPE WESTGATEMOORE NUECES BAYBUDDY LAWRENCE LILYBUFFALO MAGNOLIA C O M A N C H EROSE DRISCOLLOLIVERAZALEAI N D U S T R I A LOLD ROBSTOWNEASTGATEBLUNTZERHUISACHE FAIRVIEWGARDENIAS O U T H L A N DLONGVIEWLIGUSTRUMNANDINAMUELLER GRANADA KENWOOD BLUEBONNETTULIP KENNEDYMESTINA PALMKENWOOD NUECES BAYBUDDY LAWRENCELEOPARD STREET-PALM DRIVE TONUECES BAY BOULEVARD Location Map CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES Proje ct L ocation PROJECT NO. 18027A . BID DATE: Wed., November 18, 2021 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2-A1 MOBILIZATION (MAX. 5% OF PART A)LS 1 $12,843.00 12,843.00$ $20,000.00 20,000.00$ $25,000.00 25,000.00$ 2-A2 BONDS AND INSURANCE (AS REQUIRED)AL 1 $75,600.00 75,600.00$ $95,000.00 95,000.00$ $62,000.00 62,000.00$ 2-A3 CLEAR RIGHT-OF-WAY AC 0.81 $10,000.00 8,100.00$ $120,000.00 97,200.00$ $54,000.00 43,740.00$ 2-A4 LOW PROFILE CONCRETE BARRIERS EA 61.5 $1,300.00 79,950.00$ $1,650.00 101,475.00$ $1,300.00 79,950.00$ 2-A5 TCP PLAN AND PREP LS 1 $7,800.00 7,800.00$ $7,000.00 7,000.00$ $12,000.00 12,000.00$ 2-A6 TCP MOBILIZATION/ADJUSTMENTS LS 1 $34,430.00 34,430.00$ $20,000.00 20,000.00$ $7,600.00 7,600.00$ 2-A7 TCP ITEMS (BARRELS, CONES, ETC.)MO 14 $2,534.00 35,476.00$ $2,500.00 35,000.00$ $15,000.00 210,000.00$ 2-A8 TCP - ELECTRIC MESSAGE BOARDS DAY 20 $230.00 4,600.00$ $200.00 4,000.00$ $200.00 4,000.00$ 2-A9 TCP - CROSSING GUARDS DAY 175 $70.00 12,250.00$ $250.00 43,750.00$ $188.00 32,900.00$ 2-A10 TCP - PAVEMENT REPAIRS LS 1 $15,000.00 15,000.00$ $13,000.00 13,000.00$ $20,000.00 20,000.00$ 2-A11 TCP - ADJUSTING TRAFFIC SIGNAL HEADS AL 1 $10,000.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 10,000.00$ 2-A12 STORM WATER PULLUTION PREVENTION PLAN LS 1 $35,000.00 35,000.00$ $1,900.00 1,900.00$ $15,000.00 15,000.00$ 2-A13 SILT FENCE LF 1,794 $1.10 1,973.40$ $3.50 6,279.00$ $2.00 3,588.00$ 2-A14 BLOCK SODDING SY 153 $5.70 872.10$ $18.00 2,754.00$ $10.00 1,530.00$ 333,894.50$ 457,358.00$ 527,308.00$ NO BID NO BID 2-B1 MOBILIZATION (MAX. 5% OF PART B)LS 1 $71,506.00 71,506.00$ $80,000.00 80,000.00$ $100,000.00 100,000.00$ 2-B2 STREET EXCAVATION SY 19,941 $9.00 179,469.00$ $10.00 199,410.00$ $10.00 199,410.00$ 2-B3 JOINTED PLAIN CONCRETE PAVEMENT (9 IN)SY 18,881 $82.00 1,548,242.00$ $72.00 1,359,432.00$ $91.00 1,718,171.00$ 2-B4 PRIME COAT (MC-30)GAL 2,832 $5.50 15,576.00$ $5.00 14,160.00$ $6.00 16,992.00$ 2-B5 6" CRUSHED LIMESTONE BASE (TY A, GR. 1-2)SY 19,941 $16.00 319,056.00$ $13.00 259,233.00$ $13.00 259,233.00$ 2-B6 12" COMPACTED SUBGRADE SY 19,941 $2.75 54,837.75$ $1.80 35,893.80$ $4.00 79,764.00$ 2-B7 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT MARKING TYPE 1 (W) (WORD)EA 4 $250.00 1,000.00$ $300.00 1,200.00$ $252.00 1,008.00$ 2-B8 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT MARKING TYPE 1 (W) (ARROW)EA 15 $250.00 3,750.00$ $240.00 3,600.00$ $187.00 2,805.00$ 2-B9 REFL. PAVEMENT MARKING TYPE 1 (W) (4") (DOT)(090 MIL)LF 33 $1.50 49.50$ $1.00 33.00$ $0.75 24.75$ 2-B10 REFL. PAVEMENT MARKING TYPE 1 (W) (8") (SLD)(090 MIL)LF 550 $2.75 1,512.50$ $1.50 825.00$ $1.50 825.00$ CC, TX 78409 TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. RFB 3303 Burnside Services Inc Bay LtdReytec Constr Resources Clark Pipeline ServicesJE Constr Services LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Road 401 Corn Products Rd Navasota, TX 77868 CC, TX 78409 PART A - GENERAL SUBTOTAL PART A - GENERAL PART B - STREET IMPROVEMENTS BASE BID 2 - CONCRETE (RIGID) 1901 Hollister Houston, TX 77080 6229 Leopard St7505 UpRiver Rd CC, TX 78409 Page 1 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CC, TX 78409 RFB 3303 Burnside Services Inc Bay LtdReytec Constr Resources Clark Pipeline ServicesJE Constr Services LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Road 401 Corn Products Rd Navasota, TX 77868 CC, TX 78409 1901 Hollister Houston, TX 77080 6229 Leopard St7505 UpRiver Rd CC, TX 78409 2-B11 REFL. PAVEMENT MARKING TYPE 1 (W) (12") (SOLID)(090 MIL)LF 147 $4.10 602.70$ $7.00 1,029.00$ $6.00 882.00$ 2-B12 REFL. PAVEMENT MARKING TYPE 1 (W) (4") (BRK)(090 MIL)LF 1,090 $1.50 1,635.00$ $1.00 1,090.00$ $0.75 817.50$ 2-B13 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC REFL. PAVEMENT MARKING TYPE 1 (W) (24") (SLD) (090 MIL) LF 1,379 $18.00 24,822.00$ $12.00 16,548.00$ $10.00 13,790.00$ 2-B14 REFL. PAVEMENT MARKINGS TY I (Y) 4" (BRK)(090 MIL)LF 660 $1.50 990.00$ $1.00 660.00$ $0.75 495.00$ 2-B15 REFL. PAVEMENT MARKING TYPE I (Y) (4") (SLD)(090 MIL)LF 4,829 $4.10 19,798.90$ $1.00 4,829.00$ $0.75 3,621.75$ 2-B16 PAVEMENT SEALER 4" LF 6,612 $1.00 6,612.00$ $0.30 1,983.60$ $0.25 1,653.00$ 2-B17 PAVEMENT SEALER 8" LF 550 $1.50 825.00$ $0.65 357.50$ $0.50 275.00$ 2-B18 PAVEMENT SEALER 12" LF 147 $3.00 441.00$ $1.00 147.00$ $0.75 110.25$ 2-B19 PAVEMENT SEALER 24" LF 1,379 $4.00 5,516.00$ $2.00 2,758.00$ $1.55 2,137.45$ 2-B20 TY I-C RAISED PAVEMENT MARKER (REFLECTORIZED)EA 62 $12.00 744.00$ $6.00 372.00$ $5.05 313.10$ 2-B21 TY-II-A-A RAISED PAVEMENT MARKER (REFLECTORIZED)EA 255 $12.00 3,060.00$ $6.00 1,530.00$ $5.05 1,287.75$ 2-B22 REMOVE EXISTING STREET SIGNS AND ASSEMBLIES EA 29 $800.00 23,200.00$ $190.00 5,510.00$ $61.00 1,769.00$ 2-B23 IN SM RD SN SUP & AM TY 10BWG (1)SA(P)EA 25 $1,032.00 25,800.00$ $1,000.00 25,000.00$ $833.00 20,825.00$ 2-B24 IN SM RD SN SUP & AM TY 10BWG (1)SA(P-BM)EA 9 $1,170.00 10,530.00$ $1,200.00 10,800.00$ $985.00 8,865.00$ 2-B25 CONCRETE MEDIAN CAP SF 5,053 $6.50 32,844.50$ $6.00 30,318.00$ $5.00 25,265.00$ 2-B26 CONCRETE DRIVEWAY SY 1,259 $61.00 76,799.00$ $95.00 119,605.00$ $93.00 117,087.00$ 2-B27 UNANTICIPATED CONCRETE DRIVEWAY REMOVAL SF 100 $8.00 800.00$ $21.00 2,100.00$ $5.00 500.00$ 2-B28 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS AL 1 $25,000.00 25,000.00$ $25,000.00 25,000.00$ $25,000.00 25,000.00$ 2,455,018.85$ 2,203,423.90$ 2,602,926.55$ NO BID NO BID 2-C1 MOBILIZATION (MAX. 5% OF PART C)LS 1 $16,500.00 16,500.00$ $17,000.00 17,000.00$ $18,000.00 18,000.00$ 2-C2 DRILL SHAFT (TRF SIG POLE) (24 IN)LF 24 $215.00 5,160.00$ $160.00 3,840.00$ $126.00 3,024.00$ 2-C3 DRILL SHAFT (TRF SIG POLE) (36 IN)LF 47 $279.00 13,113.00$ $400.00 18,800.00$ $313.00 14,711.00$ 2-C4 DRILL SHAFT (TRF SIG POLE) (48 IN)LF 23 $500.00 11,500.00$ $650.00 14,950.00$ $505.00 11,615.00$ 2-C5 CONDT (PVC) (SCHD 40) (2") LF 425 $10.00 4,250.00$ $20.00 8,500.00$ $28.00 11,900.00$ 2-C6 CONDT (PVC) (SCHD 40) (4") LF 441 $21.00 9,261.00$ $25.00 11,025.00$ $32.00 14,112.00$ 2-C7 CONDT (PVC) (SCHD 40) (2") (BORE)LF 263 $23.00 6,049.00$ $25.00 6,575.00$ $32.00 8,416.00$ 2-C8 CONDT (PVC) (SCHD 40) (4") (BORE)LF 525 $29.00 15,225.00$ $41.00 21,525.00$ $44.00 23,100.00$ SUBTOTAL PART B - STREET IMPROVEMENTS PART C - TRAFFIC SIGNAL IMPROVEMENTS Page 2 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CC, TX 78409 RFB 3303 Burnside Services Inc Bay LtdReytec Constr Resources Clark Pipeline ServicesJE Constr Services LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Road 401 Corn Products Rd Navasota, TX 77868 CC, TX 78409 1901 Hollister Houston, TX 77080 6229 Leopard St7505 UpRiver Rd CC, TX 78409 2-C9 2 CONDR (NO.12) WITH GROUND (LUMINAIRE WIRE)LF 704 $1.00 704.00$ $2.00 1,408.00$ $1.80 1,267.20$ 2-C10 ELEC CONDR (NO. 6) BARE LF 37 $1.00 37.00$ $6.00 222.00$ $5.05 186.85$ 2-C11 ELEC CONDR (NO. 6) INSULATED LF 74 $1.50 111.00$ $6.00 444.00$ $5.05 373.70$ 2-C12 ELEC CONDR (NO. 8) BARE LF 1,512 $1.50 2,268.00$ $2.00 3,024.00$ $1.75 2,646.00$ 2-C13 TRAY CABLE (3 CONDR) (12 AWG)LF 1,317 $2.15 2,831.55$ $2.00 2,634.00$ $1.85 2,436.45$ 2-C14 TRAY CABLE (3 CONDR) (14 AWG)LF 875 $2.50 2,187.50$ $2.00 1,750.00$ $1.95 1,706.25$ 2-C15 GROUND BOX TY D WITH APRON EA 10 $1,240.00 12,400.00$ $1,400.00 14,000.00$ $1,110.00 11,100.00$ 2-C16 INSTALL HWY TRF SIG (ISOLATED)EA 1 $8,760.00 8,760.00$ $4,000.00 4,000.00$ $3,230.00 3,230.00$ 2-C17 ELC SRV TY D 120/240 060 (NS)SS(E)PS(U)EA 1 $8,100.00 8,100.00$ $7,000.00 7,000.00$ $5,850.00 5,850.00$ 2-C18 ILSN (LED) 8S (DURALIGHT) (FIXED MOUNT)EA 4 $3,100.00 12,400.00$ $3,800.00 15,200.00$ $2,980.00 11,920.00$ 2-C19 REMOVING TRAFFIC SIGNALS EA 1 $3,600.00 3,600.00$ $4,600.00 4,600.00$ $2,525.00 2,525.00$ 2-C20 LOUVERED VACUUM FORMED ABS BACK PLATE (12")(3 SEC)EA 8 $120.00 960.00$ $100.00 800.00$ $86.00 688.00$ 2-C21 LOUVERED VACUUM FORMED ABS BACK PLATE (12")(4 SEC)EA 3 $147.00 441.00$ $140.00 420.00$ $111.00 333.00$ 2-C22 DURALIGHT COUNTDOWN PEDESTRIAN SIGNAL MODULE (16 INCH)EA 8 $602.00 4,816.00$ $600.00 4,800.00$ $480.00 3,840.00$ 2-C23 TRF SIG CBL (TY A) (12 AWG) (4 CONDR) LF 294 $1.25 367.50$ $2.00 588.00$ $1.75 514.50$ 2-C24 TRF SIG CBL (TY A) (14 AWG) (5 CONDR) LF 327 $1.65 539.55$ $2.00 654.00$ $1.95 637.65$ 2-C25 TRF SIG CBL (TY A) (14 AWG) (7 CONDR) LF 237 $1.65 391.05$ $2.50 592.50$ $2.00 474.00$ 2-C26 TRF SIG CBL (TY A) (14 AWG) (16 CONDR) LF 698 $3.00 2,094.00$ $5.00 3,490.00$ $4.25 2,966.50$ 2-C27 INS TRF SIG PL AM(S)1 ARM (24') LUM & ILSN EA 1 $9,000.00 9,000.00$ $10,000.00 10,000.00$ $8,180.00 8,180.00$ 2-C28 INS TRF SIG PL AM(S)1 ARM (32') LUM & ILSN EA 1 $9,560.00 9,560.00$ $11,000.00 11,000.00$ $8,940.00 8,940.00$ 2-C29 INS TRF SIG PL AM(S)1 ARM (44') LUM & ILSN EA 1 $10,830.00 10,830.00$ $14,000.00 14,000.00$ $11,392.00 11,392.00$ 2-C30 INS TRF SIG PL AM(S)1 ARM (60') LUM & ILSN EA 1 $23,410.00 23,410.00$ $25,000.00 25,000.00$ $19,876.00 19,876.00$ 2-C31 PED POLE ASSEMBLY EA 4 $1,345.00 5,380.00$ $1,200.00 4,800.00$ $984.00 3,936.00$ 2-C32 POLARA PUSH BUTTON (APS) W/R10-3E SIGN EA 8 $815.00 6,520.00$ $900.00 7,200.00$ $717.00 5,736.00$ 2-C33 PED DETECTOR CONTROLLER UNIT EA 1 $4,100.00 4,100.00$ $4,500.00 4,500.00$ $3,838.00 3,838.00$ 2-C34 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (GRN) EA 8 $247.00 1,976.00$ $300.00 2,400.00$ $247.00 1,976.00$ 2-C35 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (GRN ARW) EA 3 $247.00 741.00$ $300.00 900.00$ $247.00 741.00$ 2-C36 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (YEL) EA 8 $247.00 1,976.00$ $300.00 2,400.00$ $247.00 1,976.00$ Page 3 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CC, TX 78409 RFB 3303 Burnside Services Inc Bay LtdReytec Constr Resources Clark Pipeline ServicesJE Constr Services LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Road 401 Corn Products Rd Navasota, TX 77868 CC, TX 78409 1901 Hollister Houston, TX 77080 6229 Leopard St7505 UpRiver Rd CC, TX 78409 2-C37 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (YEL ARW) EA 6 $247.00 1,482.00$ $300.00 1,800.00$ $247.00 1,482.00$ 2-C38 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (RED) EA 8 $247.00 1,976.00$ $300.00 2,400.00$ $247.00 1,976.00$ 2-C39 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (RED ARW) EA 3 $247.00 741.00$ $300.00 900.00$ $247.00 741.00$ 2-C40 ALPHA FXM 2000 UNINTERRUPTIBLE POWER SUPPLY WITH CABINET EA 1 $7,850.00 7,850.00$ $8,000.00 8,000.00$ $6,262.00 6,262.00$ 2-C41 RADAR PRESENCE DETECTOR (WAVETRONIX) EA 4 $5,365.00 21,460.00$ $7,900.00 31,600.00$ $6,161.00 24,644.00$ 2-C42 RADAR PRESENCE DETECTOR COMM & POWER CABLE (SMARTSENSOR 6/C)LF 782 $4.00 3,128.00$ $3.80 2,971.60$ $3.05 2,385.10$ 2-C43 SCHOOL ZONE FLASHER ASSEMBLY (REMOVE AND REPLACE)EA 2 $8,500.00 17,000.00$ $6,500.00 13,000.00$ $5,151.00 10,302.00$ 2-C44 CAMERA PTZ (PELCO SPECTRA ENHANCED SERIES) WITH PELCO PA402 MOUNT EA 1 $4,500.00 4,500.00$ $4,600.00 4,600.00$ $3,626.00 3,626.00$ 2-C45 ETHERNET CABLE CAT5E FOR PTZ LF 184 $3.30 607.20$ $6.00 1,104.00$ $5.05 929.20$ 2-C46 WAVETRONIX CLICK 656 CABINET INTERFACE DEVICE EA 1 $4,900.00 4,900.00$ $5,000.00 5,000.00$ $3,939.00 3,939.00$ 2-C47 DATA AGGREGATOR DA-400, POWER/COMM CABLE AND 5-BAND ANTENNA EA 1 $5,400.00 5,400.00$ $7,000.00 7,000.00$ $5,726.00 5,726.00$ 2-C48 MAST ARM DAMPING PLATE EA 1 $269.00 269.00$ $700.00 700.00$ $555.00 555.00$ 2-C49 CONTROLLER CABINET (TS-2) WITH EXTENSION EA 1 $13,800.00 13,800.00$ $13,000.00 13,000.00$ $10,625.00 10,625.00$ 2-C50 NEMA TYPE CONTROLLER FOUNDATION EA 1 $3,500.00 3,500.00$ $2,700.00 2,700.00$ $2,121.00 2,121.00$ 2-C51 CONTROLLER ECONOLITE COBALT EA 1 $3,900.00 3,900.00$ $4,600.00 4,600.00$ $3,560.00 3,560.00$ 2-C52 MMU2-16LEIP WITH ETHERNET PORT EA 1 $1,140.00 1,140.00$ $1,500.00 1,500.00$ $1,247.00 1,247.00$ 2-C53 CISCO ETHERNET 4000 SWITCH (IE-4000-8GT8GP4G- E) AND POWER SUPPLY (PWR-IE170W-PC-AC=)EA 1 $8,500.00 8,500.00$ $10,000.00 10,000.00$ $8,383.00 8,383.00$ 2-C54 MIMOSA-B5 BACKHAUL RADIO EA 1 $7,000.00 7,000.00$ $4,000.00 4,000.00$ $3,131.00 3,131.00$ 2-C55 TRAFFIC SIGNAL MODIFICATION (2 INTERSECTIONS)LS 1 $65,000.00 65,000.00$ $8,400.00 8,400.00$ $6,565.00 6,565.00$ 2-C56 ALLOWANCE FOR UNANTICIPATED TRAFFIC SIGNAL IMPROVEMENTS AL 1 $5,000.00 5,000.00$ $5,000.00 5,000.00$ $5,000.00 5,000.00$ 394,712.35$ 378,317.10$ 327,363.40$ NO BID NO BID 2-D1 MOBILIZATION (MAX. 5% OF PART D)LS 1 $213.00 213.00$ $2,000.00 2,000.00$ $500.00 500.00$ 2-D2 CONCRETE BUS SHELTER PAD SF 900 $6.75 6,075.00$ $17.00 15,300.00$ $16.00 14,400.00$ 2-D3 ALLOWANCE FOR UNANTICIPATED RTA IMPROVEMENTS AL 1 $1,000.00 1,000.00$ $1,000.00 1,000.00$ $1,000.00 1,000.00$ 7,288.00$ 18,300.00$ 15,900.00$ NO BID NO BID SUBTOTAL PART C - TRAFFIC SIGNALS IMPR PART D - RTA IMPROVEMENTS SUBTOTAL PART D - RTA IMPROVEMENTS Page 4 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CC, TX 78409 RFB 3303 Burnside Services Inc Bay LtdReytec Constr Resources Clark Pipeline ServicesJE Constr Services LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Road 401 Corn Products Rd Navasota, TX 77868 CC, TX 78409 1901 Hollister Houston, TX 77080 6229 Leopard St7505 UpRiver Rd CC, TX 78409 2-E1 MOBILIZATION (MAX. 5% OF PART E)LS 1 $5,015.00 5,015.00$ $12,000.00 12,000.00$ $10,000.00 10,000.00$ 2-E2 CONCRETE SIDEWALK SF 15,308 $6.25 95,675.00$ $8.00 122,464.00$ $8.60 131,648.80$ 2-E3 REMOVE AND REPLACE EXISTING 6" CONCRETE CURB & GUTTER LF 263 $35.00 9,205.00$ $54.00 14,202.00$ $27.00 7,101.00$ 2-E4 CONCRETE CURB RAMPS SF 4,167 $8.70 36,252.90$ $28.00 116,676.00$ $21.00 87,507.00$ 2-E5 SIDEWALK RETAINING CURB LF 50 $25.00 1,250.00$ $65.00 3,250.00$ $32.00 1,600.00$ 2-E6 SIDEWALK DRAIN LF 50 $100.00 5,000.00$ $200.00 10,000.00$ $390.00 19,500.00$ 2-E7 REFL. PAVEMENT MARKING TYPE 1 (W) (24") (SOLID) - CROSSWALK LF 959 $18.00 17,262.00$ $12.00 11,508.00$ $10.00 9,590.00$ 2-E8 ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS AL 1 $2,500.00 2,500.00$ $2,500.00 2,500.00$ $2,500.00 2,500.00$ 172,159.90$ 292,600.00$ 269,446.80$ NO BID NO BID 2-F1 MOBILIZATION (MAX. 5% OF PART F)LS 1 $21,326.00 21,326.00$ $40,000.00 40,000.00$ $30,000.00 30,000.00$ 2-F2 REMOVE EXISTING INLET OR MANHOLE EA 1 $800.00 800.00$ $2,000.00 2,000.00$ $500.00 500.00$ 2-F3 5' DIAMETER CONCRETE MANHOLE (TYPE-A) (CAST IN PLACE)EA 4 $4,500.00 18,000.00$ $8,000.00 32,000.00$ $5,500.00 22,000.00$ 2-F4 6' DIAMETER CONCRETE MANHOLE (TYPE-A) (CAST IN PLACE)EA 3 $6,000.00 18,000.00$ $9,000.00 27,000.00$ $7,500.00 22,500.00$ 2-F5 REMOVE EXISTING REINFORCED CONCRETE PIPE (15" - 36")LF 437 $25.00 10,925.00$ $39.00 17,043.00$ $8.00 3,496.00$ 2-F6 CONCRETE CURB LF 5,073 $18.00 91,314.00$ $23.00 116,679.00$ $5.25 26,633.25$ 2-F7 6' CONCRETE CURB INLET (CAST IN PLACE)EA 9 $7,800.00 70,200.00$ $9,000.00 81,000.00$ $5,400.00 48,600.00$ 2-F8 5' CONCRETE CURB INLET THROAT EXTENSION EA 28 $4,500.00 126,000.00$ $2,000.00 56,000.00$ $2,600.00 72,800.00$ 2-F9 REMOVE AND REPLACE EXISTING 5' CURB INLET TOP (CAST IN PLACE)EA 9 $4,000.00 36,000.00$ $3,000.00 27,000.00$ $2,400.00 21,600.00$ 2-F10 18" DIAMETER REINFORCED CONCRETE PIPE (CLASS III)LF 292 $79.00 23,068.00$ $160.00 46,720.00$ $148.00 43,216.00$ 2-F11 24" DIAMETER REINFORCED CONCRETE PIPE (CLASS III)LF 70 $86.00 6,020.00$ $180.00 12,600.00$ $161.00 11,270.00$ 2-F12 36" DIAMETER REINFORCED CONCRETE PIPE (CLASS III)LF 1,186 $133.00 157,738.00$ $200.00 237,200.00$ $220.00 260,920.00$ 2-F13 42" DIAMETER REINFORCED CONCRETE PIPE (CLASS III)LF 801 $162.00 129,762.00$ $230.00 184,230.00$ $267.00 213,867.00$ 2-F14 TRENCH SAFETY (STORM WATER INLETS OR MANHOLES)EA 13 $300.00 3,900.00$ $650.00 8,450.00$ $100.00 1,300.00$ 2-F15 TRENCH SAFETY (STORM WATER LINE)LF 2,349 $1.75 4,110.75$ $6.00 14,094.00$ $2.00 4,698.00$ 2-F16 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS AL 1 $15,000.00 15,000.00$ $15,000.00 15,000.00$ $15,000.00 15,000.00$ PART E - ADA IMPROVEMENTS SUBTOTAL PART E - ADA IMPROVEMENTS PART F - STORM WATER IMPROVEMENTS Page 5 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CC, TX 78409 RFB 3303 Burnside Services Inc Bay LtdReytec Constr Resources Clark Pipeline ServicesJE Constr Services LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Road 401 Corn Products Rd Navasota, TX 77868 CC, TX 78409 1901 Hollister Houston, TX 77080 6229 Leopard St7505 UpRiver Rd CC, TX 78409 732,163.75$ 917,016.00$ 798,400.25$ NO BID NO BID 2-G1 MOBILIZATION (MAX. 5% OF PART G)LS 1 $12,697.00 12,697.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ 2-G2 8" PVC C900 WATERLINE LF 2,578 $44.00 113,432.00$ $90.00 232,020.00$ $105.00 270,690.00$ 2-G3 8" DI WATERLINE LF 170 $89.00 15,130.00$ $270.00 45,900.00$ $152.00 25,840.00$ 2-G4 10" PVC C900 WATERLINE LF 64 $55.00 3,520.00$ $175.00 11,200.00$ $130.00 8,320.00$ 2-G5 6" GATE VALVE & VALVE BOX, RESTRAINED EA 1 $1,575.00 1,575.00$ $1,500.00 1,500.00$ $1,430.00 1,430.00$ 2-G6 8" GATE VALVE & VALVE BOX, RESTRAINED EA 2 $1,920.00 3,840.00$ $1,900.00 3,800.00$ $1,773.00 3,546.00$ 2-G7 10" GATE VALVE & VALVE BOX, RESTRAINED EA 2 $2,500.00 5,000.00$ $3,200.00 6,400.00$ $2,525.00 5,050.00$ 2-G8 16" GATE VALVE & VALVE BOX, RESTRAINED EA 1 $5,500.00 5,500.00$ $10,000.00 10,000.00$ $8,200.00 8,200.00$ 2-G9 8" 45° DIMJ BEND EA 55 $165.00 9,075.00$ $350.00 19,250.00$ $440.00 24,200.00$ 2-G10 10" 45° DIMJ BEND EA 2 $305.00 610.00$ $400.00 800.00$ $610.00 1,220.00$ 2-G11 8" WATER VALVE EA 18 $1,920.00 34,560.00$ $1,900.00 34,200.00$ $1,450.00 26,100.00$ 2-G12 10" WATER VALVE EA 1 $2,520.00 2,520.00$ $3,200.00 3,200.00$ $2,500.00 2,500.00$ 2-G13 8" DIMJ ELBOW EA 2 $165.00 330.00$ $600.00 1,200.00$ $660.00 1,320.00$ 2-G14 8" X 8" DIMJ CROSS RESTRAINED EA 2 $1,400.00 2,800.00$ $500.00 1,000.00$ $670.00 1,340.00$ 2-G15 8" X 6" DIMJ TEE EA 18 $210.00 3,780.00$ $250.00 4,500.00$ $300.00 5,400.00$ 2-G16 8" X 6" DIMJ REDUCER EA 3 $450.00 1,350.00$ $200.00 600.00$ $446.00 1,338.00$ 2-G17 8" X 8" DIMJ TEE EA 3 $264.00 792.00$ $500.00 1,500.00$ $600.00 1,800.00$ 2-G18 8" X 10" DIMJ TEE EA 1 $440.00 440.00$ $900.00 900.00$ $1,046.00 1,046.00$ 2-G19 6" PVC CONNECTION TO EXISTING LINE, RESTRAINED EA 2 $1,200.00 2,400.00$ $2,000.00 4,000.00$ $2,328.00 4,656.00$ 2-G20 8" PVC CONNECTION TO EXISTING LINE, RESTRAINED EA 6 $1,800.00 10,800.00$ $2,000.00 12,000.00$ $2,360.00 14,160.00$ 2-G21 10" PVC CONNECTION TO EXISTING LINE, RESTRAINED EA 1 $2,200.00 2,200.00$ $2,000.00 2,000.00$ $3,243.00 3,243.00$ 2-G22 8" X 8" TAPPING SLEEVE AND VALVE EA 1 $3,542.00 3,542.00$ $16,000.00 16,000.00$ $9,734.00 9,734.00$ 2-G23 16" X 8" TAPPING SLEEVE AND VALVE EA 1 $4,800.00 4,800.00$ $17,000.00 17,000.00$ $11,000.00 11,000.00$ 2-G24 6" PLUG EA 3 $500.00 1,500.00$ $200.00 600.00$ $1,009.00 3,027.00$ 2-G25 8" PLUG EA 5 $650.00 3,250.00$ $200.00 1,000.00$ $1,217.00 6,085.00$ 2-G26 10" PLUG EA 1 $800.00 800.00$ $300.00 300.00$ $1,563.00 1,563.00$ 2-G27 NEW FIRE HYDRANT ASSEMBLY (TYPE 1)EA 18 $5,100.00 91,800.00$ $6,000.00 108,000.00$ $11,000.00 198,000.00$ 2-G28 REPLACE EXISTING WATER SERVICE WITH NEW WATER SERVICE LINE W/CONNECTION EA 9 $2,800.00 25,200.00$ $2,500.00 22,500.00$ $1,683.00 15,147.00$ 2-G29 1" WATER SERVICE CONNECTION (INCLUDING METER ASSEMBLY AND METER BOX)EA 9 $2,800.00 25,200.00$ $1,200.00 10,800.00$ $617.00 5,553.00$ 2-G30 CONNECTION TO EXISTING WATER LINE EA 12 $2,800.00 33,600.00$ $1,000.00 12,000.00$ $400.00 4,800.00$ PART G - WATER IMPROVEMENTS SUBTOTAL PART F - STORM WATER IMPR Page 6 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CC, TX 78409 RFB 3303 Burnside Services Inc Bay LtdReytec Constr Resources Clark Pipeline ServicesJE Constr Services LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Road 401 Corn Products Rd Navasota, TX 77868 CC, TX 78409 1901 Hollister Houston, TX 77080 6229 Leopard St7505 UpRiver Rd CC, TX 78409 2-G31 TRENCH SAFETY FOR WATER LINES LF 2,578 $1.50 3,867.00$ $3.00 7,734.00$ $2.00 5,156.00$ 2-G32 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS AL 1 $10,000.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 10,000.00$ 435,910.00$ 631,904.00$ 711,464.00$ NO BID NO BID 2-H1 MOBILIZATION (MAX. 5% OF PART H)LS 1 $13,038.00 13,038.00$ $30,000.00 30,000.00$ $20,000.00 20,000.00$ 2-H2 4' DIAMETER WASTEWATER MANHOLE (6' DEPTH OR LESS) (FIBERGLASS)EA 9 $8,000.00 72,000.00$ $9,000.00 81,000.00$ $13,000.00 117,000.00$ 2-H3 EXTRA DEPTH FOR 4' DIAMETER WASTEWATER MANHOLE (OVER 6' DEPTH) (FIBERGLASS)VF 35 $250.00 8,750.00$ $1,300.00 45,500.00$ $145.00 5,075.00$ 2-H4 EXTRA DEPTH FOR 5' DIAMETER WASTEWATER MANHOLE (OVER 6' DEPTH) (FIBERGLASS)VF 5 $275.00 1,375.00$ $1,500.00 7,500.00$ $265.00 1,325.00$ 2-H5 5' DIAMETER WASTEWATER MANHOLE (6' DEPTH OR LESS) (FIBERGLASS)EA 1 $12,500.00 12,500.00$ $10,000.00 10,000.00$ $14,000.00 14,000.00$ 2-H6 ADJUST EXISTING WASTEWATER MANHOLE RIM TO GRADE EA 1 $800.00 800.00$ $2,500.00 2,500.00$ $2,500.00 2,500.00$ 2-H7 8" SDR 26 PVC WASTEWATER MAIN (0' - 6' DEPTH)LF 9 $44.00 396.00$ $145.00 1,305.00$ $200.00 1,800.00$ 2-H8 8" SDR 26 PVC WASTEWATER MAIN (6' - 8' DEPTH)LF 288 $46.00 13,248.00$ $155.00 44,640.00$ $132.00 38,016.00$ 2-H9 8" SDR 26 PVC WASTEWATER MAIN (8' - 10' DEPTH)LF 324 $48.00 15,552.00$ $180.00 58,320.00$ $140.00 45,360.00$ 2-H10 8" SDR 26 PVC WASTEWATER MAIN (10' - 12' DEPTH)LF 75 $50.00 3,750.00$ $215.00 16,125.00$ $145.00 10,875.00$ 2-H11 10" SDR 26 PVC WASTEWATER MAIN (8' - 10' DEPTH)LF 503 $65.00 32,695.00$ $195.00 98,085.00$ $150.00 75,450.00$ 2-H12 10" SDR 26 PVC WASTEWATER MAIN (10' - 12' DEPTH)LF 655 $70.00 45,850.00$ $200.00 131,000.00$ $158.00 103,490.00$ 2-H13 GROUT FILL (8" - 10") VCP WASTEWATER LINE LF 1,468 $68.00 99,824.00$ $15.00 22,020.00$ $15.00 22,020.00$ 2-H14 SHORT WASTEWATER SERVICE LINE (INCLUDES NEW SERVICE LINE, CLEANOUT, AND CONNECTION)EA 6 $12,000.00 72,000.00$ $7,000.00 42,000.00$ $2,600.00 15,600.00$ 2-H15 LONG WASTEWATER SERVICE LINE (INCLUDES NEW SERVICE LINE, CLEANOUT, AND CONNECTION)EA 3 $15,000.00 45,000.00$ $12,000.00 36,000.00$ $3,200.00 9,600.00$ 2-H16 DROP CONNECTION AT MANHOLE EA 1 $4,820.00 4,820.00$ $2,300.00 2,300.00$ $3,800.00 3,800.00$ 2-H17 TRENCH SAFETY (WASTEWATER MANHOLES)EA 9 $250.00 2,250.00$ $650.00 5,850.00$ $320.00 2,880.00$ 2-H18 TRENCH SAFETY FOR WASTEWATER MAIN LF 1,854 $1.50 2,781.00$ $7.00 12,978.00$ $3.00 5,562.00$ 2-H19 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS AL 1 $10,000.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 10,000.00$ SUBTOTAL PART G - WATER IMPROVEMENTS PART H - WASTEWTR IMPROVEMENTS Page 7 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CC, TX 78409 RFB 3303 Burnside Services Inc Bay LtdReytec Constr Resources Clark Pipeline ServicesJE Constr Services LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Road 401 Corn Products Rd Navasota, TX 77868 CC, TX 78409 1901 Hollister Houston, TX 77080 6229 Leopard St7505 UpRiver Rd CC, TX 78409 456,629.00$ 657,123.00$ 504,353.00$ NO BID NO BID 2-I1 MOBILIZATION (MAX. 5% OF PART I)LS 1 $2,741.00 2,741.00$ $1,000.00 1,000.00$ $5,000.00 5,000.00$ 2-I2 EXCAVATION, BACKFILL, AND COMPACTION OF GAS LINES LF 5,423 $15.00 81,345.00$ $5.00 27,115.00$ $30.00 162,690.00$ 2-I3 ADJUST EXISTING GAS VALVE BOX TO FINISHED GRADE EA 2 $4,500.00 9,000.00$ $700.00 1,400.00$ $700.00 1,400.00$ 2-I4 ALLOWANCE FOR UNANTICIPATED GAS IMPROVEMENTS AL 1 $1,000.00 1,000.00$ $1,000.00 1,000.00$ $1,000.00 1,000.00$ 94,086.00$ 30,515.00$ 170,090.00$ NO BID NO BID 2-J1 MOBILIZATION (MAX. 5% OF PART J)LS 1 $1,264.00 1,264.00$ $3,000.00 3,000.00$ $2,000.00 2,000.00$ 2-J2 2" PVC SCHEDULE 40 I.T. CONDUIT WITH PULL STRING AND MULE TAPE LF 2,486 $13.00 32,318.00$ $13.00 32,318.00$ $11.00 27,346.00$ 2-J3 24"X36"X18" I.T. PULL BOX (INSTALLATION ONLY)EA 14 $650.00 9,100.00$ $2,500.00 35,000.00$ $1,950.00 27,300.00$ 2-J4 ALLOWANCE FOR UNANTICIPATED I.T. IMPROVEMENTS AL 1 $1,000.00 1,000.00$ $1,000.00 1,000.00$ $1,000.00 1,000.00$ 43,682.00$ 71,318.00$ 57,646.00$ 5,125,544.35$ 5,657,875.00$ 5,984,898.00$ NO BID NO BID SUBTOTAL PART J - I.T. IMPROVEMENTS TOTAL BASE BID 1 HMAC - (PARTS A THRU J) SUBTOTAL PART H - WASTEWTR IMPR PART I - GAS IMPROVEMENTS SUBTOTAL PART I - GAS IMPROVEMENTS PART J - I.T. IMPROVEMENTS Page 8 of 8 BID DATE: Wed., November 18, 2021 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1-A1 MOBILIZATION (MAX. 5% OF PART A)LS 1 $12,661.00 12,661.00$ $15,000.00 15,000.00$ $20,000.00 20,000.00$ $18,500.00 18,500.00$ 1-A2 BONDS AND INSURANCE (AS REQUIRED)AL 1 $67,900.00 67,900.00$ $52,000.00 52,000.00$ $93,000.00 93,000.00$ $50,000.00 50,000.00$ 1-A3 CLEAR RIGHT-OF-WAY AC 0.81 $10,000.00 8,100.00$ $9,000.00 7,290.00$ $120,000.00 97,200.00$ $313,250.00 253,732.50$ 1-A4 OZONE ACTION DAY EA 5 $500.00 2,500.00$ $420.00 2,100.00$ $600.00 3,000.00$ $1.00 5.00$ 1-A5 LOW PROFILE CONCRETE BARRIERS EA 62 $1,300.00 80,600.00$ $750.00 46,500.00$ $1,650.00 102,300.00$ $1,500.00 93,000.00$ 1-A6 TCP PLAN AND PREP LS 1 $7,800.00 7,800.00$ $18,600.00 18,600.00$ $7,000.00 7,000.00$ $8,120.00 8,120.00$ 1-A7 TCP MOBILIZATION/ADJUSTMENTS LS 1 $34,430.00 34,430.00$ $32,400.00 32,400.00$ $20,000.00 20,000.00$ $35,000.00 35,000.00$ 1-A8 TCP ITEMS (BARRELS, CONES, ETC.)MO 14 $2,534.00 35,476.00$ $3,733.20 52,264.80$ $2,500.00 35,000.00$ $6,100.00 85,400.00$ 1-A9 TCP - ELECTRIC MESSAGE BOARDS DAY 20 $230.00 4,600.00$ $810.00 16,200.00$ $200.00 4,000.00$ $200.00 4,000.00$ 1-A10 TCP - CROSSING GUARDS DAY 175 $70.00 12,250.00$ $210.00 36,750.00$ $250.00 43,750.00$ $265.00 46,375.00$ 1-A11 TCP - PAVEMENT REPAIRS LS 1 $15,000.00 15,000.00$ $30,000.00 30,000.00$ $13,000.00 13,000.00$ $38,200.00 38,200.00$ 1-A12 TCP - ADJUSTING TRAFFIC SIGNAL HEADS AL 1 $10,000.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 10,000.00$ 1-A13 STORM WATER POLLUTION PREVENTION PLAN LS 1 $35,000.00 35,000.00$ $20,880.00 20,880.00$ $1,900.00 1,900.00$ $1,500.00 1,500.00$ 1-A14 SILT FENCE FOR STORM WATER POLLUTION LF 1,794 $1.10 1,973.40$ $4.80 8,611.20$ $3.50 6,279.00$ $7.50 13,455.00$ 1-A15 BLOCK SODDING SY 153 $5.70 872.10$ $11.70 1,790.10$ $18.00 2,754.00$ $20.00 3,060.00$ 329,162.50$ 350,386.10$ 459,183.00$ 660,347.50$ NO BID 1-B1 MOBILIZATION (MAX. 5% OF PART B)LS 1 $56,114.00 56,114.00$ $45,000.00 45,000.00$ $90,000.00 90,000.00$ $18,000.00 18,000.00$ 1-B2 STREET EXCAVATION SY 19,941 $9.00 179,469.00$ $12.00 239,292.00$ $11.00 219,351.00$ $9.00 179,469.00$ 1-B3 TYPE D HOT-MIX ASPHALTIC CONCRETE PAVEMENT (2.5") (INCLUDES TACK COAT)SY 18,064 $20.50 370,312.00$ $21.00 379,344.00$ $20.00 361,280.00$ $19.50 352,248.00$ 1-B4 TYPE B HOT-MIX ASPHALTIC CONCRETE PAVEMENT (5")SY 18,064 $33.50 605,144.00$ $31.50 569,016.00$ $36.00 650,304.00$ $28.00 505,792.00$ 1-B5 PRIME COAT (MC-30)GAL 2,710 $5.50 14,905.00$ $7.68 20,812.80$ $5.00 13,550.00$ $5.25 14,227.50$ 1-B6 7" CRUSHED LIMESTONE BASE (TY A, GR. 1-2)SY 19,941 $17.50 348,967.50$ $25.20 502,513.20$ $15.00 299,115.00$ $16.00 319,056.00$ 1-B7 TENSAR TX5 GEOGRID OR EQUAL SY 19,941 $2.20 43,870.20$ $5.40 107,681.40$ $3.00 59,823.00$ $1.75 34,896.75$ 1-B8 12" COMPACTED SUBGRADE SY 19,941 $2.75 54,837.75$ $5.08 101,300.28$ $1.80 35,893.80$ $2.75 54,837.75$ 1-B9 THERMOPLASTIC PAVEMENT MARKING TYPE 1 (W) EA 4 $250.00 1,000.00$ $300.00 1,200.00$ $300.00 1,200.00$ $330.00 1,320.00$ LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Rd 6229 Leopard St SUBTOTAL PART A - GENERAL PART B - STREET IMPROVEMENTS 1901 Hollister Navasota, TX 77868 CC, TX 78409 Houston, TX 77080 PART A - GENERAL BASE BID 1 - HMAC (FLEXIBLE) 7505 UpRiver Rd CC, TX 78409 401 Corn Products Rd CC, TX 78409 TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. RFB 3303 Burnside Services, Inc.Clark Pipeline Services Reytec Constr ResourcesJE Construction Services Bay Ltd Page 1 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Rd 6229 Leopard St 1901 Hollister Navasota, TX 77868 CC, TX 78409 Houston, TX 77080 7505 UpRiver Rd CC, TX 78409 401 Corn Products Rd CC, TX 78409 RFB 3303 Burnside Services, Inc.Clark Pipeline Services Reytec Constr ResourcesJE Construction Services Bay Ltd 1-B10 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT MARKING TYPE 1 (W) (ARROW)EA 15 $250.00 3,750.00$ $222.00 3,330.00$ $240.00 3,600.00$ $245.00 3,675.00$ 1-B11 REFL. PAVEMENT MARKING TYPE 1 (W) (4") (DOT)(090 MIL)LF 33 $1.50 49.50$ $0.90 29.70$ $1.00 33.00$ $1.00 33.00$ 1-B12 REFL. PAVEMENT MARKING TYPE 1 (W) (8") (SLD)(090 MIL)LF 550 $2.75 1,512.50$ $1.80 990.00$ $1.50 825.00$ $2.00 1,100.00$ 1-B13 REFL. PAVEMENT MARKING TYPE 1 (W) (12") (SOLID)(090 MIL)LF 147 $4.10 602.70$ $7.20 1,058.40$ $7.00 1,029.00$ $8.00 1,176.00$ 1-B14 REFL. PAVEMENT MARKING TYPE 1 (W) (4") (BRK)(090 MIL)LF 1,090 $1.50 1,635.00$ $0.90 981.00$ $1.00 1,090.00$ $1.00 1,090.00$ 1-B15 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC REFL. PAVEMENT MARKING TYPE 1 (W) (24") (SLD) (090 MIL) LF 1,379 $18.00 24,822.00$ $12.00 16,548.00$ $12.00 16,548.00$ $13.00 17,927.00$ 1-B16 REFL. PAVEMENT MARKINGS TY I (Y) 4" (BRK)(090 MIL)LF 660 $1.50 990.00$ $0.90 594.00$ $1.00 660.00$ $1.00 660.00$ 1-B17 REFL. PAVEMENT MARKING TYPE I (Y) (4") (SLD)(090 MIL)LF 4,829 $4.10 19,798.90$ $0.90 4,346.10$ $1.00 4,829.00$ $1.00 4,829.00$ 1-B18 TY I-C RAISED PAVEMENT MARKER (REFLECTORIZED)EA 62 $12.00 744.00$ $6.00 372.00$ $6.00 372.00$ $8.00 496.00$ 1-B19 TY-II-A-A RAISED PAVEMENT MARKER (REFLECTORIZED)EA 255 $12.00 3,060.00$ $6.00 1,530.00$ $6.00 1,530.00$ $8.00 2,040.00$ 1-B20 REMOVE EXISTING STREET SIGNS AND ASSEMBLIES EA 29 $800.00 23,200.00$ $102.00 2,958.00$ $190.00 5,510.00$ $135.00 3,915.00$ 1-B21 IN SM RD SN SUP & AM TY 10BWG (1)SA(P)EA 25 $1,032.00 25,800.00$ $990.00 24,750.00$ $1,000.00 25,000.00$ $1,090.00 27,250.00$ 1-B22 IN SM RD SN SUP & AM TY 10BWG (1)SA(P-BM)EA 9 $1,170.00 10,530.00$ $1,170.00 10,530.00$ $1,200.00 10,800.00$ $1,280.00 11,520.00$ 1-B23 CONCRETE MEDIAN CAP SF 5,053 $6.50 32,844.50$ $9.60 48,508.80$ $6.00 30,318.00$ $12.00 60,636.00$ 1-B24 CONCRETE DRIVEWAY SY 1,259 $61.00 76,799.00$ $14.17 17,840.03$ $95.00 119,605.00$ $118.00 148,562.00$ 1-B25 UNANTICIPATED CONCRETE DRIVEWAY REMOVAL SF 100 $8.00 800.00$ $15.00 1,500.00$ $21.00 2,100.00$ $15.00 1,500.00$ 1-B26 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS AL 1 $25,000.00 25,000.00$ $25,000.00 25,000.00$ $25,000.00 25,000.00$ $25,000.00 25,000.00$ 1,926,557.55$ 2,127,025.71$ 1,979,365.80$ 1,791,256.00$ NO BID 1-C1 MOBILIZATION (MAX. 5% OF PART C)LS 1 $16,500.00 16,500.00$ $5,000.00 5,000.00$ $17,000.00 17,000.00$ $20,000.00 20,000.00$ 1-C2 DRILL SHAFT (TRF SIG POLE) (24 IN)LF 24 $215.00 5,160.00$ $150.00 3,600.00$ $160.00 3,840.00$ $170.00 4,080.00$ 1-C3 DRILL SHAFT (TRF SIG POLE) (36 IN)LF 47 $279.00 13,113.00$ $372.00 17,484.00$ $400.00 18,800.00$ $415.00 19,505.00$ 1-C4 DRILL SHAFT (TRF SIG POLE) (48 IN)LF 23 $500.00 11,500.00$ $600.00 13,800.00$ $650.00 14,950.00$ $674.00 15,502.00$ 1-C5 CONDT (PVC) (SCHD 40) (2") LF 425 $10.00 4,250.00$ $19.20 8,160.00$ $20.00 8,500.00$ $22.00 9,350.00$ SUBTOTAL PART B - STREET IMPROVEMENTS PART C - TRAFFIC SIGNAL IMPROVEMENTS Page 2 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Rd 6229 Leopard St 1901 Hollister Navasota, TX 77868 CC, TX 78409 Houston, TX 77080 7505 UpRiver Rd CC, TX 78409 401 Corn Products Rd CC, TX 78409 RFB 3303 Burnside Services, Inc.Clark Pipeline Services Reytec Constr ResourcesJE Construction Services Bay Ltd 1-C6 CONDT (PVC) (SCHD 40) (4") LF 441 $21.00 9,261.00$ $24.00 10,584.00$ $25.00 11,025.00$ $26.50 11,686.50$ 1-C7 CONDT (PVC) (SCHD 40) (2") (BORE)LF 263 $23.00 6,049.00$ $24.00 6,312.00$ $25.00 6,575.00$ $26.50 6,969.50$ 1-C8 CONDT (PVC) (SCHD 40) (4") (BORE)LF 525 $29.00 15,225.00$ $38.40 20,160.00$ $41.00 21,525.00$ $44.00 23,100.00$ 1-C9 2 CONDR (NO. 12) WITH GROUND (LUMINAIRE WIRE)LF 704 $1.00 704.00$ $2.16 1,520.64$ $2.00 1,408.00$ $2.50 1,760.00$ 1-C10 ELEC CONDR (NO. 6) BARE LF 37 $1.00 37.00$ $6.00 222.00$ $6.00 222.00$ $6.75 249.75$ 1-C11 ELEC CONDR (NO. 6) INSULATED LF 74 $1.50 111.00$ $6.00 444.00$ $6.00 444.00$ $6.75 499.50$ 1-C12 ELEC CONDR (NO. 8) BARE LF 1512 $1.50 2,268.00$ $2.04 3,084.48$ $2.00 3,024.00$ $2.25 3,402.00$ 1-C13 TRAY CABLE (3 CONDR) (12 AWG)LF 1317 $2.15 2,831.55$ $2.16 2,844.72$ $2.00 2,634.00$ $2.50 3,292.50$ 1-C14 TRAY CABLE (3 CONDR) (14 AWG)LF 875 $2.50 2,187.50$ $2.28 1,995.00$ $2.00 1,750.00$ $2.50 2,187.50$ 1-C15 GROUND BOX TY D WITH APRON EA 10 $1,240.00 12,400.00$ $1,320.00 13,200.00$ $1,400.00 14,000.00$ $1,485.00 14,850.00$ 1-C16 INSTALL HWY TRF SIG (ISOLATED)EA 1 $8,760.00 8,760.00$ $3,840.00 3,840.00$ $4,000.00 4,000.00$ $4,360.00 4,360.00$ 1-C17 ELC SRV TY D 120/240 060 (NS)SS(E)PS(U)EA 1 $8,100.00 8,100.00$ $6,960.00 6,960.00$ $7,000.00 7,000.00$ $7,825.00 7,825.00$ 1-C18 ILSN (LED) 8S (DURALIGHT) (FIXED MOUNT)EA 4 $3,100.00 12,400.00$ $3,540.00 14,160.00$ $3,800.00 15,200.00$ $4,000.00 16,000.00$ 1-C19 REMOVING TRAFFIC SIGNALS EA 1 $3,600.00 3,600.00$ $3,000.00 3,000.00$ $4,600.00 4,600.00$ $3,400.00 3,400.00$ 1-C20 LOUVERED VACUUM FORMED ABS BACK PLATE (12")(3 SEC)EA 8 $120.00 960.00$ $102.00 816.00$ $100.00 800.00$ $120.00 960.00$ 1-C21 LOUVERED VACUUM FORMED ABS BACK PLATE (12")(4 SEC)EA 3 $147.00 441.00$ $132.00 396.00$ $140.00 420.00$ $150.00 450.00$ 1-C22 DURALIGHT COUNTDOWN PEDESTRIAN SIGNAL MODULE (16 INCH)EA 8 $602.00 4,816.00$ $570.00 4,560.00$ $600.00 4,800.00$ $640.00 5,120.00$ 1-C23 TRF SIG CBL (TY A) (12 AWG) (4 CONDR) LF 294 $1.25 367.50$ $2.04 599.76$ $2.00 588.00$ $2.25 661.50$ 1-C24 TRF SIG CBL (TY A) (14 AWG) (5 CONDR) LF 327 $1.65 539.55$ $2.28 745.56$ $2.00 654.00$ $2.50 817.50$ 1-C25 TRF SIG CBL (TY A) (14 AWG) (7 CONDR) LF 237 $1.65 391.05$ $2.34 554.58$ $2.50 592.50$ $2.75 651.75$ 1-C26 TRF SIG CBL (TY A) (14 AWG) (16 CONDR) LF 698 $3.00 2,094.00$ $5.04 3,517.92$ $5.00 3,490.00$ $5.50 3,839.00$ 1-C27 INS TRF SIG PL AM(S)1 ARM (24') LUM & ILSN EA 1 $9,000.00 9,000.00$ $9,720.00 9,720.00$ $10,000.00 10,000.00$ $11,000.00 11,000.00$ 1-C28 INS TRF SIG PL AM(S)1 ARM (32') LUM & ILSN EA 1 $9,560.00 9,560.00$ $10,620.00 10,620.00$ $11,000.00 11,000.00$ $12,000.00 12,000.00$ 1-C29 INS TRF SIG PL AM(S)1 ARM (44') LUM & ILSN EA 1 $10,830.00 10,830.00$ $13,536.00 13,536.00$ $14,000.00 14,000.00$ $15,350.00 15,350.00$ 1-C30 INS TRF SIG PL AM(S)1 ARM (60') LUM & ILSN EA 1 $23,410.00 23,410.00$ $23,616.00 23,616.00$ $25,000.00 25,000.00$ $26,800.00 26,800.00$ 1-C31 PED POLE ASSEMBLY EA 4 $1,345.00 5,380.00$ $1,170.00 4,680.00$ $1,200.00 4,800.00$ $1,325.00 5,300.00$ 1-C32 POLARA PUSH BUTTON (APS) W/R10-3E SIGN EA 8 $815.00 6,520.00$ $852.00 6,816.00$ $900.00 7,200.00$ $970.00 7,760.00$ 1-C33 PED DETECTOR CONTROLLER UNIT EA 1 $4,100.00 4,100.00$ $4,560.00 4,560.00$ $4,500.00 4,500.00$ $5,175.00 5,175.00$ Page 3 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Rd 6229 Leopard St 1901 Hollister Navasota, TX 77868 CC, TX 78409 Houston, TX 77080 7505 UpRiver Rd CC, TX 78409 401 Corn Products Rd CC, TX 78409 RFB 3303 Burnside Services, Inc.Clark Pipeline Services Reytec Constr ResourcesJE Construction Services Bay Ltd 1-C34 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (GRN) EA 8 $247.00 1,976.00$ $294.00 2,352.00$ $300.00 2,400.00$ $335.00 2,680.00$ 1-C35 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (GRN ARW) EA 3 $247.00 741.00$ $294.00 882.00$ $300.00 900.00$ $335.00 1,005.00$ 1-C36 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (YEL) EA 8 $247.00 1,976.00$ $294.00 2,352.00$ $300.00 2,400.00$ $335.00 2,680.00$ 1-C37 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (YEL ARW) EA 6 $247.00 1,482.00$ $294.00 1,764.00$ $300.00 1,800.00$ $335.00 2,010.00$ 1-C38 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (RED) EA 8 $247.00 1,976.00$ $294.00 2,352.00$ $300.00 2,400.00$ $335.00 2,680.00$ 1-C39 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (RED ARW) EA 3 $247.00 741.00$ $294.00 882.00$ $300.00 900.00$ $335.00 1,005.00$ 1-C40 ALPHA FXM 2000 UNINTERRUPTIBLE POWER SUPPLY WITH CABINET EA 1 $7,850.00 7,850.00$ $19,440.00 19,440.00$ $8,000.00 8,000.00$ $8,500.00 8,500.00$ 1-C41 RADAR PRESENCE DETECTOR (WAVETRONIX) EA 4 $5,365.00 21,460.00$ $7,320.00 29,280.00$ $7,900.00 31,600.00$ $8,300.00 33,200.00$ 1-C42 RADAR PRESENCE DETECTOR COMM & POWER CABLE (SMARTSENSOR 6/C)LF 782 $4.00 3,128.00$ $3.60 2,815.20$ $3.80 2,971.60$ $4.00 3,128.00$ 1-C43 SCHOOL ZONE FLASHER ASSEMBLY (REMOVE AND REPLACE)EA 2 $8,500.00 17,000.00$ $6,120.00 12,240.00$ $6,500.00 13,000.00$ $6,950.00 13,900.00$ 1-C44 CAMERA PTZ (PELCO SPECTRA ENHANCED SERIES) WITH PELCO PA402 MOUNT EA 1 $4,500.00 4,500.00$ $4,308.00 4,308.00$ $4,600.00 4,600.00$ $4,900.00 4,900.00$ 1-C45 ETHERNET CABLE CAT5E FOR PTZ LF 184 $3.30 607.20$ $15.78 2,903.52$ $6.00 1,104.00$ $7.00 1,288.00$ 1-C46 WAVETRONIX CLICK 656 CABINET INTERFACE DEVICE EA 1 $4,900.00 4,900.00$ $4,680.00 4,680.00$ $5,000.00 5,000.00$ $5,300.00 5,300.00$ 1-C47 DATA AGGREGATOR DA-400, POWER/COMM CABLE AND 5-BAND ANTENNA EA 1 $5,400.00 5,400.00$ $6,804.00 6,804.00$ $7,000.00 7,000.00$ $7,700.00 7,700.00$ 1-C48 MAST ARM DAMPING PLATE EA 1 $269.00 269.00$ $660.00 660.00$ $700.00 700.00$ $750.00 750.00$ 1-C49 CONTROLLER CABINET (TS-2) WITH EXTENSION EA 1 $13,800.00 13,800.00$ $15,564.00 15,564.00$ $13,000.00 13,000.00$ $14,320.00 14,320.00$ 1-C50 NEMA TYPE CONTROLLER FOUNDATION EA 1 $3,500.00 3,500.00$ $2,520.00 2,520.00$ $2,700.00 2,700.00$ $2,860.00 2,860.00$ 1-C51 CONTROLLER ECONOLITE COBALT EA 1 $3,900.00 3,900.00$ $4,230.00 4,230.00$ $4,600.00 4,600.00$ $4,800.00 4,800.00$ 1-C52 MMU2-16LEIP WITH ETHERNET PORT EA 1 $1,140.00 1,140.00$ $1,482.00 1,482.00$ $1,500.00 1,500.00$ $1,680.00 1,680.00$ 1-C53 CISCO ETHERNET 4000 SWITCH (IE-4000-8GT8GP4G- E) AND POWER SUPPLY (PWR-IE170W-PC-AC=)EA 1 $8,500.00 8,500.00$ $9,960.00 9,960.00$ $10,000.00 10,000.00$ $11,250.00 11,250.00$ 1-C54 MIMOSA-B5 BACKHAUL RADIO EA 1 $7,000.00 7,000.00$ $3,720.00 3,720.00$ $4,000.00 4,000.00$ $4,200.00 4,200.00$ 1-C55 TRAFFIC SIGNAL MODIFICATION (2 INTERSECTIONS)LS 1 $65,000.00 65,000.00$ $7,800.00 7,800.00$ $8,400.00 8,400.00$ $10,000.00 10,000.00$ 1-C56 ALLOWANCE FOR UNANTICIPATED TRAFFIC SIGNAL IMPROVEMENTS AL 1 $5,000.00 5,000.00$ $5,000.00 5,000.00$ $5,000.00 5,000.00$ $5,000.00 5,000.00$ Page 4 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Rd 6229 Leopard St 1901 Hollister Navasota, TX 77868 CC, TX 78409 Houston, TX 77080 7505 UpRiver Rd CC, TX 78409 401 Corn Products Rd CC, TX 78409 RFB 3303 Burnside Services, Inc.Clark Pipeline Services Reytec Constr ResourcesJE Construction Services Bay Ltd 394,712.35$ 365,099.38$ 378,317.10$ 408,740.00$ NO BID 1-D1 MOBILIZATION (MAX. 5% OF PART D)LS 1 $621.00 621.00$ $2,400.00 2,400.00$ $2,000.00 2,000.00$ $3,500.00 3,500.00$ 1-D2 CONCRETE BUS SHELTER PAD SF 900 $6.75 6,075.00$ $15.60 14,040.00$ $17.00 15,300.00$ $40.00 36,000.00$ 1-D3 CONCRETE BUS PAD (IN STREET)SY 200 $68.00 13,600.00$ $170.40 34,080.00$ $170.00 34,000.00$ $350.00 70,000.00$ 1-D4 ALLOWANCE FOR UNANTICIPATED RTA IMPROVEMENTS AL 1 $1,000.00 1,000.00$ $1,000.00 1,000.00$ $1,000.00 1,000.00$ $1,000.00 1,000.00$ 21,296.00$ 51,520.00$ 52,300.00$ 110,500.00$ NO BID 1-E1 MOBILIZATION (MAX. 5% OF PART E)LS 1 $5,015.00 5,015.00$ $2,815.20 2,815.20$ $12,000.00 12,000.00$ $5,500.00 5,500.00$ 1-E2 CONCRETE SIDEWALK SF 15,308 $6.25 95,675.00$ $9.00 137,772.00$ $8.00 122,464.00$ $12.00 183,696.00$ 1-E3 REMOVE AND REPLACE EXISTING 6" CONCRETE CURB & GUTTER LF 263 $35.00 9,205.00$ $28.80 7,574.40$ $54.00 14,202.00$ $75.00 19,725.00$ 1-E4 CONCRETE CURB RAMPS SF 4,167 $8.70 36,252.90$ $21.00 87,507.00$ $28.00 116,676.00$ $31.00 129,177.00$ 1-E5 SIDEWALK RETAINING CURB LF 50 $25.00 1,250.00$ $46.46 2,323.00$ $65.00 3,250.00$ $94.00 4,700.00$ 1-E6 SIDEWALK DRAIN LF 50 $100.00 5,000.00$ $168.00 8,400.00$ $200.00 10,000.00$ $1,150.00 57,500.00$ 1-E7 REFL. PAVEMENT MARKING TYPE 1 (W) (24") (SOLID) - CROSSWALK LF 959 $18.00 17,262.00$ $12.00 11,508.00$ $12.00 11,508.00$ $13.00 12,467.00$ 1-E8 ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS AL 1 $2,500.00 2,500.00$ $2,500.00 2,500.00$ $2,500.00 2,500.00$ $2,500.00 2,500.00$ 172,159.90$ 260,399.60$ 292,600.00$ 415,265.00$ NO BID 1-F1 MOBILIZATION (MAX. 5% OF PART F)LS 1 $21,326.00 21,326.00$ $25,000.00 25,000.00$ $40,000.00 40,000.00$ $40,218.00 40,218.00$ 1-F2 REMOVE EXISTING INLET OR MANHOLE EA 1 $800.00 800.00$ $3,000.00 3,000.00$ $2,000.00 2,000.00$ $5,300.00 5,300.00$ 1-F3 5' DIAMETER CONCRETE MANHOLE (TYPE-A) (CAST IN PLACE)EA 4 $4,500.00 18,000.00$ $9,036.00 36,144.00$ $8,000.00 32,000.00$ $14,775.00 59,100.00$ 1-F4 6' DIAMETER CONCRETE MANHOLE (TYPE-A) (CAST IN PLACE)EA 3 $6,000.00 18,000.00$ $12,002.40 36,007.20$ $9,000.00 27,000.00$ $14,850.00 44,550.00$ 1-F5 REMOVE EXISTING REINFORCED CONCRETE PIPE (15" - 36")LF 437 $25.00 10,925.00$ $56.00 24,472.00$ $39.00 17,043.00$ $69.00 30,153.00$ 1-F6 CONCRETE CURB & GUTTER LF 5,073 $18.00 91,314.00$ $25.35 128,600.55$ $23.00 116,679.00$ $33.00 167,409.00$ 1-F7 6' CONCRETE CURB INLET (CAST IN PLACE)EA 9 $7,800.00 70,200.00$ $5,160.00 46,440.00$ $9,000.00 81,000.00$ $10,910.00 98,190.00$ 1-F8 5' CONCRETE CURB INLET THROAT EXTENSION EA 28 $4,500.00 126,000.00$ $2,110.08 59,082.24$ $2,000.00 56,000.00$ $13,010.00 364,280.00$ 1-F9 REMOVE AND REPLACE EXISTING 5' CURB INLET TOP (CAST IN PLACE)EA 9 $4,000.00 36,000.00$ $4,920.00 44,280.00$ $3,000.00 27,000.00$ $6,250.00 56,250.00$ 1-F10 18" DIAMETER REINFORCED CONCRETE PIPE (CLASS III)LF 292 $79.00 23,068.00$ $143.84 42,001.28$ $166.00 48,472.00$ $200.00 58,400.00$ PART D - RTA IMPROVEMENTS SUBTOTAL PART D - RTA IMPROVEMENTS PART E - ADA IMPROVEMENTS SUBTOTAL PART E - ADA IMPROVEMENTS PART F - STORM WATER IMPROVEMENTS SUBTOTAL PART C - TRAFFIC SIGNALS IMPR Page 5 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Rd 6229 Leopard St 1901 Hollister Navasota, TX 77868 CC, TX 78409 Houston, TX 77080 7505 UpRiver Rd CC, TX 78409 401 Corn Products Rd CC, TX 78409 RFB 3303 Burnside Services, Inc.Clark Pipeline Services Reytec Constr ResourcesJE Construction Services Bay Ltd 1-F11 24" DIAMETER REINFORCED CONCRETE PIPE (CLASS III)LF 70 $86.00 6,020.00$ $173.95 12,176.50$ $190.00 13,300.00$ $200.00 14,000.00$ 1-F12 36" DIAMETER REINFORCED CONCRETE PIPE (CLASS III)LF 1,186 $133.00 157,738.00$ $203.99 241,932.14$ $220.00 260,920.00$ $210.00 249,060.00$ 1-F13 42" DIAMETER REINFORCED CONCRETE PIPE (CLASS III)LF 801 $162.00 129,762.00$ $240.90 192,960.90$ $250.00 200,250.00$ $270.00 216,270.00$ 1-F14 TRENCH SAFETY (STORM WATER INLETS OR MANHOLES)EA 13 $300.00 3,900.00$ $600.00 7,800.00$ $650.00 8,450.00$ $1,525.00 19,825.00$ 1-F15 TRENCH SAFETY (STORM WATER LINE)LF 2,349 $1.75 4,110.75$ $6.00 14,094.00$ $6.00 14,094.00$ $24.50 57,550.50$ 1-F16 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS AL 1 $15,000.00 15,000.00$ $15,000.00 15,000.00$ $15,000.00 15,000.00$ $15,000.00 15,000.00$ 732,163.75$ 928,990.81$ 959,208.00$ 1,495,555.50$ NO BID 1-G1 MOBILIZATION (MAX. 5% OF PART G)LS 1 $12,697.00 12,697.00$ $25,000.00 25,000.00$ $30,000.00 30,000.00$ $25,000.00 25,000.00$ 1-G2 8" PVC C900 WATERLINE LF 2,578 $44.00 113,432.00$ $84.25 217,196.50$ $93.00 239,754.00$ $93.50 241,043.00$ 1-G3 8" DI WATERLINE LF 170 $89.00 15,130.00$ $149.54 25,421.80$ $280.00 47,600.00$ $168.00 28,560.00$ 1-G4 10" PVC C900 WATERLINE LF 64 $55.00 3,520.00$ $164.18 10,507.52$ $175.00 11,200.00$ $152.00 9,728.00$ 1-G5 6" GATE VALVE & VALVE BOX, RESTRAINED EA 1 $1,575.00 1,575.00$ $1,002.00 1,002.00$ $1,500.00 1,500.00$ $1,395.00 1,395.00$ 1-G6 8" GATE VALVE & VALVE BOX, RESTRAINED EA 2 $1,920.00 3,840.00$ $1,393.20 2,786.40$ $1,900.00 3,800.00$ $1,555.00 3,110.00$ 1-G7 10" GATE VALVE & VALVE BOX, RESTRAINED EA 2 $2,500.00 5,000.00$ $2,034.00 4,068.00$ $3,200.00 6,400.00$ $2,320.00 4,640.00$ 1-G8 16" GATE VALVE & VALVE BOX, RESTRAINED EA 1 $5,500.00 5,500.00$ $9,000.00 9,000.00$ $10,000.00 10,000.00$ $13,440.00 13,440.00$ 1-G9 8" 45° DIMJ BEND EA 55 $165.00 9,075.00$ $333.60 18,348.00$ $350.00 19,250.00$ $335.00 18,425.00$ 1-G10 10" 45° DIMJ BEND EA 2 $305.00 610.00$ $405.60 811.20$ $400.00 800.00$ $600.00 1,200.00$ 1-G11 8" WATER VALVE EA 18 $1,920.00 34,560.00$ $1,510.80 27,194.40$ $1,900.00 34,200.00$ $1,555.00 27,990.00$ 1-G12 10" WATER VALVE EA 1 $2,520.00 2,520.00$ $2,700.00 2,700.00$ $3,200.00 3,200.00$ $2,300.00 2,300.00$ 1-G13 8" DIMJ ELBOW EA 2 $165.00 330.00$ $585.60 1,171.20$ $600.00 1,200.00$ $725.00 1,450.00$ 1-G14 8" X 8" DIMJ CROSS RESTRAINED EA 2 $1,400.00 2,800.00$ $482.28 964.56$ $500.00 1,000.00$ $600.00 1,200.00$ 1-G15 8" X 6" DIMJ TEE EA 18 $210.00 3,780.00$ $451.20 8,121.60$ $250.00 4,500.00$ $500.00 9,000.00$ 1-G16 8" X 6 " DIMJ REDUCER EA 3 $450.00 1,350.00$ $412.80 1,238.40$ $200.00 600.00$ $300.00 900.00$ 1-G17 8" X 8" DIMJ TEE EA 3 $264.00 792.00$ $468.00 1,404.00$ $500.00 1,500.00$ $750.00 2,250.00$ 1-G18 8" X 10" DIMJ TEE EA 1 $440.00 440.00$ $720.00 720.00$ $900.00 900.00$ $925.00 925.00$ 1-G19 6" PVC CONNECTION TO EXISTING LINE, RESTRAINED EA 2 $1,200.00 2,400.00$ $1,386.00 2,772.00$ $2,000.00 4,000.00$ $1,550.00 3,100.00$ 1-G20 8" PVC CONNECTION TO EXISTING LINE, RESTRAINED EA 6 $1,800.00 10,800.00$ $1,422.00 8,532.00$ $2,000.00 12,000.00$ $1,550.00 9,300.00$ 1-G21 10" PVC CONNECTION TO EXISTING LINE, RESTRAINED EA 1 $2,200.00 2,200.00$ $2,346.00 2,346.00$ $2,000.00 2,000.00$ $1,600.00 1,600.00$ SUBTOTAL PART F - STORM WATER IMPR PART G - WATER IMPROVEMENTS Page 6 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Rd 6229 Leopard St 1901 Hollister Navasota, TX 77868 CC, TX 78409 Houston, TX 77080 7505 UpRiver Rd CC, TX 78409 401 Corn Products Rd CC, TX 78409 RFB 3303 Burnside Services, Inc.Clark Pipeline Services Reytec Constr ResourcesJE Construction Services Bay Ltd 1-G22 8" X 8" TAPPING SLEEVE AND VALVE EA 1 $3,542.00 3,542.00$ $4,980.00 4,980.00$ $16,000.00 16,000.00$ $13,900.00 13,900.00$ 1-G23 16" X 8" TAPPING SLEEVE AND VALVE EA 1 $4,800.00 4,800.00$ $8,000.00 8,000.00$ $17,000.00 17,000.00$ $15,000.00 15,000.00$ 1-G24 6" PLUG EA 3 $500.00 1,500.00$ $270.00 810.00$ $200.00 600.00$ $500.00 1,500.00$ 1-G25 8" PLUG EA 5 $650.00 3,250.00$ $300.00 1,500.00$ $200.00 1,000.00$ $600.00 3,000.00$ 1-G26 10" PLUG EA 1 $800.00 800.00$ $594.00 594.00$ $300.00 300.00$ $850.00 850.00$ 1-G27 NEW FIRE HYDRANT ASSEMBLY (TYPE 1)EA 18 $5,100.00 91,800.00$ $4,405.20 79,293.60$ $6,000.00 108,000.00$ $5,900.00 106,200.00$ 1-G28 REPLACE EXISTING WATER SERVICE WITH NEW WATER SERVICE LINE W/CONNECTION EA 9 $2,800.00 25,200.00$ $2,750.40 24,753.60$ $2,500.00 22,500.00$ $1,300.00 11,700.00$ 1-G29 1" WATER SERVICE CONNECTION (INCLUDING METER ASSEMBLY AND METER BOX)EA 9 $2,800.00 25,200.00$ $2,084.40 18,759.60$ $1,200.00 10,800.00$ $1,500.00 13,500.00$ 1-G30 CONNECTION TO EXISTING WATER LINE EA 12 $2,800.00 33,600.00$ $1,431.60 17,179.20$ $1,000.00 12,000.00$ $1,450.00 17,400.00$ 1-G31 TRENCH SAFETY FOR WATER LINES LF 2,578 $1.50 3,867.00$ $2.40 6,187.20$ $3.00 7,734.00$ $4.50 11,601.00$ 1-G32 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS AL 1 $10,000.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 10,000.00$ 435,910.00$ 543,362.78$ 641,338.00$ 611,207.00$ NO BID 1-H1 MOBILIZATION (MAX. 5% OF PART H)LS 1 $13,038.00 13,038.00$ $22,000.00 22,000.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ 1-H2 4' DIAMETER WASTEWATER MANHOLE (6' DEPTH OR LESS) (FIBERGLASS)EA 9 $8,000.00 72,000.00$ $6,884.40 61,959.60$ $9,000.00 81,000.00$ $14,900.00 134,100.00$ 1-H3 EXTRA DEPTH FOR 4' DIAMETER WASTEWATER MANHOLE (OVER 6' DEPTH) (FIBERGLASS)VF 35 $250.00 8,750.00$ $768.00 26,880.00$ $1,300.00 45,500.00$ $1,000.00 35,000.00$ 1-H4 EXTRA DEPTH FOR 5' DIAMETER WASTEWATER MANHOLE (OVER 6' DEPTH) (FIBERGLASS)VF 5 $275.00 1,375.00$ $908.40 4,542.00$ $1,500.00 7,500.00$ $1,200.00 6,000.00$ 1-H5 5' DIAMETER WASTEWATER MANHOLE (6' DEPTH OR LESS) (FIBERGLASS)EA 1 $12,500.00 12,500.00$ $13,990.80 13,990.80$ $10,000.00 10,000.00$ $19,000.00 19,000.00$ 1-H6 ADJUST EXISTING WASTEWATER MANHOLE RIM TO GRADE EA 1 $800.00 800.00$ $2,022.00 2,022.00$ $2,500.00 2,500.00$ $4,700.00 4,700.00$ 1-H7 8" SDR 26 PVC WASTEWATER MAIN (0' - 6' DEPTH)LF 9 $44.00 396.00$ $74.58 671.22$ $150.00 1,350.00$ $150.00 1,350.00$ 1-H8 8" SDR 26 PVC WASTEWATER MAIN (6' - 8' DEPTH)LF 288 $46.00 13,248.00$ $90.18 25,971.84$ $160.00 46,080.00$ $155.00 44,640.00$ 1-H9 8" SDR 26 PVC WASTEWATER MAIN (8' - 10' DEPTH)LF 324 $48.00 15,552.00$ $116.75 37,827.00$ $185.00 59,940.00$ $158.00 51,192.00$ 1-H10 8" SDR 26 PVC WASTEWATER MAIN (10' - 12' DEPTH)LF 75 $50.00 3,750.00$ $156.18 11,713.50$ $220.00 16,500.00$ $160.00 12,000.00$ 1-H11 10" SDR 26 PVC WASTEWATER MAIN (8' - 10' DEPTH)LF 503 $65.00 32,695.00$ $132.21 66,501.63$ $200.00 100,600.00$ $160.00 80,480.00$ PART H - WASTEWTR IMPROVEMENTS SUBTOTAL PART G - WATER IMPROVEMENTS Page 7 of 8 PROJ. NO. 18027A ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT LEOPARD STREET - NUECES BAY BLVD TO PALM DR 1110 Navasota Ridge Rd 6229 Leopard St 1901 Hollister Navasota, TX 77868 CC, TX 78409 Houston, TX 77080 7505 UpRiver Rd CC, TX 78409 401 Corn Products Rd CC, TX 78409 RFB 3303 Burnside Services, Inc.Clark Pipeline Services Reytec Constr ResourcesJE Construction Services Bay Ltd 1-H12 10" SDR 26 PVC WASTEWATER MAIN (10' - 12' DEPTH)LF 655 $70.00 45,850.00$ $165.64 108,494.20$ $210.00 137,550.00$ $162.00 106,110.00$ 1-H13 GROUT FILL (8" - 10") VCP WASTEWATER LINE LF 1468 $68.00 99,824.00$ $15.60 22,900.80$ $15.00 22,020.00$ $35.00 51,380.00$ 1-H14 SHORT WASTEWATER SERVICE LINE (INCLUDES NEW SERVICE LINE, CLEANOUT, AND CONNECTION)EA 6 $12,000.00 72,000.00$ $2,425.20 14,551.20$ $7,000.00 42,000.00$ $5,150.00 30,900.00$ 1-H15 LONG WASTEWATER SERVICE LINE (INCLUDES NEW SERVICE LINE, CLEANOUT, AND CONNECTION)EA 3 $15,000.00 45,000.00$ $4,305.60 12,916.80$ $12,000.00 36,000.00$ $7,250.00 21,750.00$ 1-H16 DROP CONNECTION AT MANHOLE EA 1 $4,820.00 4,820.00$ $2,661.60 2,661.60$ $2,300.00 2,300.00$ $4,900.00 4,900.00$ 1-H17 TRENCH SAFETY (WASTEWATER MANHOLES)EA 9 $250.00 2,250.00$ $960.00 8,640.00$ $650.00 5,850.00$ $700.00 6,300.00$ 1-H18 TRENCH SAFETY FOR WASTEWATER MAIN LF 1,854 $1.50 2,781.00$ $9.60 17,798.40$ $7.00 12,978.00$ $8.00 14,832.00$ 1-H19 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS AL 1 $10,000.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 10,000.00$ 456,629.00$ 472,042.59$ 669,668.00$ 664,634.00$ NO BID -$ 1-I1 MOBILIZATION (MAX. 5% OF PART I)LS 1 $2,741.00 2,741.00$ $4,500.00 4,500.00$ $1,000.00 1,000.00$ $3,000.00 3,000.00$ 1-I2 EXCAVATION, BACKFILL, AND COMPACTION OF GAS LINES LF 5,423 $15.00 81,345.00$ $16.80 91,106.40$ $5.00 27,115.00$ $12.00 65,076.00$ 1-I3 ADJUST EXISTING GAS VALVE BOX TO FINISHED GRADE EA 2 $4,500.00 9,000.00$ $888.00 1,776.00$ $700.00 1,400.00$ $800.00 1,600.00$ 1-I4 ALLOWANCE FOR UNANTICIPATED GAS IMPROVEMENTS AL 1 $1,000.00 1,000.00$ $1,000.00 1,000.00$ $1,000.00 1,000.00$ $1,000.00 1,000.00$ 94,086.00$ 98,382.40$ 30,515.00$ 70,676.00$ NO BID 1-J1 MOBILIZATION (MAX. 5% OF PART J)LS 1 $1,264.00 1,264.00$ $3,000.00 3,000.00$ $3,000.00 3,000.00$ $3,500.00 3,500.00$ 1-J2 2" PVC SCHEDULE 40 I.T. CONDUIT WITH PULL STRING AND MULE TAPE LF 2,486 $13.00 32,318.00$ $12.00 29,832.00$ $13.00 32,318.00$ $13.00 32,318.00$ 1-J3 24"X36"X18" I.T. PULL BOX (INSTALLATION ONLY)EA 14 $650.00 9,100.00$ $2,244.00 31,416.00$ $2,500.00 35,000.00$ $2,500.00 35,000.00$ 1-J4 ALLOWANCE FOR UNANTICIPATED I.T. IMPROVEMENTS AL 1 $1,000.00 1,000.00$ $1,000.00 1,000.00$ $1,000.00 1,000.00$ $1,000.00 1,000.00$ 43,682.00$ 65,248.00$ 71,318.00$ 71,818.00$ 4,606,359.05$ 5,262,457.37$ 5,533,812.90$ 6,299,999.00$ NO BIDTOTAL BASE BID 1 HMAC - (PARTS A THRU J) SUBTOTAL PART H - WASTEWTR IMPR PART I - GAS IMPROVEMENTS SUBTOTAL PART I - GAS IMPROVEMENTS PART J - I.T. IMPROVEMENTS SUBTOTAL PART J - I.T. IMPROVEMENTS Page 8 of 8 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT LEOPARD STREET NUECES BAY BOULEVARD TO PALM DRIVE PROJ. NO. 18027A CONTRACT NO. 3303 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 20- 0105 Leopard St Nueces Bay to Palm Agreement 00 52 23 - 1 Leopard St. – Nueces Bay Blvd. to Palm Dr. (Bond 2018) (Project No. 18027A) Rev 7/2020 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and CPC Interests LLC DBA Clark Pipeline Services LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Leopard St. – Nueces Bay Blvd. to Palm Dr. (Bond 2018) 18027A ARTICLE 2 – DESIGNER AND OWNER’S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR Engineering, Inc. 555 N Carancahua St, Suite 1600 Corpus Christi, TX 78401 Samuel.saldivar@hdrinc.com 2.02 The Owner’s Authorized Representative for this Project is: Brett Van Hazel, PMP – Asst. Director of Construction City of Corpus Christi – Engineering Services 4917 Holly Road, Bldg. #5 Corpus Christi, TX 78411 ARTICLE 3 – CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 395 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 425 days after the date when the Contract Times commence to run. DocuSign Envelope ID: A1E73A24-856A-4E55-B0A5-C094162C2F67 Agreement 00 52 23 - 2 Leopard St. – Nueces Bay Blvd. to Palm Dr. (Bond 2018) (Project No. 18027A) Rev 7/2020 B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,500.00 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 $800.00 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 Price Base Bid 1 (HMAC) $ 5,262,457.37 DocuSign Envelope ID: A1E73A24-856A-4E55-B0A5-C094162C2F67 Agreement 00 52 23 - 3 Leopard St. – Nueces Bay Blvd. to Palm Dr. (Bond 2018) (Project No. 18027A) Rev 7/2020 ARTICLE 5 – PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner’s option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner’s option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR’s estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 – INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. DocuSign Envelope ID: A1E73A24-856A-4E55-B0A5-C094162C2F67 Agreement 00 52 23 - 4 Leopard St. – Nueces Bay Blvd. to Palm Dr. (Bond 2018) (Project No. 18027A) Rev 7/2020 ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor’s safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract DocuSign Envelope ID: A1E73A24-856A-4E55-B0A5-C094162C2F67 Agreement 00 52 23 - 5 Leopard St. – Nueces Bay Blvd. to Palm Dr. (Bond 2018) (Project No. 18027A) Rev 7/2020 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER’S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 – ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor’s fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor’s Bid Form. 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: A1E73A24-856A-4E55-B0A5-C094162C2F67 Agreement 00 52 23 - 6 Leopard St. – Nueces Bay Blvd. to Palm Dr. (Bond 2018) (Project No. 18027A) 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 CPC Interests LLC DBA Clark Pipeline Services LLC (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: 6229 Leopard Street Address Corpus Christi, TX 78409 City State Zip 361/929-5822 Phone Fax npatel@clarkpipeline.com EMail END OF SECTION DocuSign Envelope ID: A1E73A24-856A-4E55-B0A5-C094162C2F67 President 12/11/2020 PROJECT: LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018) BIDDER: Clark Pipeline Services, LLC TOTAL BID: COMPLETION TIME: Not Required BIDDER INFO: 6229 Leopard Street Corpus Christi,TX 78409 P: 3618166007 F: CIVCAST LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018)Report Created On: 11/18/20 8:12:34 PM 1-A2 BONDS AND INSURANCE (AS REQUIRED)AL 1 $52,000.00 $52,000.00 1-A3 CLEAR RIGHT-OF-WAY AC 0.81 $9,000.00 $7,290.00 1-A4 OZONE ACTION DAY EA 5 $420.00 $2,100.00 1-A5 LOW PROFILE CONCRETE BARRIERS EA 62 $750.00 $46,500.00 1-A6 TCP PLAN AND PREP LS 1 $18,600.00 $18,600.00 1-A7 TCP MOBILIZATION/ADJUSTMENTS LS 1 $32,400.00 $32,400.00 1-A8 TCP ITEMS (BARRELS, CONES, ETC.)MONTH 14 $3,733.20 $52,264.80 1-A9 TCP - ELECTRIC MESSAGE BOARDS DAY 20 $810.00 $16,200.00 1-A10 TCP - CROSSING GUARDS DAY 175 $210.00 $36,750.00 1-A11 TCP - PAVEMENT REPAIRS LS 1 $30,000.00 $30,000.00 1-A12 TCP - ADJUSTING TRAFFIC SIGNAL HEADS AL 1 $10,000.00 $10,000.00 1-A13 STORM WATER POLLUTION PREVENTION PLAN LS 1 $20,880.00 $20,880.00 1-A14 SILT FENCE FOR STORM WATER POLLUTION LF 1794 $4.80 $8,611.20 1-A15 BLOCK SODDING SY 153 $11.70 $1,790.10 Subtotal: $350,386.10 PART B - STREET IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price 1-B1 MOBILIZATION (MAX. 5% OF PART B)LS 1 $45,000.00 $45,000.00 1-B2 STREET EXCAVATION SY 19941 $12.00 $239,292.00 1-B3 TYPE D HOT-MIX ASPHALTIC CONCRETE PAVEMENT (2.5") (INCLUDES TACK COAT) SY 18064 $21.00 $379,344.00 1-B4 TYPE B HOT-MIX ASPHALTIC CONCRETE PAVEMENT (5") SY 18064 $31.50 $569,016.00 1-B5 PRIME COAT (MC-30)GAL 2710 $7.68 $20,812.80 1-B6 7" CRUSHED LIMESTONE BASE (TY A, GR. 1-2) SY 19941 $25.20 $502,513.20 1-B7 TENSAR TX5 GEOGRID OR EQUAL SY 19941 $5.40 $107,681.40 1-B8 12" COMPACTED SUBGRADE SY 19941 $5.08 $101,300.28 CIVCAST LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018)Report Created On: 11/18/20 8:12:34 PM 1-B9 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT MARKING TYPE 1 (W) (WORD) EA 4 $300.00 $1,200.00 1-B10 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT MARKING TYPE 1 (W) (ARROW) EA 15 $222.00 $3,330.00 1-B11 REFL. PAVEMENT MARKING TYPE 1 (W) (4") (DOT)(090 MIL) LF 33 $0.90 $29.70 1-B12 REFL. PAVEMENT MARKING TYPE 1 (W) (8") (SLD)(090 MIL) LF 550 $1.80 $990.00 1-B13 REFL. PAVEMENT MARKING TYPE 1 (W) (12") (SOLID)(090 MIL) LF 147 $7.20 $1,058.40 1-B14 REFL. PAVEMENT MARKING TYPE 1 (W) (4") (BRK)(090 MIL) LF 1090 $0.90 $981.00 1-B15 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC REFL. PAVEMENT MARKING TYPE 1 (W) (24") (SLD) (090 MIL) LF 1379 $12.00 $16,548.00 1-B16 REFL. PAVEMENT MARKINGS TY I (Y) 4" (BRK)(090 MIL) LF 660 $0.90 $594.00 1-B17 REFL. PAVEMENT MARKING TYPE I (Y) (4") (SLD)(090 MIL) LF 4829 $0.90 $4,346.10 1-B18 TY I-C RAISED PAVEMENT MARKER (REFLECTORIZED) EA 62 $6.00 $372.00 1-B19 TY-II-A-A RAISED PAVEMENT MARKER (REFLECTORIZED) EA 255 $6.00 $1,530.00 1-B20 REMOVE EXISTING STREET SIGNS AND ASSEMBLIES EA 29 $102.00 $2,958.00 1-B21 IN SM RD SN SUP & AM TY 10BWG (1)SA(P) EA 25 $990.00 $24,750.00 1-B22 IN SM RD SN SUP & AM TY 10BWG (1)SA(P-BM) EA 9 $1,170.00 $10,530.00 1-B23 CONCRETE MEDIAN CAP SF 5053 $9.60 $48,508.80 1-B24 CONCRETE DRIVEWAY SY 1259 $14.17 $17,840.03 1-B25 UNANTICIPATED CONCRETE DRIVEWAY REMOVAL SF 100 $15.00 $1,500.00 1-B26 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS AL 1 $25,000.00 $25,000.00 Subtotal: $2,127,025.71 CIVCAST LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018)Report Created On: 11/18/20 8:12:34 PM PART C - TRAFFIC SIGNAL IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price 1-C1 MOBILIZATION (MAX. 5% OF PART C)LS 1 $5,000.00 $5,000.00 1-C2 DRILL SHAFT (TRF SIG POLE) (24 IN)LF 24 $150.00 $3,600.00 1-C3 DRILL SHAFT (TRF SIG POLE) (36 IN)LF 47 $372.00 $17,484.00 1-C4 DRILL SHAFT (TRF SIG POLE) (48 IN)LF 23 $600.00 $13,800.00 1-C5 CONDT (PVC) (SCHD 40) (2") LF 425 $19.20 $8,160.00 1-C6 CONDT (PVC) (SCHD 40) (4") LF 441 $24.00 $10,584.00 1-C7 CONDT (PVC) (SCHD 40) (2") (BORE)LF 263 $24.00 $6,312.00 1-C8 CONDT (PVC) (SCHD 40) (4") (BORE)LF 525 $38.40 $20,160.00 1-C9 2 CONDR (NO. 12) WITH GROUND (LUMINAIRE WIRE) LF 704 $2.16 $1,520.64 1-C10 ELEC CONDR (NO. 6) BARE LF 37 $6.00 $222.00 1-C11 ELEC CONDR (NO. 6) INSULATED LF 74 $6.00 $444.00 1-C12 ELEC CONDR (NO. 8) BARE LF 1512 $2.04 $3,084.48 1-C13 TRAY CABLE (3 CONDR) (12 AWG)LF 1317 $2.16 $2,844.72 1-C14 TRAY CABLE (3 CONDR) (14 AWG)LF 875 $2.28 $1,995.00 1-C15 GROUND BOX TY D WITH APRON EA 10 $1,320.00 $13,200.00 1-C16 INSTALL HWY TRF SIG (ISOLATED)EA 1 $3,840.00 $3,840.00 1-C17 ELC SRV TY D 120/240 060 (NS)SS(E)PS(U) EA 1 $6,960.00 $6,960.00 1-C18 ILSN (LED) 8S (DURALIGHT) (FIXED MOUNT) EA 4 $3,540.00 $14,160.00 1-C19 REMOVING TRAFFIC SIGNALS EA 1 $3,000.00 $3,000.00 1-C20 LOUVERED VACUUM FORMED ABS BACK PLATE (12")(3 SEC) EA 8 $102.00 $816.00 1-C21 LOUVERED VACUUM FORMED ABS BACK PLATE (12")(4 SEC) EA 3 $132.00 $396.00 1-C22 DURALIGHT COUNTDOWN PEDESTRIAN SIGNAL MODULE (16 INCH) EA 8 $570.00 $4,560.00 1-C23 TRF SIG CBL (TY A) (12 AWG) (4 CONDR) LF 294 $2.04 $599.76 1-C24 TRF SIG CBL (TY A) (14 AWG) (5 CONDR) LF 327 $2.28 $745.56 CIVCAST LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018)Report Created On: 11/18/20 8:12:34 PM 1-C25 TRF SIG CBL (TY A) (14 AWG) (7 CONDR) LF 237 $2.34 $554.58 1-C26 TRF SIG CBL (TY A) (14 AWG) (16 CONDR)LF 698 $5.04 $3,517.92 1-C27 INS TRF SIG PL AM(S)1 ARM (24') LUM & ILSN EA 1 $9,720.00 $9,720.00 1-C28 INS TRF SIG PL AM(S)1 ARM (32') LUM & ILSN EA 1 $10,620.00 $10,620.00 1-C29 INS TRF SIG PL AM(S)1 ARM (44') LUM & ILSN EA 1 $13,536.00 $13,536.00 1-C30 INS TRF SIG PL AM(S)1 ARM (60') LUM & ILSN EA 1 $23,616.00 $23,616.00 1-C31 PED POLE ASSEMBLY EA 4 $1,170.00 $4,680.00 1-C32 POLARA PUSH BUTTON (APS) W/R10-3E SIGN EA 8 $852.00 $6,816.00 1-C33 PED DETECTOR CONTROLLER UNIT EA 1 $4,560.00 $4,560.00 1-C34 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (GRN) EA 8 $294.00 $2,352.00 1-C35 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (GRN ARW) EA 3 $294.00 $882.00 1-C36 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (YEL) EA 8 $294.00 $2,352.00 1-C37 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (YEL ARW) EA 6 $294.00 $1,764.00 1-C38 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (RED) EA 8 $294.00 $2,352.00 1-C39 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12") LED (RED ARW) EA 3 $294.00 $882.00 1-C40 ALPHA FXM 2000 UNINTERRUPTIBLE POWER SUPPLY WITH CABINET EA 1 $19,440.00 $19,440.00 1-C41 RADAR PRESENCE DETECTOR (WAVETRONIX) EA 4 $7,320.00 $29,280.00 1-C42 RADAR PRESENCE DETECTOR COMM & POWER CABLE (SMARTSENSOR 6/C) LF 782 $3.60 $2,815.20 1-C43 SCHOOL ZONE FLASHER ASSEMBLY (REMOVE AND REPLACE) EA 2 $6,120.00 $12,240.00 1-C44 CAMERA PTZ (PELCO SPECTRA ENHANCED SERIES) WITH PELCO PA402 MOUNT EA 1 $4,308.00 $4,308.00 CIVCAST LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018)Report Created On: 11/18/20 8:12:34 PM 1-C45 ETHERNET CABLE CAT5E FOR PTZ LF 184 $15.78 $2,903.52 1-C46 WAVETRONIX CLICK 656 CABINET INTERFACE DEVICE EA 1 $4,680.00 $4,680.00 1-C47 DATA AGGREGATOR DA-400, POWER/COMM CABLE AND 5-BAND ANTENNA EA 1 $6,804.00 $6,804.00 1-C48 MAST ARM DAMPING PLATE EA 1 $660.00 $660.00 1-C49 CONTROLLER CABINET (TS-2) WITH EXTENSION EA 1 $15,564.00 $15,564.00 1-C50 NEMA TYPE CONTROLLER FOUNDATION EA 1 $2,520.00 $2,520.00 1-C51 CONTROLLER ECONOLITE COBALT EA 1 $4,230.00 $4,230.00 1-C52 MMU2-16LEIP WITH ETHERNET PORT EA 1 $1,482.00 $1,482.00 1-C53 CISCO ETHERNET 4000 SWITCH (IE-4000- 8GT8GP4G-E) AND POWER SUPPLY (PWR-IE170W-PC-AC=) EA 1 $9,960.00 $9,960.00 1-C54 MIMOSA-B5 BACKHAUL RADIO EA 1 $3,720.00 $3,720.00 1-C55 TRAFFIC SIGNAL MODIFICATION (2 INTERSECTIONS) LS 1 $7,800.00 $7,800.00 1-C56 ALLOWANCE FOR UNANTICIPATED TRAFFIC SIGNAL IMPROVEMENTS AL 1 $5,000.00 $5,000.00 Subtotal: $365,099.38 PART D - RTA IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price 1-D1 MOBILIZATION (MAX. 5% OF PART D)LS 1 $2,400.00 $2,400.00 1-D2 CONCRETE BUS SHELTER PAD SF 900 $15.60 $14,040.00 1-D3 CONCRETE BUS PAD (IN STREET)SY 200 $170.40 $34,080.00 1-D4 ALLOWANCE FOR UNANTICIPATED RTA IMPROVEMENTS AL 1 $1,000.00 $1,000.00 Subtotal: $51,520.00 PART E - ADA IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price 1-E1 MOBILIZATION (MAX. 5% OF PART E)LS 1 $2,815.20 $2,815.20 1-E2 CONCRETE SIDEWALK SF 15308 $9.00 $137,772.00 CIVCAST LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018)Report Created On: 11/18/20 8:12:34 PM 1-E3 REMOVE AND REPLACE EXISTING 6" CONCRETE CURB & GUTTER LF 263 $28.80 $7,574.40 1-E4 CONCRETE CURB RAMPS SF 4167 $21.00 $87,507.00 1-E5 SIDEWALK RETAINING CURB LF 50 $46.46 $2,323.00 1-E6 SIDEWALK DRAIN LF 50 $168.00 $8,400.00 1-E7 REFL. PAVEMENT MARKING TYPE 1 (W) (24") (SOLID) - CROSSWALK LF 959 $12.00 $11,508.00 1-E8 ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS AL 1 $2,500.00 $2,500.00 Subtotal: $260,399.60 PART F - STORM WATER IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price 1-F1 MOBILIZATION (MAX. 5% OF PART F)LS 1 $25,000.00 $25,000.00 1-F2 REMOVE EXISTING INLET OR MANHOLE EA 1 $3,000.00 $3,000.00 1-F3 5' DIAMETER CONCRETE MANHOLE (TYPE-A) (CAST IN PLACE) EA 4 $9,036.00 $36,144.00 1-F4 6' DIAMETER CONCRETE MANHOLE (TYPE-A) (CAST IN PLACE) EA 3 $12,002.40 $36,007.20 1-F5 REMOVE EXISTING REINFORCED CONCRETE PIPE (15" - 36") LF 437 $56.00 $24,472.00 1-F6 CONCRETE CURB & GUTTER LF 5073 $25.35 $128,600.55 1-F7 6' CONCRETE CURB INLET (CAST IN PLACE) EA 9 $5,160.00 $46,440.00 1-F8 5' CONCRETE CURB INLET THROAT EXTENSION EA 28 $2,110.08 $59,082.24 1-F9 REMOVE AND REPLACE EXISTING 5' CURB INLET TOP (CAST IN PLACE) EA 9 $4,920.00 $44,280.00 1-F10 18" DIAMETER REINFORCED CONCRETE PIPE (CLASS III) LF 292 $143.84 $42,001.28 1-F11 24" DIAMETER REINFORCED CONCRETE PIPE (CLASS III) LF 70 $173.95 $12,176.50 1-F12 36" DIAMETER REINFORCED CONCRETE PIPE (CLASS III) LF 1186 $203.99 $241,932.14 1-F13 42" DIAMETER REINFORCED CONCRETE PIPE (CLASS III) LF 801 $240.90 $192,960.90 CIVCAST LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018)Report Created On: 11/18/20 8:12:34 PM 1-F14 TRENCH SAFETY (STORM WATER INLETS OR MANHOLES) EA 13 $600.00 $7,800.00 1-F15 TRENCH SAFETY (STORM WATER LINE)LF 2349 $6.00 $14,094.00 1-F16 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS AL 1 $15,000.00 $15,000.00 Subtotal: $928,990.81 PART G - WATER IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price 1-G1 MOBILIZATION (MAX. 5% OF PART G)LS 1 $25,000.00 $25,000.00 1-G2 8" PVC C900 WATERLINE LF 2578 $84.25 $217,196.50 1-G3 8" DI WATERLINE LF 170 $149.54 $25,421.80 1-G4 10" PVC C900 WATERLINE LF 64 $164.18 $10,507.52 1-G5 6" GATE VALVE & VALVE BOX, RESTRAINED EA 1 $1,002.00 $1,002.00 1-G6 8" GATE VALVE & VALVE BOX, RESTRAINED EA 2 $1,393.20 $2,786.40 1-G7 10" GATE VALVE & VALVE BOX, RESTRAINED EA 2 $2,034.00 $4,068.00 1-G8 16" GATE VALVE & VALVE BOX, RESTRAINED EA 1 $9,000.00 $9,000.00 1-G9 8" 45° DIMJ BEND EA 55 $333.60 $18,348.00 1-G10 10" 45° DIMJ BEND EA 2 $405.60 $811.20 1-G11 8" WATER VALVE EA 18 $1,510.80 $27,194.40 1-G12 10" WATER VALVE EA 1 $2,700.00 $2,700.00 1-G13 8" DIMJ ELBOW EA 2 $585.60 $1,171.20 1-G14 8" X 8" DIMJ CROSS RESTRAINED EA 2 $482.28 $964.56 1-G15 8" X 6" DIMJ TEE EA 18 $451.20 $8,121.60 1-G16 8" X 6 " DIMJ REDUCER EA 3 $412.80 $1,238.40 1-G17 8" X 8" DIMJ TEE EA 3 $468.00 $1,404.00 1-G18 8" X 10" DIMJ TEE EA 1 $720.00 $720.00 1-G19 6" PVC CONNECTION TO EXISTING LINE, RESTRAINED EA 2 $1,386.00 $2,772.00 CIVCAST LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018)Report Created On: 11/18/20 8:12:34 PM 1-G20 8" PVC CONNECTION TO EXISTING LINE, RESTRAINED EA 6 $1,422.00 $8,532.00 1-G21 10" PVC CONNECTION TO EXISTING LINE, RESTRAINED EA 1 $2,346.00 $2,346.00 1-G22 8" X 8" TAPPING SLEEVE AND VALVE EA 1 $4,980.00 $4,980.00 1-G23 16" X 8" TAPPING SLEEVE AND VALVE EA 1 $8,000.00 $8,000.00 1-G24 6" PLUG EA 3 $270.00 $810.00 1-G25 8" PLUG EA 5 $300.00 $1,500.00 1-G26 10" PLUG EA 1 $594.00 $594.00 1-G27 NEW FIRE HYDRANT ASSEMBLY (TYPE 1)EA 18 $4,405.20 $79,293.60 1-G28 REPLACE EXISTING WATER SERVICE WITH NEW WATER SERVICE LINE W/CONNECTION EA 9 $2,750.40 $24,753.60 1-G29 1" WATER SERVICE CONNECTION (INCLUDING METER ASSEMBLY AND METER BOX) EA 9 $2,084.40 $18,759.60 1-G30 CONNECTION TO EXISTING WATER LINE EA 12 $1,431.60 $17,179.20 1-G31 TRENCH SAFETY FOR WATER LINES LF 2578 $2.40 $6,187.20 1-G32 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS AL 1 $10,000.00 $10,000.00 Subtotal: $543,362.78 PART H - WASTEWATER IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price 1-H1 MOBILIZATION (MAX. 5% OF PART H)LS 1 $22,000.00 $22,000.00 1-H2 4' DIAMETER WASTEWATER MANHOLE (6' DEPTH OR LESS) (FIBERGLASS) EA 9 $6,884.40 $61,959.60 1-H3 EXTRA DEPTH FOR 4' DIAMETER WASTEWATER MANHOLE (OVER 6' DEPTH) (FIBERGLASS) VF 35 $768.00 $26,880.00 1-H4 EXTRA DEPTH FOR 5' DIAMETER WASTEWATER MANHOLE (OVER 6' DEPTH) (FIBERGLASS) VF 5 $908.40 $4,542.00 1-H5 5' DIAMETER WASTEWATER MANHOLE (6' DEPTH OR LESS) (FIBERGLASS) EA 1 $13,990.80 $13,990.80 1-H6 ADJUST EXISTING WASTEWATER MANHOLE RIM TO GRADE EA 1 $2,022.00 $2,022.00 CIVCAST LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018)Report Created On: 11/18/20 8:12:34 PM 1-H7 8" SDR 26 PVC WASTEWATER MAIN (0' - 6' DEPTH) LF 9 $74.58 $671.22 1-H8 8" SDR 26 PVC WASTEWATER MAIN (6' - 8' DEPTH) LF 288 $90.18 $25,971.84 1-H9 8" SDR 26 PVC WASTEWATER MAIN (8' - 10' DEPTH) LF 324 $116.75 $37,827.00 1-H10 8" SDR 26 PVC WASTEWATER MAIN (10' - 12' DEPTH) LF 75 $156.18 $11,713.50 1-H11 10" SDR 26 PVC WASTEWATER MAIN (8' - 10' DEPTH) LF 503 $132.21 $66,501.63 1-H12 10" SDR 26 PVC WASTEWATER MAIN (10' - 12' DEPTH) LF 655 $165.64 $108,494.20 1-H13 GROUT FILL (8" - 10") VCP WASTEWATER LINE LF 1468 $15.60 $22,900.80 1-H14 SHORT WASTEWATER SERVICE LINE (INCLUDES NEW SERVICE LINE, CLEANOUT, AND CONNECTION) EA 6 $2,425.20 $14,551.20 1-H15 LONG WASTEWATER SERVICE LINE (INCLUDES NEW SERVICE LINE, CLEANOUT, AND CONNECTION) EA 3 $4,305.60 $12,916.80 1-H16 DROP CONNECTION AT MANHOLE EA 1 $2,661.60 $2,661.60 1-H17 TRENCH SAFETY (WASTEWATER MANHOLES) EA 9 $960.00 $8,640.00 1-H18 TRENCH SAFETY FOR WASTEWATER MAIN LF 1854 $9.60 $17,798.40 1-H19 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS AL 1 $10,000.00 $10,000.00 Subtotal: $472,042.59 PART I - GAS IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price 1-I1 MOBILIZATION (MAX. 5% OF PART I)LS 1 $4,500.00 $4,500.00 1-I2 EXCAVATION, BACKFILL, AND COMPACTION OF GAS LINES LF 5423 $16.80 $91,106.40 1-I3 ADJUST EXISTING GAS VALVE BOX TO FINISHED GRADE EA 2 $888.00 $1,776.00 1-I4 ALLOWANCE FOR UNANTICIPATED GAS IMPROVEMENTS AL 1 $1,000.00 $1,000.00 CIVCAST LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018)Report Created On: 11/18/20 8:12:34 PM Subtotal: $98,382.40 PART J - I.T. IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price 1-J1 MOBILIZATION (MAX. 5% OF PART J)LS 1 $3,000.00 $3,000.00 1-J2 2" PVC SCHEDULE 40 I.T. CONDUIT WITH PULL STRING AND MULE TAPE LF 2486 $12.00 $29,832.00 1-J3 24"X36"X18" I.T. PULL BOX (INSTALLATION ONLY) EA 14 $2,244.00 $31,416.00 1-J4 ALLOWANCE FOR UNANTICIPATED I.T. IMPROVEMENTS AL 1 $1,000.00 $1,000.00 Subtotal: $65,248.00 CIVCAST LEOPARD STREET - NUECES BAY BLVD. TO PALM DR. (BOND 2018)Report Created On: 11/18/20 8:12:34 PM Capital Improvement Plan City of Corpus Christi, Texas 2019 2023 thru Description Reconstruction of existing 4-lane roadway, with new pavement, curb & gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, traffic signalization improvements, and illumination improvements. Proposed section will match the Bond 2012 program alignment and lane configurations. Project #18027A 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 Leopard St (Palm Dr to Nueces Bay Blvd) Category Street-Rehabilation Type Reconditioning-Asset Longevit Department Street Department Status Active Total2019 2020 2021 2022 2023Expenditures 2,781,397181,397 2,000,000 600,000Construction/Rehab 1,620,0001,620,000Storm Water-St. 975,000975,000WasteWater-St 910,000910,000Water-St. 181,397 3,620,000 2,485,000 6,286,397Total Total2019 2020 2021 2022 2023Funding Sources 2,781,397181,397 2,000,000 600,000G.O. Bond 2018 3,505,0001,620,000 1,885,000Revenue Bonds 181,397 3,620,000 2,485,000 6,286,397Total Contact Director of Public Works Priority 2 Critical- Asset Condition\longe 547 Roadway Asset Services, LLC 7913 Turnback Ledge Trail Lago Vista, TX 78645 214-789-9941 October 14, 2020 Richard Martinez Director Department of Public Works City of Corpus Christi 2525 Hygia Street Corpus Christi, TX 78469-9277 Dear Mr. Martinez: Roadway Asset Services, LLC (RAS) is pleased to submit this letter addressing the City of Corpus Christi pavement selection criteria when bidding street projects using both hot mix asphalt concrete (HMAC) and Portland Cement Concrete (PCC) pavement. The purpose of this letter was to provide additional criteria for consideration in design of street projects to streamline the decision process and to provide consideration of not only traffic loading conditions and Life Cycle Cost Analysis (LCCA), but also subgrade support characteristics and surrounding surface pavement types. In preparation of this project, we received the following documents for review: A memorandum from Freese and Nichols titled, “Pavement Selection Criteria”, dated April 22, 2019 A City of Corpus Christi Memorandum titled, “City Council Action Request (CCAR) – January 31, 2017 Bidding Street Bond Projects with Both Portland Cement Concrete (PCC) and Hot-Mix- Asphalt-Concrete (HMAC), dated February 2, 2017 A City of Corpus Christi Memorandum titled, “City Council Action Request (CCAR) – April 25, 2017 Bidding Street Bond Projects with Both Portland Cement Concrete (PCC) and Hot-Mix-Asphalt- Concrete (HMAC), dated June 2, 2017 A City of Corpus Christi Memorandum titled, “City Council Action Request (CCAR) – Hot-Mix- Asphalt-Concrete (HMAC) & Portland Cement Concrete (PCC) Pavements, dated April 22, 2019 Background Based upon review of the provided documents, we understand the City started designing and bidding street projects using both HMAC and PCC as part of the 2008 Bond program. Prior to 2008, the City would typically design arterial road reconstruction projects with HMAC pavement. In 2013 the City Council modified the pavement design standards with a 30-year design for both HMAC and PCC using the American Association of State Highway and Transportation Officials (AASHTO) Guide for Design of Pavement Structures. The market at the time allowed for more projects to be constructed with PCC. Then in 2016, the City began designing and bidding all arterial Bond projects with both HMAC and PCC alternatives and choosing the lower life cycle cost alternative. In 2017, Engineering Services provided a response to a City Council Action Request providing information on LCCA guidelines for evaluating both HMAC and PCC pavement designs for street project bids. The response provided information on the cost savings of selecting PCC with lower maintenance cost of approximately $100,000 per lane-mile, or $14,20 per square yard. This difference was used by staff to determine which pavement surface material to use based on project bids. If the PCC bid cost was within $100,000 of the HMAC bid, then PCC was chosen as the surface material. 2 In 2019 Freese and Nichols (FNI) provided a report with further analysis and guidelines into the decision process of using LCCA to determine which pavement surface to use for each project. The Freese and Nichols memo provided guidelines for using the Federal Highway Administration’s (FHWA) “Real Cost” program to perform the LCCA analysis. This memo also provided cost data and maintenance cycle guidelines for both HMAC and PCC alternatives. The Freese and Nichols memo also introduced a weighted decision matrix as a tool to determine which pavement surface to use when the difference between total project bid pricing for HMAC and PCC pavement alternatives falls between a specified range of cost. The matrix included such factors as Average Daily Traffic (ADT), Percentage of Trucks and Buses, Adjacent Development/# of Driveways, and Other Engineering Factors. Each factor was provided a weight factor to determine a total score for each alternative. Recommendations from the memo provided a new set of guidelines based on the LCCA performed as part of the design, with current data, and the following criteria: 1. When the cost difference of PCC is below $96,000 ($13,57/SY), the City should recommend PCC 2. When the cost difference of PCC is within the range of $96,000 ($13.57/SY) to $156,000 ($22.55/SY), the City should review the decision matrix to assist with the pavement recommendation (subject to availability of funds) 3. When the dost difference of PCC is above $156,000 ($22.55/SY), the City should recommend HMAC An April 2019 City Council Action Request Memo states that “Although Engineering Services agrees with using the FNI decision matrix to decide which projects are appropriate to bid with both PCC and HMAC, staff also believe adopting a bid award recommendation policy that is known in advance by bidders is a more fair and transparent process. FNI’s decision criteria are good to use in the Design Phase (not Bid Phase) when deciding whether it is appropriate to design and bid a project with both HMAC and PCC pavements.” The memo recommends Engineering Services raise the amount to $125,000 per lane mile ($17.75/square yard), which is approximately the midpoint of the range of $96,000 and $156,000 where FNI recommends applying the decision matrix. The City Council Action Request Memo, dated April 22, 2019, also states that “Engineering Services believe that most arterials are good candidates to design and bid with both PCC and HMAC pavement. Residential collectors and residential streets are not as good candidates for PCC due to factors listed in the FNI decision matrix as well as other factors.” Decision Criteria Updates In review of the 2019 Freese and Nichols report we believed the LCCA models could be revised to include guidelines for treatment applications based on our experience with pavement evaluations and deterioration curves. We wanted to incorporate some of the decision matrix issues into the LCCA to simplify this process and remove the need for the matrix system. We believe the average daily traffic and percentage truck issues are important issues to consider, but these factors are largely accounted for in the design of the pavement structure, which is the initial capital expense. The option that we thought would be most helpful in keeping this process simple would be to break the LCCA guidelines into two main categories based on arterial level streets and residential streets. With this division, the LCCA can consider 3 the different performance expectations and maintenance needs for each main distinction in traffic volumes. Based on our experience evaluating pavement networks and general performance, we believe residential pavements may have a longer service life due partially to the lower truck volume and most distresses being related to environmental factors and the tolerance of a slightly lower level of service than arterial streets. Residential streets require maintenance to enhance the performance with low traffic and exposure to the environmental elements, but often less structural repair. In contrast, arterial streets require more frequent maintenance and often more structural improvements, due to the heavier loading from traffic. The types of maintenance for arterial streets are different than those needed for residential streets. We developed two different approaches for maintenance for arterial and residential streets. In addition to the traffic impact, we believe the soil types, support characteristics, and expansive potential of clay soils also have a major impact on the performance of pavement structures. In our experience, pavements on clays soils must be designed with an additional stabilized layer, which should be accounted for in the initial design and capital expenses. However, due to deep wetting of the subgrade, expansive soils will also require more frequent maintenance due to the higher percentage of cracking and differential movement anticipated and, in some cases, different maintenance. HMAC pavements will likely require addition mill and overlay activities to correct differential movement and PCC pavements will likely require grinding and additional panel replacements due to the differential movements. A separate set of guidelines were developed for both the arterial and residential classifications of roadway for expansive soils. We characterize expansive soils as those exhibiting plasticity indices (PI) greater than 30. Laboratory tests and swell testing can be conducted to find specific characteristics of soil samples within each roadway, but a PI of 30 is largely considered as the threshold from low to moderate expansion potential among geotechnical engineers. We used typical maintenance treatments that the City of Corpus Christi would use for the various classifications of streets. We visited with the City Engineering Services staff to identify treatments, estimated costs per square yard, and when and how often they would typically apply these treatments for each level of roadway. We did not consider minor activities such as periodic pothole patching in the LCCA models and analysis as these costs are sporadic and negligible to the overall life cycle cost. The following tables present our recommended maintenance activities, year of application, and estimated cost for each treatment. Illustrations of the deterioration models used to develop the maintenance criteria and strategies are included in Appendix A of this report. Table 1 -PCC Arterials PCC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - PCC 0 * Reseal Joints and Cracks #1 7 $3 $21,120 Panel Replacement #1 (25%) 14 $80 $563,200 Reseal Joints and Cracks #2 18 $3 $21,120 Panel Replacement #2 (25%) 26 $80 $563,200 Reseal Joints and Cracks #3 29 $3 $21,120 Panel Replacement #3 (25%) 33 $80 $563,200 4 *Use Total Project Bid for PCC including all Utilities Table 2 - HMAC Arterials HMAC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - HMAC 0 * Surface Seal #1 5 $4 $28,160 Crack Seal #1 10 $1 $7,040 Mill and Overlay #1 15 $45 $316,800 Surface Seal #2 20 $4 $28,160 Crack Seal #2 23 $1 $7,040 Mill and Overlay #2 29 $45 $316,800 Surface Seal #3 35 $4 $28,160 *Use Total Project Bid for HMAC including all utilities Table 3 - PCC Arterials on Expansive Soils PCC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - PCC 0 * Reseal Joints and Cracks #1 5 $3 $21,120 Panel Replacement #1 (25%) 11 $80 $563,200 Reseal Joints and Cracks #2 14 $3 $21,120 Panel Replacement #2 (25%) 20 $80 $563,200 Diamond Grinding with Joint Replacement 25 $20 $140,800 Panel Replacement #3 (25%) 29 $80 $563,200 Reseal Joints and Cracks #3 32 $3 $21,120 *Use Total Project Bid for PCC including all Utilities Table 4 - HMAC Arterials with Expansive Soils HMAC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - HMAC 0 * Surface Seal #1 4 $4 $28,160 Crack Seal #1 8 $1 $7,040 Mill and Overlay #1 13 $45 $316,800 Surface Seal #2 17 $4 $28,160 Crack Seal #2 20 $1 $7,040 Mill and Overlay #2 25 $45 $316,800 Surface Seal #3 29 $4 $28,160 Mill and Overlay #3 33 $45 $316,800 5 *Use Total Project Bid for HMAC including all utilities Table 5 - PCC Residentials PCC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - PCC 0 * Reseal Joints and Cracks #1 9 $3 $21,120 Reseal Joints and Cracks #2 15 $3 $21,120 Reseal Joints and Cracks #3 20 $3 $21,120 Panel Replacement #1 (25%) 26 $80 $563,200 Reseal Joints and Cracks #4 35 $3 $21,120 *Use Total Project Bid for PCC including all Utilities Table 6 - HMAC Residentials HMAC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - HMAC 0 * HA5 seal #1 5 $5 $35,200 Crack Seal #1 15 $1 $7,040 Mill and Overlay #1 20 $45 $316,800 HA5 seal #2 24 $5 $35,200 Crack Seal #2 33 $1 $7,040 *Use Total Project Bid for HMAC including all utilities Table 7 - PCC Residentials on Expansive Soils PCC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - PCC 0 * Reseal Joints and Cracks #1 6 $3 $21,120 Reseal Joints and Cracks #2 15 $3 $21,120 Panel Replacement #1 (25%) 20 $80 $563,200 Diamond Grinding with Joint Replacement 27 $20 $140,800 Panel Replacement #2 (25%) 33 $80 $563,200 *Use Total Project Bid for PCC including all Utilities 6 Table 8 - HMAC Residentials with Expansive Soils HMAC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - HMAC 0 * HA5 Seal #1 4 $5 $35,200 Crack Seal #1 11 $1 $7,040 Mill and Overlay #1 20 $45 $316,800 HA5 seal #2 24 $5 $35,200 Crack Seal #2 33 $1 $7,040 *Use Total Project Bid for HMAC including all utilities Life Cycle Cost Analysis (LCCA) Models We used a simple spreadsheet (modeled similar to the Federal Highway Administration’s “Real Cost” program, but more transparent and simple to follow) to evaluate the LCCA for the four categories (eight scenarios) developed using the split between arterials and residential streets, and non-expansive soils versus expansive soils for both HMAC and PCC pavements. The spreadsheet was used to model the assigned maintenance activities developed from the deterioration curves and assigned costs determined in the previous section for each activity based on the year of application. A 4.0% discount rate and 3.0% inflation rate were used to determine future costs and equate them to present worth value for a 40-year analysis per lane mile. A simple user fee was also accounted for based upon an assumed delay due to the activity and a simple cost per hour of the delay. The total present worth value was used for each scenario to determine the total 40-year maintenance cost anticipated per lane mile for each scenario. The difference between this maintenance cost per lane mile were used to develop new recommendations for when to choose PCC over HMAC based on the maintenance differential costs. Table 9 - LCCA Comparison of Alternatives PWV ($/lane mile) Difference PCC Arterial $472,190 HMAC Arterial $600,698 $128,509 PCC Arterial (Expansive) $605,053 HMAC Arterial (Expansive) $623,099 $18,046 PCC Residential $274,970 HMAC Residential $333,909 $58,938 PCC Residential (Expansive) $367,446 HMAC Residential (Expansive) $334,475 -$32,971 7 The results indicate that for arterial streets on soils with a PI less than 30, if the initial construction bid is within $128,000 ($18.18/SY) between HMAC and PCC, then PCC should be chosen. If the difference in initial construction bid is greater than $128,00, then HMAC should be chosen. A much lower level was found for arterials on expansive soils and in residential streets. For streets with expansive soils, where the PI of the majority of the soil is greater than 30 and defined as a moderate to high swell potential by the design Geotechnical Engineer, the LCCA models indicate a HMAC surface should be used for both arterial streets and residential streets. Further evaluation of the arterial streets shows the comparison of the alternatives based on agency costs and user costs. Figure 1 - Comparison of Agency and User Costs for Arterial Streets Complete results of all the LCCA evaluations for all eight scenarios are presented in Appendix B of this letter. Recommendations Based upon the results of our evaluations, we recommend the City adopt a simple process for making the decision between HMAC and PCC pavements when bidding street projects. We believe the initial division should separate projects between arterial/collector business streets and residential streets. The secondary division should then consider the supporting subgrade within the project, between expansive clay soils and non-expansive soils, based on the geotechnical design report, which will summarize the basic soil types in the project. We recommend defining the project as on expansive soils when most of the subgrade within the alignment contains a PI greater than 30, or as classified by the project Geotechnical Engineer as expansive soil. These two divisions divide potential projects into four categories. The first category is an arterial street on non-expansive soils. We recommend choosing PCC pavement when the bid price is within $128,000 per lane mile ($18.18/SY). This will allow a good portion of PCC pavements for the high traffic volume streets and provide a durable, lowest cost maintenance option for the street. The second category is an arterial street on expansive soils. We recommend choosing HMAC pavement when the subgrade soils contain mostly moderate to highly expansive soils. Design can account for some of the expansion potential of the soils and stabilized layers beneath the pavement structure can certainly reduce the risk and improve structural strength and performance. However, based upon the nature of expansive soils and the depth of potential wetting of the subgrade, expansion and vertical movement can 8 occur as deep as eight (8) feet below the pavement surface, or even deeper in extreme situations. This movement causes differential movement at PCC joints and uplift of all pavement surfaces in isolated heaves oriented perpendicular to traffic travel. The deterioration models were designed to account for this potential movement to model the maintenance that would be required for each pavement type. The LCCA results indicate the bid for a PCC pavement would need to be within $18,000 per lane mile to make sense to pave with PCC. Due to this low differential is maintenance cost, we recommend choosing HMAC for this category regardless of the bid price. The third and forth categories are for residential streets on non-expansive soils and expansive soils. The LCCA model for residential streets on non-expansive soils indicated if the PCC bid is within $59,000/lane mile, PCC should be chosen. The LCCA model for residential streets on expansive soils indicates there is no bid price that would make PCC a cheaper selection based upon the maintenance anticipated. Based upon the financial investments in the initial pavement structure and utilities, likelihood of cuts in the pavement for the numerous residential utility extensions, and the difficulty in reconstruction and maintenance of PCC in residential areas, we do not recommend selecting PCC in either these categories for residential streets. Based upon the results of the LCCA criteria and models established in this evaluation, we recommend the pavement surface material selection should be based on the following: 1. When the cost difference of PCC is below $128,000/lane mile ($18.18/SY), the City should recommend PCC. 2. 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. 3. When the project is a residential street classification, for non-expansive and expansive subgrade soils, 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 Engineering Services staff. Thank you for the opportunity to provide professional services for the evaluation and development of recommendations for pavement selection criteria when bidding street projects using both hot mix asphalt concrete (HMAC) and Portland Cement Concrete (PCC) pavement. Please call if you have any questions regarding the recommendations provided in this letter. Respectfully submitted, G. Scot Gordon, PE, IAM President Roadway Asset Services, LLC (TxBPE firm # 22104) 9 Appendix A – Deterioration Models Figure A-1 - PCC Arterials Figure A-2 - HMAC Arterials 10 Figure A-3 - PCC Arterials with Expansive Soils Figure A-4 - HMAC Arterials with Expansive Soils 11 Figure A-5 - PCC Residentials Figure A-6 - HMAC Residentials 12 Figure A-7 - PCC Residentials with Expansive Soils Figure A-8 - HMAC Residentials with Expansive Soils 13 Appendix B – LCCA Results DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% PCC Arterial ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 30,000 UNIT AGENCY USER COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS Cost COST YEAR VALUE 0 0 $0.00 7 Reseal Joints and Cracks #1 $3.69 7,040 sq yds $25,974.94 7 User Delay Costs $1.23 250 hours $307.47 7 $26,282.40 $19,972.47 14 Panel Replacement #1 (25%) $121.01 1,760 sq yds $212,972.63 14 User Delay Costs $1.51 35,000 hours $52,940.64 14 $265,913.27 $153,558.29 18 Reseal Joints and Cracks #2 $5.11 7,040 sq yds $35,955.39 18 User Delay Costs $1.70 250 hours $425.61 18 $36,380.99 $17,958.68 26 Panel Replacement #2 (25%) $172.53 1,760 sq yds $303,648.05 26 User Delay Costs $2.16 35,000 hours $75,480.69 26 $379,128.74 $136,747.66 29 Reseal Joints and Cracks #3 $7.07 7,040 sq yds $49,770.66 29 User Delay Costs $2.36 250 hours $589.14 29 $50,359.80 $16,147.94 33 Panel Replacement #3 (25%) $212.19 1,760 sq yds $373,448.80 33 User Delay Costs $2.65 35,000 hours $92,831.73 33 $466,280.53 $127,804.78 $1,001,770.47 $222,575.29 $1,224,345.76 PRESENT WORTH = $472,189.82 UNIT COSTS Cost Units Delay (mins) Duration (days) Reseal Joints and Cracks $3.00 sq yd 0.5 1 Panel Replacement (25%) $80.00 sq yd 5 14 Diamond Grinding with joint replacment $20.00 sq yd 5 2 User Delay Costs $1.00 hour Fig. B-1 Life Cycle Cost Analysis 14 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% HMAC Arterial ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 30,000 UNIT AGENCY USER COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS Cost COST YEAR VALUE 0 0 $0.00 5 Surface Seal #1 $4.64 7,040 sq yds $32,645.16 5 User Delay Costs $1.16 250 hours $289.82 5 $32,934.98 $27,070.15 10 Crack Seal #1 $1.34 7,040 sq yds $9,461.17 10 User Delay Costs $1.34 250 hours $335.98 10 $9,797.15 $6,618.60 15 Mill and Overlay #1 $70.11 7,040 sq yds $493,564.08 15 User Delay Costs $1.56 2,500 hours $3,894.92 15 $497,459.00 $276,221.32 20 Surface Seal #2 $7.22 7,040 sq yds $50,860.09 20 User Delay Costs $1.81 250 hours $451.53 20 $51,311.62 $23,417.95 23 Crack Seal #2 $1.97 7,040 sq yds $13,894.05 23 User Delay Costs $1.97 250 hours $493.40 23 $14,387.45 $5,837.37 29 Mill and Overlay #2 $106.05 7,040 sq yds $746,559.95 29 User Delay Costs $2.36 2,500 hours $5,891.41 29 $752,451.37 $241,274.60 35 Surface Seal #3 $11.26 7,040 sq yds $79,238.37 35 User Delay Costs $2.81 250 hours $703.47 35 $79,941.83 $20,258.50 $1,426,222.87 $12,060.52 $1,438,283.39 PRESENT WORTH = $600,698.49 UNIT COSTS Cost Units Delay (mins) Duration (days) Surface Seal $4.00 sq yd 0.5 1 Crack Seal $1.00 sq yd 0.5 1 Mill and Overlay $45.00 sq yd 5 1 HA5 $5.00 sq yd 0.5 1 User Delay Costs $1.00 hour Fig. B-2 Life Cycle Cost Analysis 15 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% PCC Arterial (Expansive) ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 30,000 UNIT AGENCY USER COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS Cost COST YEAR VALUE 0 0 $0.00 5 Reseal Joints and Cracks #1 $3.48 7,040 sq yds $24,483.87 5 User Delay Costs $1.16 250 hours $289.82 5 $24,773.69 $20,362.16 11 Panel Replacement #1 (25%) $110.74 1,760 sq yds $194,900.13 11 User Delay Costs $1.38 35,000 hours $48,448.19 11 $243,348.31 $158,074.42 14 Reseal Joints and Cracks #2 $4.54 7,040 sq yds $31,945.89 14 User Delay Costs $1.51 250 hours $378.15 14 $32,324.04 $18,666.33 20 Panel Replacement #2 (25%) $144.49 1,760 sq yds $254,300.46 20 User Delay Costs $1.81 35,000 hours $63,213.89 20 $317,514.36 $144,909.41 25 Diamond Grinding with Joint Replacement$41.88 7,040 sq yds $294,803.93 25 User Delay Costs $2.09 5,000 hours $10,468.89 25 $305,272.82 $114,512.96 29 Panel Replacement #3 (25%) $188.53 1,760 sq yds $331,804.42 29 User Delay Costs $2.36 35,000 hours $82,479.79 29 $414,284.22 $132,840.82 32 Reseal Joints and Cracks #3 $7.73 7,040 sq yds $54,385.75 32 User Delay Costs $2.58 250 hours $643.77 32 $55,029.52 $15,686.60 $1,186,624.46 $205,922.50 $1,392,546.96 PRESENT WORTH = $605,052.71 UNIT COSTS Cost Units Delay (mins) Duration (days) Reseal Joints and Cracks $3.00 sq yd 0.5 1 Panel Replacement (25%) $80.00 sq yd 5 14 Diamond Grinding with joint replacment $20.00 sq yd 5 2 User Delay Costs $1.00 hour Fig. B-3 Life Cycle Cost Analysis 16 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% HMAC Arterial (Expansive) ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 30,000 UNIT AGENCY USER COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS Cost COST YEAR VALUE 0 0 $0.00 4 Surface Seal #1 $4.50 7,040 sq yds $31,694.33 4 User Delay Costs $1.13 250 hours $281.38 4 $31,975.71 $27,332.97 8 Crack Seal #1 $1.27 7,040 sq yds $8,918.06 8 User Delay Costs $1.27 250 hours $316.69 8 $9,234.75 $6,747.74 13 Mill and Overlay #1 $66.08 7,040 sq yds $465,231.48 13 User Delay Costs $1.47 2,500 hours $3,671.33 13 $468,902.81 $281,610.88 17 Surface Seal #2 $6.61 7,040 sq yds $46,544.19 17 User Delay Costs $1.65 250 hours $413.21 17 $46,957.40 $24,106.67 20 Crack Seal #2 $1.81 7,040 sq yds $12,715.02 20 User Delay Costs $1.81 250 hours $451.53 20 $13,166.55 $6,009.04 25 Mill and Overlay #2 $94.22 7,040 sq yds $663,308.85 25 User Delay Costs $2.09 2,500 hours $5,234.44 25 $668,543.29 $250,781.82 30 Surface Seal #3 $9.71 7,040 sq yds $68,351.71 30 User Delay Costs $2.43 250 hours $606.82 30 $68,958.53 $21,261.20 34 Crack Seal #3 $2.73 7,040 sq yds $19,232.61 34 User Delay Costs $2.73 250 hours $682.98 34 $19,915.59 $5,248.80 $1,315,996.25 $11,658.38 $1,327,654.64 PRESENT WORTH = $623,099.12 UNIT COSTS Cost Units Delay (mins) Duration (days) Surface Seal $4.00 sq yd 0.5 1 Crack Seal $1.00 sq yd 0.5 1 Mill and Overlay $45.00 sq yd 5 1 HA5 $5.00 sq yd 0.5 1 User Delay Costs $1.00 hour Fig. B-4 Life Cycle Cost Analysis 17 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% PCC Residential ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 2,000 UNIT COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS COST YEAR VALUE 0 0 $0.00 9 Reseal Joints and Cracks #1 $3.91 7,040 sq yds $27,556.81 9 User Delay Costs $1.30 17 hours $21.75 9 $27,578.56 $19,376.33 15 Reseal Joints and Cracks #2 $4.67 7,040 sq yds $32,904.27 15 User Delay Costs $1.56 17 hours $25.97 15 $32,930.24 $18,284.99 20 Panel Replacement #1 (25%) $144.49 1,760 sq yds $254,300.46 20 User Delay Costs $1.81 933 hours $1,685.70 20 $255,986.17 $116,828.74 26 Reseal Joints and Cracks #3 $6.47 7,040 sq yds $45,547.21 26 User Delay Costs $2.16 17 hours $35.94 26 $45,583.15 $16,441.35 32 Panel Replacement #2 (25%) $206.01 1,760 sq yds $362,571.65 32 User Delay Costs $2.58 933 hours $2,403.41 32 $364,975.06 $104,039.04 PRESENT WORTH = $274,970.46 UNIT COSTS Cost Units Delay (mins) Duration (days) Reseal Joints and Cracks $3.00 sq yd 0.5 1 Panel Replacement (25%) $80.00 sq yd 2 14 Diamond Grinding with joint replacment $20.00 sq yd 2 2 User Delay Costs $1.00 hour Fig. B-5 Life Cycle Cost Analysis 18 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% HMAC Residential ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 2,000 UNIT COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS COST YEAR VALUE 0 0 $0.00 5 HA5 Seal #1 $5.80 7,040 sq yds $40,806.45 5 User Delay Costs $1.16 33 hours $38.64 5 $40,845.09 $33,571.69 15 Crack Seal #1 $1.56 7,040 sq yds $10,968.09 15 User Delay Costs $1.56 17 hours $25.97 15 $10,994.06 $6,104.61 20 Mill and Overlay #1 $81.28 7,040 sq yds $572,176.04 20 User Delay Costs $1.81 33 hours $60.20 20 $572,236.24 $261,161.15 24 HA5 Seal #2 $10.16 7,040 sq yds $71,554.35 24 User Delay Costs $2.03 33 hours $67.76 24 $71,622.11 $27,941.32 33 Crack Seal #2 $2.65 7,040 sq yds $18,672.44 33 User Delay Costs $2.65 17 hours $44.21 33 $18,716.65 $5,130.12 PRESENT WORTH = $333,908.89 UNIT COSTS Cost Units Delay (mins) Duration (days) Surface Seal $4.00 sq yd 0.5 1 Crack Seal $1.00 sq yd 0.5 1 Mill and Overlay $45.00 sq yd 1 1 HA5 $5.00 sq yd 1 1 User Delay Costs $1.00 hour Fig. B-6 Life Cycle Cost Analysis 19 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% PCC Residential (Expansive) ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 2,000 UNIT COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS COST YEAR VALUE 0 0 $0.00 6 Reseal Joints and Cracks #1 $3.58 7,040 sq yds $25,218.38 6 User Delay Costs $1.19 17 hours $19.90 6 $25,238.29 $19,946.18 15 Reseal Joints and Cracks #2 $4.67 7,040 sq yds $32,904.27 15 User Delay Costs $1.56 17 hours $25.97 15 $32,930.24 $18,284.99 20 Panel Replacement #1 (25%) $144.49 1,760 sq yds $254,300.46 20 User Delay Costs $1.81 1,400 hours $2,528.56 20 $256,829.02 $117,213.41 27 Diamond Grinding with Joint Replacement$44.43 7,040 sq yds $312,757.49 27 User Delay Costs $2.22 200 hours $444.26 27 $313,201.75 $108,623.56 33 Panel Replacement #2 (25%) $212.19 1,760 sq yds $373,448.80 33 User Delay Costs $2.65 1,400 hours $3,713.27 33 $377,162.07 $103,377.93 PRESENT WORTH = $367,446.07 UNIT COSTS Cost Units Delay (mins) Duration (days) Reseal Joints and Cracks $3.00 sq yd 0.5 1 Panel Replacement (25%) $80.00 sq yd 3 14 Diamond Grinding with joint replacment $20.00 sq yd 3 2 User Delay Costs $1.00 hour Fig. B-7 Life Cycle Cost Analysis 20 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% HMAC Residential (Expansive) ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 2,000 UNIT COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS COST YEAR VALUE 0 0 $0.00 4 HA5 Seal #1 $5.63 7,040 sq yds $39,617.91 4 User Delay Costs $1.13 33 hours $37.52 4 $39,655.43 $33,897.63 11 Crack Seal #1 $1.38 7,040 sq yds $9,745.01 11 User Delay Costs $1.38 17 hours $23.07 11 $9,768.08 $6,345.16 20 Mill and Overlay #1 $81.28 7,040 sq yds $572,176.04 20 User Delay Costs $1.81 33 hours $60.20 20 $572,236.24 $261,161.15 24 HA5 Seal #2 $10.16 7,040 sq yds $71,554.35 24 User Delay Costs $2.03 33 hours $67.76 24 $71,622.11 $27,941.32 33 Crack Seal #2 $2.65 7,040 sq yds $18,672.44 33 User Delay Costs $2.65 17 hours $44.21 33 $18,716.65 $5,130.12 PRESENT WORTH = $334,475.38 UNIT COSTS Cost Units Delay (mins) Duration (days) Surface Seal $4.00 sq yd 0.5 1 Crack Seal $1.00 sq yd 0.5 1 Mill and Overlay $45.00 sq yd 1 1 HA5 $5.00 sq yd 1 1 User Delay Costs $1.00 hour Fig. B-8 Life Cycle Cost Analysis DATE: February 23, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management Charlesm2@cctexas.com (361) 826-1941 Kevin Smith, Assistant Director of Aviation KevinS4@cctexas.com (361) 289-0171 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Ordinance authorizing a four-month service agreement with Lindamood Inc., for an amount not to exceed $212,378.00 for demolition of Aircraft Hangar One at the Corpus Christi International Airport; appropriating funds from the unreserved fund balance of the Airport Capital Reserves; and amending the budget. SUMMARY: This item recommends a four-month service agreement to demolish Aircraft Hangar One at Corpus Christi International Airport (CCIA). The demolition project will be overseen by Asset Management. BACKGROUND AND FINDINGS: The CCIA is owned, operated, and maintained by the City of Corpus Christi and located in Nueces County, Texas. CCIA is made up of over 2,700 acres; 1,100 acres being inside the Airport Operations Area (AOA) and classified as a non-hub, commercial service airport. Demolition of Aircraft Hangar One at the Corpus Christi International Airport (CCIA) AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting February 23, 2021 Second Reading Ordinance for the City Council Meeting March 16, 2021 The East GA Hangar No. 1 is a single-story hyperbolic paraboloid arch concrete facility constructed in the early 1960’s. The facility served primarily as a hangar with office space to the East Side Fixed Base Operations (FBO) serving the general aviation community. The Facility had been under lease and managed by Signature Flight Support up until their departure in March 2020. The hangar roof and foundation are constructed with reinforced concrete. The end walls are metal panels. The total size is approximately 28,000 SF allocated to open hangar space and 8,000 SF for administrative offices. The concrete roof has a fully adhered membrane covering. Severe structural cracks were discovered in the roof structure during visual field investigations in 2020. Age, and recent damage from Hurricane Harvey have revealed multiple distresses in the building structure including: Building structure include several concrete spalls and pop-outs which indicate that future spalls or pop-outs could occur which is a potential safety hazard for personnel and aircraft. No longer being watertight resulting in developments of mold and mildew. Fiberglass infill panels between the concrete sub-structures are disintegrating. Wooden framing member is rotting. Cracked concrete floor inadequately sloped floor allowing water to migrate into the hanger. Most of the exposed interior steel framing is also corroding. With several deficiencies noted, including the potential for safety hazards from future pop - outs and spalls, the airport has closed the facility from public entry. The Hangar is several decades old and there are several concerns with the overall building, its usability, and serviceability. Considering both the cost and the risk of unknown performance of our 60+ year old facility, the city staff and our A/E consultant recommend demolishing the structure. Contracts and Procurement conducted a competitive Request for Bid process and received eight bids and is recommending award to the lowest, responsive, responsible bidder, Lindamood, Inc. ALTERNATIVES: Repairing the hangar would cost more than building a new structure. FISCAL IMPACT: The fiscal impact for Aviation in FY 2021 is $212,378.00 for a four-month service agreement. FUNDING DETAIL: Fund: 4610 Airport Organization/Activity: 35030 Airport Parking/Transportation Mission Element: 274 TranAirport 2012A Debt Svs Project # (CIP Only): n/a Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this ordinance authorizing a four-month service agreement with Lindamood, Inc. LIST OF SUPPORTING DOCUMENTS: Ordinance Bid Tabulation Service Agreement Ordinance authorizing a four-month service agreement with Lindamood Inc., for an amount not to exceed $212,378.00 for demolition of Aircraft Hangar One at the Corpus Christi International Airport; appropriating funds from the unreserved fund balance of the Airport Capital Reserves; and amending the budget. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the service agreement with Lindamood, Inc., of Texas for a total amount not to exceed $212,378.00 for the demolition of Aircraft Hangar One at CCIA is approved. SECTION 2. That funds in the amount of $212,378.00 are appropriated from the unreserved fund balance in the No. 4610 Airport Fund for the service agreement with Lindamood, Inc. for the demolition of Aircraft Hangar One at CCIA. SECTION 3. That the FY2020-21 Operating Budget and Capital Budget adopted by Ordinance No. 032203, is amended to increase proposed expenditures in the No. 4610 Airport Fund by $212,378.00 for the service agreement with Lindamood, Inc. for the demolition of Aircraft Hangar One at CCIA. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor City of Corpus Christi -Bid Tabulation Sr. Buyer: Minerva Alvarado RFB 3375 - Demolition of Aircraft Hangar One at CCIA t Hangar One at CCIA Lindamood, Inc Coastal Bend Demolition Inc. Costa Verde Resources, LLC JR Ramon & Sons, Inc South Plains Contracting Ideal Construction & Design LLC Mahan Construction Consultants American Abatement LLC Irving, TX Corpus Christi, TX Corpus Christi, TX San Antonio, TX Adkins, TX Robstown, TX Houston, TX San Antonio,, TX Item Description Unit Qty Price Price Price Price Price Price Price Price 1 Demolition of Aircraft Hangar One Lumpsum 1 $204,578.00 $220,200.00 $273,588.14 $281,150.00 $291,879.00 $780,000.00 $1,400,000.00 2 Allowance Permit Fees Allowance $7,800.00 $7,800.00 $7,800.00 $7,800.00 $7,800.00 $7,800.00 $7,800.00 $212,378.00 $228,000.00 $281,388.14 $288,950.00 $299,679.00 $787,800.00 $1,407,800.00 Withdrew Bid DATE: February 23, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Assistant Director of Aviation Kevins4@cctexas.com (361) 289-0171 ext. 1292 CAPTION: Ordinance appropriating $202,931.55 from the unreserved fund balance in the Airport Operating Fund for the purchase of parking/revenue control systems, pay-on-foot machines, booths, and canopies for Corpus Christi International Airport and amending the budget. SUMMARY: Purchase of the equipment will replace/repair equipment, canopies and booths that were installed in 2014. The new equipment and materials will enhance customer service, provide customers more options to pay, and ultimately help to reduce manpower associated with the parking control plaza. BACKGROUND AND FINDINGS: On March 19, 2013, the City Council approved a management service agreement with Republic Parking System (RPS). RPS assumed responsibility for parking operations at the Corpus Christi International Airport on June 03, 2013. The industry trend at that time shifted to outside management agreements that allow for flexibility and financial investment by the contractor. In exchange for the contract and capital investment of $400,000, only $197,068.45 of these funds were used. The remaining funds of $202,931.55 will be utilized to replace/repair equipment, canopies and booths that were installed in 2014. Since that time, many conditions have changed, (i.e., Affordable Health Care Act, COVID, and an aging parking revenue system). Therefore, the city (i.e., airport staff) will assume the responsibility for all parking operations at the airport. This will be done with a hybrid staffing, that will allow flexibility in work assignments throughout the day, and not just related to parking operations. These positions will also assist the Operations Division with inspections, assist customers in the terminal, assist Facilities Division with the Quick Turnaround Facility (QTA) and pick-up litter and debris as they traverse the grounds of the airport. The increase in revenue to the airport will be more than $200,000 after year one. AGENDA MEMORANDUM First Reading for the City Council Meeting of February 23, 2021 Second Reading for the City Council Meeting of March 2, 2021 Appropriate $202,931.55 from the Airport Deferred Revenue Fund Balance for the purchase and installation of parking equipment, canopy replacement, and booth replacement at Corpus Christi International Airport as per agreement with Republic Parking System. ALTERNATIVES: Produce a new RFP with another 3rd party parking service and continue to lose revenue. FISCAL IMPACT: Equipment and Repair Cost Estimate Total - $202,931.55 Funding Detail: Fund: 4610 Organization/Activity: 35040 - Facilities Mission Element: 271 Project # (CIP Only): N/A Account: 530210 RECOMMENDATION: Staff requests approval of Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $202,931.55 from the unreserved fund balance in the No. 4610 Airport Fund for the purchase of parking/revenue control systems, pay-on-foot machines, booths, and canopies for Corpus Christi International Airport and amending the FY 2020-2021 Operating Budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: Funds in the amount of $202,931.55 are appropriated from the unreserved fund balance in the No. 4610 Airport Fund for the purchase of parking/revenue control systems, pay- on-foot machines, booths, and canopies for Corpus Christi International Airport, and the FY2020-2021 Operating Budget adopted by Ordinance No. 032203 is amended to increase expenditures by $202,931.55. The foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ______________________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ The foregoing ordinance was read for the second time and passed finally on this the _____ day of ______________________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ _________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor