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HomeMy WebLinkAboutAgenda Packet City Council - 04/20/2021 (2) Lw,A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,April 20,2021 11:30 AM Council Chambers 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 ingles es limitado, habra un interprete ingles-espanol 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 Deacon Michael Mantz, Corpus Christi Cathedral. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by America Briones, Mary Carroll High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations City of Corpus Christi Page 1 Printed on 4/19/2021 City Council Meeting Agenda-Final-revised April 20,2021 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. Update on North Beach Development and City Funded Infrastructure Improvements H. BOARD &COMMITTEE APPOINTMENTS: 1. 21-0468 Corpus Christi Convention & Visitors Bureau (1 vacancy) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 18) 2. 21-0476 Approval of the Minutes of the Regular Meeting of April 13, 2021. Consent-Second Reading Ordinances 3. 21-0354 Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of $89,480.00 for overtime for four sworn officers and lease payments on four vehicles for the FY 2021 High Intensity Drug Trafficking Area Initiative; and appropriating $89,480.00 in the Police Grants Fund. City of Corpus Christi Page 2 Printed on 4/19/2021 City Council Meeting Agenda-Final-revised April 20,2021 Sponsors: Police Department 4. 21-0373 Ordinance authorizing acceptance of a grant from the State of Texas, Department of Transportation for the FY 2021 Click It or Ticket Program for the Corpus Christi Police Department in an amount of$8,950.00 with a City cash match of$2,416.80 for overtime and fringe benefits with funding available from the General Fund; and appropriating $8,950.00 in the Police Grants Fund. Sponsors: Police Department 5. 21-0330 Ordinance authorizing an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on July 6, 2020 and located at the intersection of Westpoint Rd and S Padre Island Drive (Highway 358 FWY); and appropriating $44,057.00 from the Wastewater Trunk System Trust Fund to reimburse developer. (District 3) Sponsors: Development Services 6. 21-0332 Ordinance abandoning and vacating a 15-foot wide by approximately 483 feet in length (7,239.7 sq. ft.) existing utility easement out of Lot 3, Block 1, South Texas Bone and Joint Medical Plaza Unit 1, located South of Holly Road and West of Cross-Town Expressway (TX 286). (District 3) Sponsors: Development Services Consent- Contracts and Procurement 7. 21-0402 Resolution authorizing the purchase of a refurbished, replacement robot vehicle for the Corpus Christi Police Department's Bomb Squad, with Remotec Inc., Subsidiary of Northrop Grumman of Clinton, Tennessee, for a total amount of$115,000.00 funding available through the Fire Grants Fund. Sponsors: Police Department, Fire Department and Contracts and Procurement 8. 21-0398 Motion authorizing a three-year service agreement with Hub City Overhead Door Company, Inc., of Corpus Christi, Texas, for a total amount not to exceed $255,600.00 for overhead door repair and maintenance for the Corpus Christi Fire Department (CCFD), effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of$46,008.00 available through the General Fund. Sponsors: Fire Department and Contracts and Procurement 9. 21-0201 Motion authorizing a five-year supply agreement in the amount not to exceed $1,750,000 with Baker& Taylor, LLC., Charlotte, North Carolina for library books, audio and visual recordings, downloadable digital content, and processing services, with FY 2021 funding in the amount of $145,830.00 available from the General fund. Sponsors: Libraries and Contracts and Procurement City of Corpus Christi Page 3 Printed on 4/19/2021 City Council Meeting Agenda-Final-revised April 20,2021 10. 21-0348 Motion authorizing the lease-purchase, via JP Morgan, of one additional Mack LR64 Refuse Truck from Grande Ford Truck Sales, Inc, dba Grande Truck Center, of San Antonio, Texas for a total amount of$348,568.25 to be used by Solid Waste in support of the department's new inspection and education program to address contamination in recycling waste, effective upon issuance of the letter of acceptance with FY 2021 funding in the amount of$29,047.35 available through the General Fund. sponsors: Solid Waste Operations and Contracts and Procurement 11. 21-0360 Motion authorizing a five-year service agreement for on-call emergency spill response and remediation services for an estimated amount of $140,650.00 with Miller Environmental Services, LLC, of Corpus Christi, Texas. sponsors: Planning & Environmental Services and Contracts and Procurement 12. 21-0416 Motion authorizing a one-year service agreement with Great South Texas Corp, dba Computer Solutions of San Antonio, Texas, in an amount of $74,940.49 for the maintenance renewal for CISCO SmartNet for the Information Technology Department, effective upon issuance of a notice to proceed with FY 2021 funding available in the Information Technology Fund. sponsors: Information Technology Services and Contracts and Procurement 13. 21-0365 Motion authorizing the replacement purchase of one 2020 Gradall XL3100 wheeled excavator from Waukesha-Pearce Industries, Inc. of Corpus Christi, Texas for a total amount of$364,233.05, which will be used in the maintenance and repairs of City streets by the Department of Public Works, with FY 2021 funding available and included in the Vehicle and Equipment Replacement Fund. sponsors: Public Works/Street Department and Contracts and Procurement Consent- Capital Projects 14. 21-0322 Motion awarding a Master Services Agreement to Garver, LLC, Corpus Christi, Texas, for planning, architectural, and professional engineering services for the Corpus Christi International Airport, in an amount not to exceed $7,500,000.00 for a five-year term, with FY 2021 funding available from grant funding and the Aviation Capital Fund. Sponsors: Engineering Services, Aviation Department and Contracts and Procurement General Consent Items 15. 21-0353 Resolution authorizing the submission of six grant applications to the Public Safety Office - Homeland Security Grants Division for the Homeland City of Corpus Christi Page 4 Printed on 4/19/2021 City Council Meeting Agenda-Final-revised April 20,2021 Security Grant Program to prevent terrorism and other catastrophic events for various functions of public safety, such as bomb squad detection, SWAT team improvement, firefighter protection, and hazmat response enhancements, in an amount of$698,797.42. sponsors: Fire Department 16. 21-0372 Motion to authorize a one-year service agreement for Broker of Record Services for Insurance for $100,000.00 per year, with Acrisure LLC dba Carlisle Insurance of Corpus Christi, Texas, with a right to renew for up to four additional years totaling up to $500,000.00, effective upon issuance of a notice to proceed, with FY 2021 funding up to $33,500.00 available through the Liability/Employee Benefits & Workers' Compensation Fund. sponsors: Legal Department and Contracts and Procurement 17. 21-0400 Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2021 - May 4, 2022) in exchange for annual premium of$3,526,444. sponsors: Legal Department 18. 21-0408 Resolution authorizing outside city limits water contract with Ruben Perez and Belinda Perez to provide public water to their property located outside the city limits described as Lots 1 and 2, Block 1, EI Caballo Subdivision, also commonly known by its street addresses as 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), located nearest City Council District 3, under Corpus Christi Code Section 55-113. sponsors: Development Services K. LEGISLATIVE UPDATE: L. RECESS FOR LUNCH M. PUBLIC HEARINGS: (ITEM 19) 19. 21-0498 Second Public Hearing to discuss the annexation of London Pirate Road (formerly County Road 33), being approximately 3.733 acres of land from FM 43 (Weber Road) to the North approximately 1.027 miles, with the City of Corpus Christi currently having an area of 489 sq. miles. sponsors: Planning & Environmental Services N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 20 - 22) 20. 21-0362 Resolution authorizing a six-year service agreement with Infor US, Inc., of New York, New York in an amount of$5,962,498.33 for Infor license subscriptions and $1,041,616.27 for one time implementation cost for a total of$7,004,114.60, effective upon issuance of a notice to proceed, with City of Corpus Christi Page 5 Printed on 4/19/2021 City Council Meeting Agenda-Final-revised April 20,2021 FY 2021 funding in an amount of$178,821.92 for prorated Infor license subscriptions and $1,041,616.27 for one time implementation costs available through the Information Technology Fund. sponsors: Information Technology Services and Contracts and Procurement 21. 21-0212 Motion awarding a construction contract to JE Construction Services, Corpus Christi, Texas, for the Residential Street Rebuild Program: Re-Bid Base Bid A in an amount of$6,144,164.90, for 15 streets located in Council Districts 1, 3, and 4, with FY 2021 funding available from the Residential Street Reconstruction, Storm Water, Wastewater, Water and Gas Capital Funds. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 22. 21-0145 Resolution authorizing park improvement agreement for Rancho Vista Subdivision with Yorktown Oso Joint Venture and Braselton Development Company, Ltd. to develop and gift 1.268 acres of parkland to the City and authorize an agreement with the Rancho Vista Owner's Association to allow for the owner's association to maintain the new parks. sponsors: Parks and Recreation Department and Development Services O. FIRST READING ORDINANCES: (ITEMS 23 -26) 23. 21-0363 Ordinance accepting $22,816.97 from the State of Texas - Law Enforcement Officer Standards and Education Account; and appropriating $22,816.97 for FY 2021 in the Police Grants Fund for training of sworn and civilian personnel. sponsors: Police Department 24. 21-0361 Ordinance rejecting the apparent low bid of WLE, LLC. due to refusal to perform on a previous mowing contract providing similar services and authorizing a three-year service agreement for mowing and grounds maintenance of Stormwater Mowing Group 5B for an estimated amount of $73,740.00 with Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas for the Department of Public Works, with FY 2021 funding in an amount not to exceed $10,242.00 available through the Stormwater Fund. sponsors: Public Works/Street Department and Contracts and Procurement 25. 21-0421 Ordinance amending the Code of Ordinances, Chapter 49, to promote better management of the public rights-of-way for Bond and other infrastructure projects, adding Article VIII - Management of Rights-of-Way to clarify responsibilities for all types of utilities within a public right-of-way, and establishing a penalty. sponsors: Engineering Services and Public Works/Street Department 26. 21-0469 Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances to continue using the 2020 Winter Quarter Average (calculated City of Corpus Christi Page 6 Printed on 4/19/2021 City Council Meeting Agenda-Final-revised April 20,2021 from December 2019 - February 2020) for wastewater charges from May 2021 through April 2022. sponsors: Water Utilities Department P. BRIEFINGS: (ITEM 27) 27. 21-0482 Update on Amended City Council Policy 28: Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Pavement Sponsors: Public Works/Street Department Q. EXECUTIVE SESSION: R. ADJOURNMENT City of Corpus Christi Paye 7 Printed on 4/19/2021 CORPUS CHRISTI CONVENTION&VISITORS BUREAU One(1)vacancy with term to 10-1-21,representing the following category:1-Community At-Large. (The CCCVB is recommending Ramon Pineda(At Large)or Lance Hancock(At Large)for Council consideration.) Duties The Corpus Christi Convention&Visitors Bureau solicits various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year- round;to promote the City as a year-round destination;to design and implement an advertising campaign with state,national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi;to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. Composition CCCVB shall be governed by a board of directors(BOARD),which must be composed of twenty-four(24)members.Thirteen(13)will be selected directly by the City Council.The members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board.The members shall be representatives of the following groups:3-lodging industry;3-attraction industry;2-restaurant industry;and 5-community at-large. The following persons or entities,or their designees or representatives,shall serve as additional voting members of the Board by virtue of position held:The Mayor or designee,City Manager or designee General Manager of the Corpus Hooks and Director of Corpus Christi International Airport.The following persons or entities,or their designee or representatives,shall serve as additional non-voting members of the Board by virtue of position held:State Representative from district 32 or designee,State Representative 34 or designee,Director of Regional Transportation Authority,President&CEO of Port of Corpus Christi or designee,President&CEO of Corpus Christi Regional Economic Development Corporation,General Manager of American Bank Center and Athletic Director of Texas A&M University Corpus Christi or designee. Appointments will be for two-year staggered terms.No person may serve as a voting member of the Board for a period longer than six years consecutively,unless such service is required by virtue of the person's position or title or to complete an unexpired term.The CCCVB always shall nominate one(1)more individual than the number of positions available in each category.The City Council will provide serious consideration to the Board's recommendations,but it is not restricted to select members submitted by the CCCVB or any other group. Member size Term Length Term limit 24 2 years 6 years AppointingName District Term Appt date End date John F Longoria District 4 Partial 9/30/2020 10/1/2021 City Council Resigned Community At-Large Melody Nixon-Bice District 5 3 2/10/2015 10/1/2021 City Council Active Lodging Industry Fred F Soward III District 4 2 5/9/2017 10/1/2021 City Council Active Restaurant Industry Johnny Philipello District 4 2 1/10/2017 10/1/2021 City Council Active Attraction Industry Kendra L Kinnison District 4 2 10/10/2017 10/1/2021 City Council Active Lodging Industry Blanche Candelaria- Other/Non- Morris lResident JPartial 9/29/2020 10/1/2021 1 City Council I JActive I Lodging Industry 4-20-2021 Name District Term Appt date End date Appointing Other/Non- Alex Harris Resident 1 9/29/2020 10/1/2022 City Council Active Community At-Large Daniel R Suckley District 4 2 9/11/2018 10/1/2022 City Council Vice-Chair Active Community At-Large Sam Canavati District 5 2 9/11/2018 10/1/2022 City Council Active Community At-Large Ed Cantu District 5 3 2/9/2016 10/1/2022 City Council Chair Active Community At-Large Other/Non- JenniferJ Vela Resident 1 9/29/2020 10/1/2022 City Council Active Attraction Industry Richard Lomax District 4 1 9/29/2020 10/1/2022 City Council Active Restaurant Industry Mitchell Davis Kalogridis District 4 1 9/29/2020 10/1/2022 City Council Active Attraction Industry Ex-Officio,Non- American Bank Center General Matt Blasy 1 N/A N/A America Bank Center voting Active Manager State Representative Ex-Officio,Non- State Representative District 34 or Abel Herrero 1 N/A N/A District 34 voting Active designee State Representative Ex-Officio,Non- State Representative District 32 or Todd Hunter 1 N/A N/A District 32 voting Active designee Texas A&M University- Ex-Officio,Non- Texas A&M Athletic Director or Jon Palumbo District 4 1 N/A N/A Corpus Christi voting Active designee Ex-Officio,Non- Corpus Christi Regional Economic Iain D Vasey District 5 1 N/A N/A CCREDC voting Active Development Corporation Fred Segundo N/A N/A N/A City Council Ex-Officio,Voting Active C.C.International Airport Corpus Christi Hooks General Brady Ballard 1 N/A N/A Corpus Christi Hooks Ex-Officio,Voting Active Manager Michael T.Hunter 1 8/14/2019 N/A Ex-Officio,Voting Active Mayor Joe McComb's Rep. Ex-Officio,Non- Lisa Hinojosa District 4 1 N/A N/A City Council voting Active Port of C.C.Authority Peter Zanoni 1 N/A N/A Ex-Officio,Voting Active City Manager or designee Ex-Officio,Non- Jorge Cruz-Aedo N/A N/A N/A City Council voting Active Regional Transportation Authority 4-20-2021 CORPUS CHRISTI CONVENTION &VISITORS BUREAU Applicants Name District Status Category Christopher O Ardueser District 5 Applied At-Large Ulysses Arrigoitia District 1 Applied At-Large At-Large Steve Banta District 5 Applied Attraction Industry Laura M. Commons District 2 Applied At-Large At-Large Hotel Industry Brandon Crowson District 4 Applied Restaurant Industry Other/ Non- At-Large *Lance N Hancock Resident Applied Attraction Industry Mourad Hasbaoui District 3 Applied At-Large At-Large Paul E Hatridge District 5 Applied Restaurant Industry At-Large Linda Lindsey District 4 Applied Hotel Industry At-large Sara Sells Morgan District 4 Applied Attraction Industry Ramon J. Pineda District 4 Applied At-Large At-Large Carol Rehtmeyer I District 4 jApplied lAttraction Industry *Non-Residents allowed CITY OF CORPUS CHRISTI Submit Date: Jan 16, 2021 Application for a City Board, Commission, Committee or Corporation Profile Christopher O Ardueser ,_ .. Middle Initial Last Name Email Address 5421 Whitemarsh Dr Street Aderess Corpus Christi TX 78413 State Postal Code What district do you live in? W District 5 Current resident of the city? Yes r No 1f yes, how many years? 7 Mobile: (303) 915-7323 Home: (303) 915-7323 .....^ate Ph;_ -, AGDA Consulting Owner Jod Tine Work Address - Street Address and Suite Number 615 N Upper Broadway Suite 623 Work Address - City Corpus Christ Work Address - State Texas Work Address - Zip Code 78401 I'hrictnnhnr C) Arriiiincar Dnno 1 of A Work Phone 303.915.7323 Work E-mail address chris.agdaconsulting@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted ETHICS COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted PLANNING COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? (-. Yes r' No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Graduating with a Doctorate in Business Admisntraitn in May 2021 from the University of the Incarnate Word. Publications in leadership. Research in management, leadership, ethical leadership, operations strategic leadership. Chamber Champion If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, Human Relations Commission, Port Of Corpus Christi Authority Of Nueces County, Tx, Corpus Christi Business And Job Development Corporation, Ethics, Planning Commission Why are you interested in serving on a City board, commission or committee? I have now been gifted the time to be able to give back to my community. I feel I have a skill set that will help this great community continue to move forward with strategic thought, analysis, and planning. I have always enjoyed being part of a team that is goal-oriented and making moves for the future. ('hrictnnhor () ArAiocor Dnno 7 of C, Uolcad a%SUMe Are you an ex-Officio member of a City Board, commission or committee? Yes (.- No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (-. No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (-. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No rrhric+nnhor n Arrhuacnr Dano Q of F If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes r No Question applies to PORT OF CORPUS CHRISTI.AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r• Yes r No Quast;on,applies to Tultiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r•' Yes r No ('hrictnnhor n Orrh incor Dano A of r, Quest on applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? 9 Agent Employee or Tenant Question applies to PLANNING COMMISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? (.- Yes (- No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. J I Agree ('hrictnnhor n Arrbinenr Dfano C; of F Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (`hrictnnhnr n Arriiiocnr Dawn A of A Christopher Ardueser, MBA Location: Corpus Christ,TX, USA Phone: 303-915-7323; Emai Personal Description Doctoral candidate and business owner leads, manages, develops and advances companies, teams and the employees. Believes in strong mission, visions, values and goals and development based in them. With a skill set that includes Entrepreneurial Thinking, Leadership Skills, Strategic Planning, Data Analysis, Customer Service, Communication Skills, P&L Analysis, Training and Development, Product & Cost Control, Sales&Marketing, Supply Chain Management and Future Company Development. Current Doctoral Student that focusses in operations with a direct interest in development through strategic thought processes, strategic leadership,management and thinking. Education University of the Incarnate Word, San Antonio,Texas Doctorate in Business Administration,expected May 2021 Colorado State University, Fort Collins, Colorado MBA, May 2016 Metropolitan State University of Denver, Denver, Co BA—Hospitality: Restaurant Administration, May 2006 Research Interests Ethical Leadership Leadership and Management Strategic Operational Leadership Outcome Driven Management Operations in Multi-Unit Medium Sized Firms Family Style of Leadership Practices YOUR NAME Publications & Conference Presentations "Traits of Effective Leaders: A Literature Review"October 2020. DOI: 10.52 81/zenodo.4268623 ABSTRACT: Utilizing research to identify an effective leader is essential for creating a strategic business operational leadership model. The purpose of this literature review is to focus on select objective and less objective traits of leadership among individuals who are in those positions. We explore literature on objective leadership traits such as gender, age, education level, and job satisfaction level and on the less objective traits such as integrity, energy level, and business knowledge, among others. The goal is to evaluate the hypothesis that some, if not all, of these traits contribute significantly to effective leadership by analyzing the available literature about traits of an effective leader. We will explore the theories that have been proposed on this subject in the literature, identify to what degree researchers have investigated these theories, and try to confirm which of these traits continue to significantly be related to successful leadership. The purpose of this paper is to generate a thorough literature review which can later provide a reliable platform for further qualitative, quantitative, or mixed-methods research to create standards that business practices can utilize as a model for leadership identification and integration. 19th International RAIS Conference on Social Sciences and Humanities 21S`International Online RAIS Conference on Social Sciences and Humanities Research in Progress "Finding the Common Management Across Multigenerational Management" Completion January 2021. "Leadership Through Followers" Completion April 2021 Professional Experience AGDA Consulting, Corpus Christ, Tx, 2020-Cuurent Owner/Lead Consultant Run,develop and grow a consulting and coaching firm that specializes on strategic operations, leadership and management. Hester's Cafe, Corpus Christi, Tx,2015-2020 Director of Operations Hired as General Manager for Cafe Division and promoted to Director of Operations for entire company, entrusted with all decision making and development of the company along with advising directly to the owners. YOUR NAME Red Tank Ranch, Corpus Christi, Texas, 2019- Current Consultant Provide Consulting for the operations and start up for cattle ranch, exotic hunts and trophy deer hunts. Advised and consulted on pipelines,water rights and wind farm opportunities and contracts. Analyzed data to ensure maximization of resources. Remain under contract for quarterly advisement. Fuze Colorado Catering, Arvada, Co, 2008-2015 Owner An organically grown company that required my attention for all aspects of the company, from the business side to the culinary side. As the company grew procedures were developed for employees to take on different roles in the company. Sales were increased from less the S 100,000 in the first two years to just under a million dollars in revenue at time of sale. Chapter President National Society of Leadership and Success,Current Chapter President Colorado Restaurant Association,2005-2006 References Dr Lehenbauer Professor of Business, School of Professional Studies, University of the Incarnate Word, 2301 Broadway, San Antonio, TX 78229 Lehenbau@uiwtx.edu 972-896-7430 Jason Rodriguez Owner Hester's Caf6 1714 S Alameda Corpus Christi, Tx 78411 hesterscafecc@gmail.com 361.885.0558 Dr Chase Young, PhD Professor of Early Childhood development Sam Houston University 214.868.8025 Dr Jose Trevino, MD Owner and Doctor of Anesthesiology and Pain Management 361.876.7134 YOUR NAME CITY OF CORPUS CHRISTI Submit Date: Sep 28, 2020 Application for a City Board, Commission, Committee or Corporation Profile Ulysses Arrigoitia First Name _ Last Name Email Address 802 S. Carancahua#425 Street Address Corpus Christi TX 78401 City Sta`e stal Code What district do you live in? W District 1 Current resident of the city? (.- Yes (- No If yes, how many years? 2 Mobile: (860) 713-9504 Business: (361) 857-0998 Primary Phcne Alternate Phone Spectrum Reach Manager mciover Jcc`Ile Work Address - Street Address and Suite Number 4060 SPID Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78411 1 Ilxiccoc Arrirvnitin Dnrro 1 of r; Work Phone 361.857.0998 Work E-mail address ulysses.arrigoitia@charter.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) High School If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) None Why are you interested in serving on a City board, commission or committee? I can contribute with marketing and advertising expertise. Are you an ex-Officio member of a City Board, commission or committee? r Yes (- No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Ihiccoc Arrinnitin Dano 7 of 1� Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes s No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (-. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes � No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r• Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. Working with water department marketing creative services. Board-specific questions (if applicable) 1 11weenc Arrinnitin Dona Z of 1� Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. IW I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences From more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Ilvccoc Arrinnitin Darin A rif t. Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ilxrccoc Arrinnitin Dnrvo 1� of 1� CITY OF CORPUS CHRISTI Submit Date:Apr 01, 2021 Application for a City Board, Commission, Committee or Corporation Profile Steve Banta First Name Last Name Emal Address 4833 Wooldridge Rd. Street Address Corpus Christi TX 78413 at Stage Posial Cede What district do you live in? W District 5 Current resident of the city? r•' Yes r No If yes, how many years? 7 Mobile: (904) 472-7443 Business: (361) 888-4873 P-nary PnoreAL.. -terra' ,e?neve USS Lexington Museum Executive Director molo'•ver .Jcd Tile Work Address - Street Address and Suite Number P.O. Box 23076 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78403-3076 Ct1awn Rnntn Dano 1 of 1; Work Phone 361-888-4873 x310 Work E-mail address steveb@usslexington.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted HOUSING AUTHORITY: Submitted Interests & Experiences Are you a registered voter? (-. Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: My term on the Housing Authority board expires on April 27, 2021. Education, Professional and/or Community Activity (Present) - Retired Navy. Last job held was Commanding Officer of NASCC. - Member of the South Texas Military Task Force. - Member of TIRZ#4. - Member of CC Rotary. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? My position on the LEX, one of the premier tourist attractions in Corpus Christi, makes me uniquely suited to serve the city on the VCC board. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Ctovo Rnntn Dario 9 of 1� No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (.- No Do you, your spouse, your business or your spouse's business have a City contract? Yes (.- No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c- Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c- Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. if you answer "No" to all questions above, please enter NSA. N/A Board-specific questions (if applicable) Ctolio Renta D�rro 2 of Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 1 I Agree Cto%io Rnntn Dano it of C� Consent for Release of information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ctown Pnntn Dnrin 1� of r, CITY OF CORPUS CHRISTI Submit Date: Apr 04, 2021 Application for a City Board, Commission, Committee or Corporation Profile Laura M. Commons First Name Middle Initial Last Name Email Address 502 Delaine Dr. Street Address Corpus Christi TX 78411 City Stale Postal Code What district do you live in? W District 2 Current resident of the city? (.- Yes (- No If yes, how many years? 50 Mobile: (361) 834-8724 Home: (361) 225-7900 P"71ar,Php'e .Alterra'.e Phone Keller Williams Coastal Bend Realtor Emolaier Jeb-tie Work Address - Street Address and Suite Number 4518 Everhart Rd., suite 101 Work Address - City Corpus Christi Work Address - State Tx Work Address - Zip Code 78411 1 ni irn AA ('nmmnnc Dano 1 of I^ Work Phone 3612257900 Work E-mail address commons.kw@gmaiI.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted ETHICS COMMISSION: Submitted Interests & Experiences Are you a registered voter? (-. Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Real Estate license/Del Mar College, Past President of CASA of the Coastal Bend, current board member of CASA of the Coastal Bend, past Chairman of the Corpus Christi Landmark Commission, past Chairman of the Corpus Christi Human Relations Commission, Fiesta De Los Ninos Co-Chairman 2017, Class of 45 graduate of Leadership Corpus Christi, Class of 48 Leadership Corpus Christi Steering Committee, 2016 Texas Realtor Leadership program If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Airport Board CC Convention &Visitors Bureau Ethics Commission Why are you interested in serving on a City board, commission or committee? My interest in travel & my desire to contribute to making Corpus Christi a sought after travel destination for tourists &to serve my beautiful city that has given so much to my family. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No ni irn KA (�nmmnnc Dnrro of 1; No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? rYes rNo Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. if you answer "N4" to all questions above, please enter N.A. N/A Board-specific questions (if applicable) ni irn AA r nmmnnc Dorm Z of C� Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes (- No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree I ni irn KA ('nmmnnc Dnryo n of C City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. i understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree I ni irn AA r�nmmnnc Dano 1; of CITY OF CORPUS CHRISTI Submit Date: Mar 10, 2021 Application for a City Board, Commission, Committee or Corporation Profile Brandon Crowson First Name Last Name Email Address 8110 Denali Dr street Address Corpus Christi TX 78414 cl''i stave �sral Co:ie What district do you live in? W District 4 Current resident of the city? r Yes (- No If yes, how many years? 25 Mobile: (361) 585-9977 Home: (361) 585-9977 P,imary Pha^o Alta—ate Phc,..e IBC Bank Senior Loan Analyst Employer Joo Tale Work Address - Street Address and Suite Number 221 S Shoreline Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 RrnnrJnn r rn%Aicnn D�3rro 1 of A Work E-mail address brandoncrowson@ibc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted BOARD OF ADJUSTMENT: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CORPUS CHRISTI COMMISSION ON CHILDREN &YOUTH: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted ETHICS COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted PLANNING COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? rYes r' No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve currently on a City board. Why are you interested in serving on a City board, commission or committee? I am a young professional seeking involvement in the city to help support and serve my community. zoic_ Are you an ex-Officio member of a City Board, commission or committee? (- Yes (-- No Rrnnrinn (`rn1A1Cnn Dnrro r,f F No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (-. No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYesr•- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "N4" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Rrnnrinn ('rnlnicnn [)nma of F. Queston applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r' Yes ,: No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COI`,IMISSION Have you resided in the City for at least 3 years? r Yes r• No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? r• Yes (-- No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMPASSION Are you over 25 years of age? Yes r• No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you a U.S. Citizen (-- Yes r' No Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? W Financial Institutions Queston applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? • Hotel Industry • Restaurant Industry Quest n applies to HUtvON RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Rronrinn r'rnXAicnn Donn it of r, Queston applies to PORT OF CORPUS CHRISTI.AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes (­ No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? (.- Yes r No Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Adult At-Large Quest`on applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Resident Question applies to PLANNING COMM ISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? r- Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree RrmnrJnn ('rn%nicnn Oinma 1; of r, City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Rrnnrinn ('rn1A1Cnn Dano C, of A BRANDON CROWSON 8110 Denali Dr, Corpus Christi, Texas 78414 - 361-585-9977 Detail-oriented professional with experience in hospitality operations management, strategic planning, marketing, and training development. Natural leader with the ability to lead teams to process and manage large volumes without compromising service and quality. Excellent communicator with the ability to identify problems and organize solutions to gain revenue for overall budgeting. SKILLS Communication (Verbal & Written) Service Oriented Adaptability Strong Work Ethic Goal Oriented Organization High Stress Tolerance Critical Thinking - Decision Microsoft Office Making Training & Development Public Speaking Independent EDUCATION 2014 - 2019 BACHELOR OF BUSINESS ADMINISTRATION - MANAGEMENT, TEXAS A&M UNIVERSITY - CORPUS CHRISTI 01-2019 - PRESENT BACHELOR OF BUSINESS ADMINISTRATION - ACCOUNTING, TEXAS A&M UNIVERSITY - CORPUS CHRISTI EXPERIENCE 01-2020 - Present DIRECTOR - OPERATIONS, DIAMOND BEACH HOLDINGS — WAVES RESORT CC • Guided training and development of employees to increase employee morale • Reduced operating costs by 25% by negotiating price points with multiple vendors • Achieved high guest satisfaction rates • Initiated and led a cross functional team of management team members to enhance guest experience • Developed and implemented Sales and Marketing campaigns that include web, print, and social media platforms to increase property revenue • Analyzed financials to ensure proper budgeting between property departments • Directed and developed a staff of 4 managers, 2 supervisors, and 150 seasonal BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 - 361-585-9977 now associates to achieve the organization's vision. • Processed Accounts Payable transactions which included generating checks, organizing, distributing, and month end journal entries. 12-2018 - 12-2019 DIRECTOR - OPERATIONS, PORT ROYAL OCEAN RESORT • Budget preparation and cost analysis reporting • Lead teams in high profile and volume events • Achieve high guest satisfaction during peak/non-peak seasons • Responsible for operations within the Food and Beverage and Guest Services Departments • Developed and implemented Sales and Marketing campaigns that include web, print, and social media platforms • Directed and developed a staff of 2 managers, 3 supervisors, 12 FOH employees, and 35 seasonal student associates to achieve the organization's vision. 06-2017 - 12-2018 FOOD AND BEVERAGE MANAGER, PORT ROYAL OCEAN RESORT • Assisted in hiring and training of F&B employees for all levels including hourly and leadership positions. • Prepare annual and monthly budgets, cost analysis, employee performance reviews, and additional quarterly and weekly department progress reports. • Oversee administrative tasks, including reporting, training, equipment and food ordering, maintenance, and other needs as they arise. • Responsible for directing all aspects of catered events including menu development, contracts, and vendor relations. • Interact daily with hotel and dining guests to promote brand and accept feedback. • Maintain communication with management staff of hotel and operation directors. • Reduce food, liquor and supply cost significantly and maintained a consistent 28% food cost and 16% liquor cost, by implementing policies and inventory control. • Through cross training, integrated personnel to maximize efficiencies and maintained low employee turnover. • Created detailed events for groups (Banquet Event Order) 07-2016 - 06-2017 FOOD & BEVERAGE SUPERVISOR, PORT ROYAL OCEAN RESORT • Managed staff of up to 30 service and kitchen, including hiring, training, and scheduling • Responsible for assisting in all aspects of catered events including menu 2 BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 361-585-9977 development, contracts, and vendor relations • Responded to sales and catering inquiries, scheduled site tours and met with potential clients to educate and sell them on the services that the hotel offers. • Coordinated with the catering and banquet staff to ensure the efficient execution of all events. • Hire, train, schedule catering staff, and actively involved with labor cost control, food cost control, and preparation, transportation, setup, operation and break-down of all events. 3 CITY OF CORPUS CHRISTI Submit Date:Jul 31, 2020 Application for a City Board, Commission, Committee or Corporation Profile Lance N Hancock First Name Midale Indial Last Name Email Address 4005 Ridge Trail Street Address Robstown TX 78380 C;ty State Postal Code What district do you live in? W Other/Non-Resident Current resident of the city? r Yes r No Mobile: (832) 205-4482 Business: (361) 221-0828 Primary Phone Alternate Phcne General Manager Retail King Ranch Operations Lmcloier Jco-ale Work Address - Street Address and Suite Number 201 E. Kleberg St Work Address - City Kingsville Work Address - State Tx Work Address - Zip Code 78363 Work Phone 3612210828 I nnnn ISI I-InnrnrL- Dano 1 of 1:� Work E-mail address Ihancock@king-ranch.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? (.- Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am currently the Chairman of the Hotel Occupancy Tax and Visitor board in Kingsville Texas. I will only be serving on that board through one more meeting and then will be replaced by one of my manager's that works for me. Education, Professional and/or Community Activity (Present) I have a BBA in Accounting from Sam Houston State University and I also have my MBA with a specialization in Accounting from Sam Houston State University. I participate in several events through Robstown Hardware and the other business I manage as it relates to community involvement. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am interested in the Visit Corpus Christi Board. Why are you interested in serving on a City board, commission or committee? I work very closely with Visit Corpus Christi on a number of projects and feel I can be a valuable asset as the city continues to grow the outreach of the Coastal Bend. I am very well versed in tourism and retail as I manage both on a daily basis. JL'I�aC Are you an ex-Officio member of a City Board, commission or committee? Yes r• No I nnno IV Wnnnnr•I- Dnno 9 of 1� No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes (-. No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r• Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r• Yes (-. No Does your employer or your spouse's employer have a City contract? r' Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r' Yes r: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r• Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter NIA. N/A Board-specific questions (if applicable) I nnno fel I-Innrnrle Dnrvo Z of 1:� Question applies io CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree I nnro fel WnnrnrL- Dano A of 1:� Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree nnr-n IU Wnnrnrrl, Dario C� of 1:� LANCE HANC OCK 4005 Ridge Trail Robstown,TX 78380 832.205.4482 PROFESSIONAL EXPERIENCE King Ranch, Inc.. Kingsville, TX 2016- Present General Manager Retail Operations • Responsible for the retail operations of King Ranch which include the King Ranch Saddle Shop, Robstown Hardware Co., King Ranch Visitor Center, King Ranch Museum, and co-branding relationships with Ford, Lucchese, Textron, and others. • Manage multiple store front locations, e-commerce websites, social media platforms, email marketing and overall marketing budgets. • Manage and supervise 100+ employees across agriculture, high end luxury retail goods, and visitor experience industries. • Report directly to CEO and Board of Director's for King Ranch, Inc. • Responsible for the strategic plans of retail operations and communication of these plans to executive management and board. • Currently managing three different construction projects for retail operations. • Interact with a wide array of community leaders at both the city and county levels. • Responsible for all social media and marketing efforts of every retail operations plus the corporate King Ranch social media accounts. King Ranch, Inc.. Houston, TX 2012- 2016 Assistant Corporate Controller/Retail Controller • Responsible for the monthly and quarterly corporate accounting including consolidation and elimination,journal entries, as well as financial schedules, narratives, and variance analysis. • Manage the accounts payable, accounts receivable, and fixed asset departments of the Company. • Responsible for accounting of mineral interests on the Ranch (approx. 450 operating wells). • Prepared corporate and mineral budget every year. Also consolidated business segment budgets and was involved in executive budgeting process with the various business segments. • Managed both internal and external auditors during the year. Prepared the annual report including financial disclosures and concept layouts. • Prepared all Board of Director's presentations quarterly, consolidated and formatted presentations for the annual stockholders forum for the Company. Involved in meetings to discuss theme of Board meetings and direction of annual stockholder meeting. • Involved in strategic planning meetings within the Company throughout the year. Also have been a presenter to stockholders of the Company. • Involved in risk management for the Company including the annual renewal program with our insurance broker, including several presentations to underwriters. • Work on several special projects within various segments of the Company including our retail, cattle, and pecan operations. Able to manage several different projects while also handling day to day duties of the corporate accounting office. Lance Hancock • Page 2 - • Have been involved in due diligence for acquisitions of the Company. • Highly motivated and have been commended on the work I have performed within the Company including performance evaluations from upper management. • Performed an ERP implementation of NetSuite for one of our Retail operations. Ernst & Young_ , LLP, Houston, TX 2008- 2012 Audit Senior • Organize, execute, and supervise Integrated Audit Procedures for Fortune 500 companies, for Sarbanes-Oxley 404 Compliant Public Companies, and for private companies with revenues ranging from$4 million to$38 billion. • Perform manager duties on the Hess Corporation E&P audit as an experienced senior auditor. • Supervise and train junior staff and seniors. Directly manage people throughout numerous engagements, including Hess Corporation, Legend Natural Gas, and WildHorse Resources. • Consistently exceeded expectations on performance evaluations for both quality of work and people interaction. Performed senior duties as a staff, and manager duties as a senior. • Excellent client relations. • Lead budget discussions with senior management and the client. • Diverse audit experience including Oil & Gas, Manufacturing, and Food Services. • Experience with start-up companies with large growth through acquisitions and private equity firms. • Lead two engagements on first year audit clients with plans for IPO's in the near future. Helped implement 404 compliance, set accounting policies, format and draft SEC financial statements. EDUCATION/HONORS MBA, emphasis in Accounting, Sam Houston State University, Huntsville, TX, 2008 (3.50 GPA) BBA—Accounting, Sam Houston State University, Huntsville,TX, 2007(3.10 GPA) Southland All Conference Football Player(Junior& Senior Year) Academic All Conference Football Player(Freshman-Senior Year) Dean's List, (Fall 2005) SKILLS Windows XP, Microsoft Office, Quickbooks, Ernst&Young, LLP proprietary auditing software, Infinium A/S 400, NetSuite, JD Edwards CITY OF CORPUS CHRISTI Submit Date: Jul 16, 2020 Application for a City Board, Commission, Committee or Corporation Profile Mourad Hasbaoui First Name Last Name Email Address 4642 Ramona Dr Street Adaress Corpus Christi TX 78416 ,t Sta`e postai Code What district do you live in? W District 3 Current resident of the city? (-. Yes t^ No If yes, how many years? 14 years Mobile: (361) 429-3170 Mobile: (361) 429-3170 -mar,?hone Altema"•.e Phrne AutoNation Chevrolet North Corpus Christi Service Coordinator Emboder Jo---de Work Address - Street Address and Suite Number 2118 South Padre Island Drive Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78416 KAni rrnrl Wnchnnr d Dano 1 of r, Work Phone 361-884-5234 Work E-mail address hasbaouim@autonation.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? (-. Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Member of Board of Directors of World Affairs Council of South Texas If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Convention &Visitors Bureau Why are you interested in serving on a City board, commission or committee? I have been living in Corpus Christi for almost 14 years. I love this city because it made me feel so welcome and also it shaped my personality. I want to give back to the city and the community . Are you an ex-Officio member of a City Board, commission or committee? c Yes r• No KArmrnrl Wnchnni d Dnrro 7 rnf No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (.- No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes � No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. . N/A Board-specific questions (if applicable) AAnt irnrl Wnchnni si Dnno Q of 1; Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector` of Nueces County? r Yes (- No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? (.- Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree KAni irnrl Wf:ichnni ii Dano A of f1 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAni irarl Wachnni ii Dario 1; of 1� Mourad Hasbaoui 4642 Ramona Dr. Corpus Christi, TX 78416 T (361) 429-3170 PROFILE I am a multi-faceted, efficient, reliable administrative professional with 9+ years of experience supporting executives, sales and management for the improvement of internal operations for a national business. EXPERIENCE Conn's Home Plus; Corpus Christi, TX. Sale Associate August 2008 -September 2015 Provided face to face assistance to customers through the buying process that includes merchandise selection, payment and finance options. • Make telephone calls to existing and potential customers to generate business Ability to assist with merchandizing and store product set-up. Conn's Home Plus; Corpus Christi, TX. Assistant Manager of Sales—September 2015—December 2017 • I managed 50+ employees with relation to monitoring of all sales productivity and profitability. • Assist with internal problem solving and assisted sales staff with any high-level customer services issues. • Managed company merchandising and product inventory oversight to maximize corporate revenue. • I assisted with hiring and placement of adequately skilled sales associates. • Trained staff in all functions related to customer service, retail sales aspects for increased company profits, implementation of company policy and procedures. • Assisted low performing sales staff with skills development and performance improvement strategies. • Assisted executive leadership team with establishing creative strategies for optimizing internal operations, financial returns, external customer services and output. AutoNation Chevrolet North Corpus Christi Sale Consultant - December 2017- December 2018 • Providing an exceptional service throughout the customer's entire purchase process. • Effectively communicate with customers in person, over phone or e mail to discover customer's needs. • Listening to the customer and providing a consultative approach to help with the completion of the process. • Make sure all the steps of the process (appraisal drive and presentation of the vehicle) go smooth Service Coordinator- December 2018-Present • Working with sale associates, sale managers, service advisors and financial manager to provide a professional customers service and support the Company's vision and mission. • Driving business via level of an engagement with customers • Working closely with management to identify current promotion, inventory needs and communicate those promotion to customers. EDUCATION Del Mar College, Corpus Christi, TX • Political Science Associate Degree Fall 2019 • Criminal Justice Associate Degree Fall 2019 • Bachelor of Science: Register for Fast Track Spring 2020 at University of Houston-Victoria majoring in Political Science with concentration in Pre-Law SKILLS • Have excellent customer service and communication skills. • Maintained excellent profits and was able to manage the decrease in corporate financial • Exceptional team worker attitude and maintained good working relationship with all staff. • Keen understanding of the Middle East and the Muslim world :ountries Strong proficiency in knowledge of current domestic and foreign policy of Arab • Deep comprehension of the Arab- Israeli conflict. Languages 0 Arabic- Modern Standard • Arabic-Moroccan • Arabic-Egyptian • Arabic- Levantine • French • English Groups and Nonprofit Organizations • Moroccan Center for Intellectual Development • Member of the board directors of the World Affairs Council of South Texas • Student Government Association at Delmar College • American Political Science Association CITY OF CORPUS CHRISTI Submit Date: Aug 05, 2020 Application for a City Board, Commission, Committee or Corporation Profile Paul E Hatridge First Name Middle Initial Last Name Email Address 6026 Lost Creek Dr. Street Address Corpus Christi TX 78413 City Sate Fsstal•,ode What district do you live in? W District 5 Current resident of the city? r Yes r No If yes, how many years? 52 Mobile: (361) 563-6287 Business: (361) 993-7258 Pr;mary Phone Alternate Thule SaltWater Grill Owner Emoloyer Jdn-.tle Work Address - Street Address and Suite Number 2401 Cimarron Blvd#101 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78414 Mini d P Wf3trirlruo Dano 1 of C� Work Phone 3619937258 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BBA, Marketing/Management, Corpus Christi State University Why are you interested in serving on a City board, commission or committee? I have worked in the Restaurant business as an employee and as an owner most of my adult life. I would be honored to serve on this board to help promote the growth of the hospitality industry in Corpus Christi. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Demographics Gender J Male Code of Ethics- Rules of Conduct/Conflicts of Interest Dni d G Wntririno Dano ) of 1� Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question appl-es to CORPUS CHRISTI CONVENTION&VISITORS BURPAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Dni d D WntrirJno Dano Q of r; Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Dni d G Wntrirlrvo Dnrvo A of Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dmi d r Wntririno Dnno C� of 1; CITY OF CORPUS CHRISTI Submit Date:Jul 25, 2020 Application for a City Board, Commission, Committee or Corporation Profile Linda Lindsey First Name east Name Email Address 3002 CEDAR SPRINGS RD. Street Address CORPUS CHRISTI TX 78414 City S'•.a?e P35tal%ode What district do you live in? W District 4 Current resident of the city? r Yes (- No If yes, how many years? 17 Mobile: (830) 591-8212 Home: (830) 591-8212 Pnmary Pore Altern:ale Phone A&M Supervisor of Student Teaching Emoloier ioo T:tle Work Address - Street Address and Suite Number A&M Kingsville Work Address - City Corpus Christi area Work Address - State Texas Work Phone 8302795099 1 inrin I inricdaw Work E-mail address Linda.lindsey@houstonisd.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? (-. Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) RETIRED TEACHER/COACH (33 YEARS) - UNDERGRADUATE FROM TEXAS TECH UNIVERSITY 1985 UNDERGRADUATE PHYSICAL EDUCATION TEXAS A&M UNIVERSITY-CORPUS CHRISTI 1998 MASTER'S DEGREE IN EDUCATIONAL ADMINISTRATION 24 GRADUATE HOURS IN SPECIAL EDUCAITON - MY PASSION IS FACILITATING STUDENTS AND SPECIAL NEEDS PERSONS TO BE "THE BEST THEY CAN BE"THROUGH EDUCATION, SPORTS, RECREATION AND COMMUNITY INVOLVEMENT. HUSBAND IS RETIRED MILITARY CURRENTLY WORKING OVERSEAS. INVOLVED WITH 2ND BAPTIST CHURCH CC If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Island Stategic Action CC Visitor/Tourism Why are you interested in serving on a City board, commission or committee? As a Ling time educator/coach , I have seen first hand the importance of a positive, vibrant community. Are you an ex-Officio member of a City Board, commission or committee? r- Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? c: Yes r~ No inrin I inricdaw Demographics Ethnicity W Caucasian/Non-Hispanic Gender J Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? c- Yes (-- No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "N4" to all questions above, please enter N/A. I do not have any of these connections. Board-specific questions (if applicable) inrin I inricaw Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Hotel Industry Question applies to ISLAND STRATEGIC ACTION COMMITTEE iSAC preferred representatives from certain categories. Do you qualify for any of the following categories? * • Residential Property Owner (Who owns property and resides on Mustang or Padre Island) • At Large Representative who is a City Resident Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree I inrin I inrJcnx/ Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree I inrin I inrlcoxi CITY OF CORPUS CHRISTI Submit Date:Aug 03, 2020 Application for a City Board, Commission, Committee or Corporation Profile Sara Sells Morgan First Name Middle Initial Name Email Address 311 Bayshore Drive Street Address Corpus Christi TX 78412 cty State Postal Code What district do you live in? W District 4 Current resident of the city? (-. Yes (- No If yes, how many years? 29 Business: (361) 825-3507 Mobile: (361) 960-1831 P^mary P^o e Alternate Phone Art Museum of South Texas Director Emolover jou-ele Work Address - Street Address and Suite Number 1902 N. Shoreline Blvd. Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 Cara Colic Unrnnn D!arvo 1 of Work Phone 361/825-3507 Work E-mail address sara.morgan@tamucc.edu Preferred Mailing Address W Work Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r• Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am not serving on any City boards, commissions or committees at this time. Education, Professional and/or Community Activity (Present) Post Graduate Certificate in Museum Leadership, Getty Leadership Institute, Claremont Graduate University, 2016 Bachelor of Arts in Art History, University of California-Santa Barbara, 1986 1 have served on or worked with the following boards: CASA, Kappa Alpha Theta, Church of the Good Shepherd, Ronald McDonald House, Charity League, Trustee of the Art Museum of South Texas, Coastal Bend A.I.D.S. Foundation Why are you interested in serving on a City board, commission or committee? I am interested in serving on the Convention and Visitors Board in order to promote tourism activities available in the Corpus Christi area that bring visitors to our region. Tourism growth translates to increased economic opportunities for our community. Are you an ex-Officio member of a City Board, commission or committee? r Yes (.- No Cern Colic AAnrrvnn Dano 7 of 1; No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. No response necessary since I answered "no"to the above questions. Board-specific questions (if applicable) Cnrfa Colic AAnrnnn Dfano 2 of Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? I,7 Visual Arts (painting, sculpture, arts media) • Public Art/Public Space Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Cern QtAc hAnrnnn Dano A of 1:� City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Carrs Qnllc Unrnan Dnrro 1; of L:� SARA SELLS MORGAN 361.825.3507 • sara.morgan@tamucc.edu PROFESSIONAL SUMMARY Experienced museum professional with a demonstrated history of working in the fine art industry. Skilled in non- profit organizations, contemporary art, museums, event planning, and arts administration. Proactive and curious mindset. Prevent issues with creative, hands-on solutions built on deep understanding of successful business practices. Bachelor's degree focused in Art History, Criticism and Conservation from University of California, Santa Barbara with a post-graduate certificate in Museum Leadership from Getty Leadership Institute, Claremont Graduate University, Claremont, California. WORK HISTORY ART MUSEUM OF SOUTH TEXAS- CORPUS CHRISTI,TEXAS Director, December 2020 to current Interim Director,June to December 2019 Assistant Director,August 2013 to June 2019 - Responsible for all operations of Art Museum of South Texas as Interim Director. - Manage day-to-day business operations and make strategic decisions. - Attend events to develop professional network of potential donors. - Cultivate donors and solicit gifts. - Plan and organize special events, solicit private and corporate sponsorships to reach financial targets. - Work with Curatorial Department on temporary exhibitions and Permanent Collection. - Project management for exhibitions and programs. - Served as representative for AMST with professional, business and civic groups, community organizations and individuals. - Oversee financial records -track, monitor, submit and approve documents for departmental budget. - Assist with government and grant reporting. - Train and mentor new employees on industry practices and business operations. - Direct impactful social media presence, offering content relating to fundraising campaigns and organizational objectives. - Coordinate Board of Trustee meetings. - Assist as staff liaison to Board and represent staff on various Board Committees. - Oversee taxes, invoices and donor related reports. - Review and prepare monthly financial reports for management and Board. - Provide information and schedules for audits. - Provide information and financial data for Finance Committee. - Supervise and coordinate general office, facility and gift shop operations. - Assist with project management on various projects. - Serve as staff liaison to TAMU-CC in areas of Finance and Administration, providing reports and information as requesting. - Complete performance evaluations of six direct report staff and maintain personnel records for all staff according to TAMU-CC rules and regulations. TEXAS A&M UNIVERSITY-CORPUS CHRISTI -CORPUS CHRISTI,TEXAS Stewardship Coordinator, 2009-2013 - Planned and executed all donor recognition and stewardship efforts for Institutional Advancement. - Coordinated all aspects of Distinguished Speaker Series, President's Council Art Competition, President's Mardi Gras Ball and other community events. - Prepared department and event budgets. - Prepared and reviewed annual departmental and event reporting. - Prepared and monitored donor appeals. - Supervised Event Coordinating staff. - Advisor for the Student Foundation Association. MORGAN FINANCIAL SERVICES - CORPUS CHRISTI, TEXAS Owner/Manager, 2001-2009 - Maintained high standards of quality through continuous reviews of products and service. - Developed and executed marketing programs and general business solutions resulting in increased company exposure, customer traffic, and sales. ART MUSEUM OF SOUTH TEXAS-CORPUS CHRISTI,TEXAS Event Coordinator, 1990-1992 - Managed administrative logistics of events planning, including contract signing,fee collection, event booking and event promotions. - Evaluated existing plans, processes and events planning services to identify opportunities for improvement. JAMES GALLERY- HOUSTON,TEXAS Art Consultant, 1989-1990 - Served as Art Consultant for U.S.A.A. National Headquarters in San Antonio. Purchased art for the Executive Offices, Executive Dining Room and common areas. - Supervised commissioned purchases and installations for public works. L.A. LOUVER GALLERY -VENICE, CALIFORNIA Gallery Assistant, 1987-1989 - Art Sales and assist with installation of exhibitions. - Coordination of gallery events and openings. ROGOW AND BERNSTEIN - LOS ANGELES, CALIFORNIA Project Manager, 1986-1987 - Worked closely with design staff and museums to coordinate the execution and installation of museum exhibits. EDUCATION Post Graduate Certificate in Museum Leadership, 2016 Getty Leadership Institute - Claremont Graduate University—Claremont, California B.A. Art History, 1986 University of California -Santa Barbara - Santa Barbara, California PROFESSIONAL AFFILIATIONS Texans for the Arts, Board of Directors American Alliance of Museums Association of Academic Museums and Galleries Mountain-Plains Museum Association Texas Association of Museums Downtown Management District Merchants Association CITY OF CORPUS CHRISTI Submit Date: Mar 18, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr. Ramon J. Pineda Prefix First Name Middle Initial Last Name Email Address 301 Artesian Street Address corpus Christi TX 78401 City Slate Postal Code What district do you live in? *, W District 4 Current resident of the city? (.- Yes r No If yes, how many years? 1 Mobile: (201) 696-7463 Business: (361) 886-6111 Primary phone Alternate Phone Scripps Media General Manager Employer JCe-'Tle Work Address - Street Address and Suite Number 301 Artesia Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 AAr Dmmnn 1 Dinorin Dnrro 1 of 1� Work Phone 361 8666111 Work E-mail address ramon.pineda@kristv.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Board Member Coastal Bend Food Bank Why are you interested in serving on a City board, commission or committee? Be able to contribute tot he growth of Corpus City and utilize Broadcast stations to serve the community when possible. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest KAr Dmmnn l Dinorin Dano '�l of 1:� Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes c No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r•' No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes c' No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Queshcr applies to CORPUS CHRISTI CONVENTIOI\I&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above KAr Damnn 1 Dirinrin Dorm '2 of L� Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. J I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree KAr Dmmnn 1 Dinnrin Dano A of Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree AAr Dmmnn 1 Dinorin Dnno C� of 1:� CITY OF CORPUS CHRISTI Submit Date:Jul 10, 2020 Application for a City Board, Commission, Committee or Corporation Profile Carol Rehtmeyer First Name Last Name Email Address 3304 Floyd Street Street Acdress Corpus Christi TX 78411 City Fate Postal Code What district do you live in? W District 4 Current resident of the city? (.- Yes r No If yes, how many years? 7 Mobile: (630) 287-0900 Business: (361) 826-4654 Primary Phone Aker-ate?hone Friends of the CC Museum Pres/CEO �moloyer Jco--.tle Work Address - Street Address and Suite Number 1900 N CHAPARRAL ST Work Address - City Corpus Christi Work Address - State TX Work Phone 3618264654 r'nrnl Dahtmaxiar Drina 1 of 1� Work E-mail address carolr@ccmuseum.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? � Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) I am a strong community activist with interest in improving the quality of life for Corpus Christi. I currently serve the following boards: President, CBI Sisterhood; Board of Directors, Congregation Beth Israel; Board of Directors, Corpus Christi Ballet;Advisory Board, Botanical Gardens;Advisory Board, Corpus Christi Symphony, Committee- Pops in the Park; Advisory board, Bailando Festival. In coordination with the Ed Rachal Foundation, I assist various not-for-profits that have included the USO NAS, Foster Angels, Botanical Gardens, 3rd Coast Airforce Squadron. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am interested in serving on the CVB board. I also have interest in the Type A Board. Why are you interested in serving on a City board, commission or committee? I seek to offer a broadened vision for improving tourism and retention of visitors in Corpus Christi that goes beyond special events. I am strong at organizational development, increasing visitation and encouraging organizations to collaborate for improved value, sustainability and community engagement. My interest is to improve the quality of life for our community while improving the value we offer to attract corporations, skilled and executive management as well as tourism. While programming and events will bring spurts of attention to our city, long term growth and sustainable value in our community can be achieved through greater focus on our visitor worthy attractions and greater collaborations. I would love to have the opportunity to assist in this effort. JDIr.... r`nrrd Dnrvo ) of Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r- No Do you, your spouse, your business or your spouse's business have a City contract? r Yes <-. No Does your employer or your spouse's employer have a City contract? (.- Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. I work for the Friends of the CC Museum who have a contract with the city for the management of the CC Museum of Science & History. (`nrnl Dnhtmo%ior Dnrvo '2 of 1; Board-specific questions (if applicable) Queston applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree r'nrnl Dohtmowor Dario A of 1� City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (`nrnl Dohtmo%ior Dmmn L:� of C� Carol Rehtmeyer Nit-SE1. NI CEO & EXECI:TIN'E DIRECTOR Corporate Strategy, Community Engagement,Business and Financial Development EXPERIENCE C'ORPL-S CHRISTI NIL`SE['_Nl OF SCIENCE .-kND HISTORN Corpus Christi,Texas President& CEO 10/2018—present • Upon community request,returned to this museum following its 9-month closure,to reposition the museum for not-for- profit management o Developed board,bylaws,and new management structure o Responsible for$2.1M budget,strategic direction,operation,development,and sustainability of the museum o In first 6 months,raised over$350k for museum improvements and additions o Recorded record attendance levels pre COVID-19 o Managed organization through COVID-19 for successful return o Raised$1 M during pandemic for museum sustainability and growth o Established online educational streaming programming o Opened 5 new exhibits with 3 more in development for late 2020 opening ED R.a C H A L F O C N D.-ATION Corpus Christi,Texas Contract CEO for Not-for-profit Organizations 2016-2018 • Provided management and development services to not-for-profit organizations o Served as Interim CEO and Development Officer to successfully re-establish a failing United Service Organization(USO)onboard the Naval Air Station through financial management,programming, and fund development o Created a five-year strategic plan for the South Texas Botanical Gardens to develop multiple revenue streams, raising$500k for implementation of a new garden entrance and Garden Express passenger train o Provided long term planning and development for: Corpus Christi Symphony, Corpus Christi Ballet,CBI Sisterhood and Foster Angels of South Texas,raising over$2M collectively for the organizations CORPLS CHRISTI Nit SEL NI OF SCIENCE AND H1STORN Corpus Christi,Texas Executive Director 2012-2016 • Developed new vision for the nearly 60-year-old museum for a successful turn-around in 18 months o Responsible for the strategic direction and operation of the 100,000 SF facility o Managed a$1.5M budget and 34 employees o Increased attendance by 400% in 2.5 years under my tenure o Tripled net revenue in 2 years o Updated museum look, logos,imagery, and exhibits o Improved gift shop,generating over$100k in annual sales o Established and managed marketing,promotion,revised web presence from 3k likes to over 44k followers o Designed,developed,and gained funding for 5000 sf$3M Children's Science Center o Created and funded an outdoor playground and music garden,valued over$50k o Developed and produced science camps providing approximately$250k in annual funding o Obtained$70k in camp scholarship each year and over$l Ok in funding for at risk youth programming o Developed approximately 100 successful, educational and community events S C I T E C H N I U S E U N I Aurora,Illinois Executive Director 2010-2012 • Created a successful turn-around for a science and physics museum o Responsible for staffing and organizational structure of the 90,000 SF center o Implementation of programming,membership,fundraising,grant, and board development o Developed and implemented multiple revenue streams including the addition of a cafe, SciTech Discovery Preschool, an exhibit licensing division,and the creation of SciTech Theatre, increasing revenue by 260%, improving membership by 525%and general attendance by 300% R E H T N I E Y E R IN(-. Aurora,Illinois/Shanghai China President, Founder 2002-20t2 • Founded$6M international organization with 21 employees specializing in product development, manufacturing,and licensing in the toy industry. T0N AND GAME INDUSTRY" FOUND.aTION Naperville, Illinois/Las Vegas Nevada Founder and CEO 1996-2009 • Established and managed a highly regarded,annual educational 3-day symposium,conference,and trade show for the toy industry with an annual speaking faculty of over forty executive-level leaders from high-profile toy companies,and retailers around the world. R D 1 CO. I N C . Naperville, Illinois President 1989-2002 • Led a multi-million-dollar consumer product development think tank and licensing company that serviced major toy and entertainment companies including:National Geographic Society, Blockbuster Inc.,Tyco Toys, Parker Brothers,Hasbro,Mattel,Fisher-Price,Pressman Toy, Brach Candy and Mega Brands. _--- — — —- EDUCATION _ BF.1 INDUSTRI.XL DESIGN, 1984 University of Illinois,Champaign Illinois Top 100 graduate honor award PROGRAMS, BO.kRDS & :kSSOC[_ATIONS President,CBI Sisterhood 2019-present Board of Directors, Bailando Festival 2017-present Board of Directors,Congregation Beth Israel 2017-present Board of Directors,Corpus Christi Ballet 2014-present Advisory Board,The Art Museum of South Texas 2013-present Advisory Board, South Texas Botanical Gardens and Nature Center 2014-present Member,Leadership Texas Women 2016 Member,Leadership Corpus Christi,class 42,2013 Licensing and Product Development Advisor,National Geographic,and Fisher Price 2002-2012 Board of Directors, SciTech Museum 2008-2010 Founder and President,Chicago Chapter Women in Toys 1998-2002 --=—__ — - ---- -- - --_— AWARDS AND HONORS-:_- 2014 & 201_5 CORPLS CHRISTI CALLER TRIES \II.SEI \I BESC OF CHF BEST•' 200' R (ME N IN CO\ S N_A]'ION-A[. ASSOC'I_ACIO.A .."OMEN TO `rA aTC[I 2003 N-ATION-AL aSSOCI:AI'ION OF \\O\IEN BUSINESS (MNERS iN y\\BO) --N\ ()\I VN BLtiINESS OWN ER OF THE Y F \R- 2000 BI �,INI:;S LED(;ER •-INFT.LEN I'l \C. A\ O\[EN IN BI.SING SS" -A\\ -kRD 2000 N \PERv 1I_1_E CHv\IBER OF CO\INTER(-E _. FIA HNOLOG\ BI ,IN V,0, OF I fit \ 1-. yR ' 0v ,vRD 1x49 BLSINESS LEDGER -ENCE1.1_EN('F IN BL�INFSS' City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,April 13,2021 11:30 AM Council Chambers 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 ingles es limitado, habra un interprete ingles-espanol 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. Mayor Guajardo called the meeting to order at 11:35 a.m. B. Invocation to be given by Father James Stembler, Diocese of Corpus Christi. Father James Stembler, Diocese of Corpus Christi, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Nicholas Tapia, Richard King High School. Mayor's Chief of Staff Arlene Medrano led the Pledge of Allegiance to the Flag of the United States and the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 Present: 9- 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 E. Proclamations /Commendations Mayor Guajardo announced three proclamations that were presented: 1) National Library Week. 2)Sexual Assault Awareness and Prevention Month. 3) Fair Housing Month. F. PUBLIC COMMENT: Mayor Guajardo referred to comments from the public. The following citizen called in regarding utilities bill/wasterwater issue: Richard Cedor, 1329 10th St. The following citizens called in regarding Item 26: Amanda Gallegos, 7621 Cedar Brook Dr.; and Robert Muir, 6230 Bourbonais Dr. The following citizens submitted written public comments which are attached to the Minutes: Amanda Gallegos, 7621 Cedar Brook Dr.; Susan Mitchell,40 Rock Creek Dr.; and Brittni Young. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Director of Public Health Annette Rodriguez gave a brief update on the Johnson &Johnson vaccine. Council Members and Health Director Rodriguez discussed the following topics: currently only women have been affected by the Johnson &Johnson vaccine; and La Palmera Mall COVID-19 vaccination clinic will offer first and second dose Moderna and Pfizer vaccines. City Manager Zanoni gave an update on the financial report. The Audit Report was exceptional for FY 2020. Mayor Guajardo commended City Manager Zanoni for bringing a stronger financial outlook to Corpus Christi. a. Corpus Christi Hooks - COVID19 Safety Protocol City Manager Peter Zanoni introduced Corpus Christi Hooks General Manager Brady Ballard. General Manager Ballard presented information on the following topics: summary of details; certification of compliance; and policies and operations. A Council Member and General Manager Ballard discussed the following topics: improvements have been made to Whataburger Field; and Whataburger Field is a new COVID-19 vaccine site. City of Corpus Christi Paye 2 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 b. Grow Local Farmer's Market Grow Local Farmer's Market is held every Wednesday from 5 p.m.to 7 p.m. at the Art Center of Corpus Christi. C. Birdiest Festival in America The Birdiest Festival in America will be held at The Botanical Gardens from April 21st-25th. d. Safe Fun-Fit with Mayor Paulette M. Guajardo Safe-Fun Fit with Mayor Guajardo will be held on Saturday,April 17th from 7 a.m.to 11 a.m. H. BOARD &COMMITTEE APPOINTMENTS: 1. Airport Board (3 vacancies) Corpus Christi Commission on Children & Youth (10 vacancies) Sister City Committee (4 vacancies) Transportation Advisory Commission (5 vacancies) Mayor Guajardo referred to Item 1. Airport Board Council Member Lerma made a motion to reappoint Paul Cameron,Jr., seconded by Mayor Guajardo and passed unanimously. Council Member Pusley nominated Blake Farenthold and Gordon Lester. Council Member Hernandez nominated James Bliss. Council Member Smith nominated Hans Schumann. Council Member Molina nominated Cristian Radaneata. Council Member Hunter nominated John LaRue. Hans Schumann and John LaRue were appointed. After the appointments, a Council Member asked about 1) adding visit Corpus Christi CEO Brett Oetting as an ex-officio member; and 2)if a Council Member can serve on the Airport Board. City Secretary Huerta said she'd look into it. Corpus Christi Commission on Children &Youth Council Member Molina made a motion to reappoint Liesl Cressman (At-Large), seconded by Council Member Lerma and passed unanimously. Council Member Molina made a motion to appoint Joshua Salinas (Education), seconded by Council Member Hernandez and passed unanimously. Council Member Hernandez made a motion to appoint Kaylin Berger(High School student from a Charter School)and Tiana Ramos (High School student from CCISD),seconded by Council Member Lerma and passed unanimously. Council Member Lerma nominated Jose Plaza(At-Large). Council Member Martinez nominated Jessie Carlson (At-Large). Council Member Molina nominated Robert Hyatt(At-Large). Jessie Carlson was appointed. After the appointments, a Council Member asked if student representatives could be appointed from each CCISD high school. City Secretary Huerta said she'd look into it. Sister City Committee City of Corpus Christi Page 3 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 Council Member Molina made a motion to reappoint Almira Flores,seconded by Council Member Smith and passed unanimously. Council Member Pusley nominated Valeria Harbolovic. Council Member Barrera nominated Mirza Pearson. Council Member Molina nominated Emma Manda. Council Member Molina made a motion to appoint Valerie Harbolovic, Mirza Pearson and Emma Manda,seconded by Council Member Smith and passed unanimously. Transportation Advisory Committee Council Member Pusley made a motion to appoint Richard Diaz, Nicholas Fernandez, Douglas Salik, Michael San Miguel and T Frank Smith IV, seconded by Council Member Molina and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 17) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Item 11 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 Item 11. The motion carried by the following vote: Aye: 9- 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 Abstained: 0 2. Approval of the Minutes of the Regular Meeting of March 30, 2021 and Special Meeting of April 6, 2021. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 3. Zoning Case No. 1220-01 Alty Enterprises, Inc.: (District 5). Ordinance rezoning property at or near 7005 Saratoga Boulevard (State Highway 357) from the "CG-2" General Commercial District and the "IL" Light Industrial District to the "ON" Neighborhood Office District. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032402 4. Ordinance awarding a construction contract to EMR Elevator Inc, Corpus Christi, Texas, for the replacement and upgrade of the four City Hall elevators machinery and equipment, located in Council District 1, in an City of Corpus Christi Page 4 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 amount not to exceed $1,047,740.00; amending the Capital Improvement Program (CIP) and Capital Budget, and appropriating $1,250,000.00 to the Facility Maintenance CIP Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032403 5. Ordinance accepting and appropriating Federal Aviation Administration Grants No. 63 and No. 64 totaling $2,667,902 pursuant to the federal Coronavirus Response and Relief Supplemental Appropriations Act for economic relief to eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic; and amending the FY 2021 Operating Budget by increasing revenues and expenditures. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032404 6. Ordinance authorizing a special events agreement with the Buccaneer Commission, Inc. for Buc Days Festival 2021 and related activities to be held April 29, 2021 through May 9, 2021 to allow for the use of City property including Shoreline Boulevard between IH 37 and Resaca as well as the barge dock and circle drive adjacent to the American Bank Center with payment of City cost of services not to exceed $39,449. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032405 7. Ordinance amending the Code of Ordinances, Chapter 55, Utilities, Section 55-61 (a.)(1&2) regarding classification of customers and schedules of rates in order to mitigate the gas bills from February's extreme weather event for residential customers effective June 1, 2021. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032406 Consent- Contracts and Procurement 8. Resolution authorizing the purchase of one replacement Kut Kwick mower from KUT KWICK Corporation, of Brunswick, Georgia for a total amount of$124,602.00, which will be used to mow grass and tall brush at the Choke Canyon Dam by the Utilities Department, with FY 2021 funding available through the Equipment Replacement Fund. This Resolution was passed on the consent agenda. Enactment No: 032407 9. Motion authorizing the lease-purchase, via JPMorgan, of one vactor truck City of Corpus Christi Page 5 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 from Houston Freightliner, Inc., of Houston, Texas, for a total amount of $463,115.06, in support of the approved FY 2021 Enhancement Package for a new Wastewater Treatment crew in the Utilities Department to improve wastewater treatment and lift station infrastructure maintenance, with first-year funding in the amount of$23,155.74 available from FY 2021 Wastewater Fund. This Motion was passed on the consent agenda. Enactment No: M2021-069 10. Motion authorizing a two-year service agreement with Herc Rentals Inc., of Corpus Christi, Texas, for a total amount not to exceed $607,000.00, for equipment rental as needed for the Utilities Department, with FY 2021 funding in the amount of$151,750.00 available in the FY 2021 Water and Wastewater Funds. This Motion was passed on the consent agenda. Enactment No: M2021-070 11. Motion awarding a Master Service Agreement for professional engineering services to HDR Engineering Inc., Corpus Christi, Texas for groundwater-related technical support to assist with general groundwater questions, regulatory guidance, permit applications review and other necessary groundwater hydrology concerns in an amount up to $60,000.00 for one year with a one-year renewal option to be administratively authorized for a total amount not to exceed $120,000.00, with FY 2021 funding available from the Water Capital Reserve Fund. Mayor Guajardo referred to Item 11. Council Members, City Manager Peter Zanoni,Water Resource Manager Esteban Ramos and Director of Engineering Jeff Edmonds discussed the following topics: the State of Texas is the only aquifer storage and recovery Groundwater Conservation District;the water district was established in 2007; this service would assist with technical support for general groundwater questions, regulatory guidance, and permit applications; and a Council Member's request to include the presentation in the agenda packet. Council Member Smith made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 9- 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 Abstained: 0 Enactment No: M2021-071 City of Corpus Christi Page 6 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 12. Motion authorizing a three-year service agreement with SHI Government Solutions, Inc. in an amount of$73,581.00 for ManageEngine Software Licenses, effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of$73,581.00 available in the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2021-072 13. Motion authorizing a one-year service agreement with Carahsoft Technology Corporation of Reston, Virginia in the amount of$80,689.70 for DocuSign licenses and support for City Departments, effective upon issuance of a notice to proceed with FY 2021 funding in the amount of $80,689.70 available in various funds. This Motion was passed on the consent agenda. Enactment No: M2021-073 14. Motion authorizing a three-year service agreement for wrecker services for City-owned light vehicles and equipment with, DRR & RS Inc., dba Apollo Towing Service, for an amount not to exceed $84,505.50, to be used for towing services, effective upon issuance of notice to proceed, with funding in an amount of$11,736.88 available in the FY 2021 Maintenance Fund. This Motion was passed on the consent agenda. Enactment No: M2021-074 15. Motion authorizing the purchase of one replacement Mobile Lube truck from Houston Freightliner, Inc., of Houston, Texas, for a total amount of $203,016.00 to be used for preventative maintenance and to service off road and stationary equipment by Asset Management Fleet Maintenance Division staff, with FY 2021 funding available through the Vehicle and Equipment Replacement Fund. This Motion was passed on the consent agenda. Enactment No: M2021-075 16. Motion authorizing a three-year service agreement for mowing and grounds maintenance of Stormwater Group 3 [Kostoryz, Carrol, Weber, Staples, Airline from Alameda to SPID] in an amount up to $57,000 with Dorame General Repair and Lawn, LLC of Corpus Christi, Texas for the Department of Public Works, with FY 2021 funding in an amount not to exceed $7,917.00 available through the Stormwater Fund. This Motion was passed on the consent agenda. Enactment No: M2021-076 City of Corpus Christi Paye 7 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 Consent- Capital Projects 17. Motion awarding a Master Services Agreement to LJA Engineering, Inc., Hanson Professional Services, Inc., and Lockwood, Andrews & Newnam, Inc., all firms from Corpus Christi, Texas, for preliminary engineering for future Utility Capital Improvement Program (CIP) projects for the preparation of engineering reports and costs estimates for water, wastewater and stormwater related projects for a two-year term each in an amount up to $150,000 for a total not to exceed amount of $450,000.00, located Citywide, and with FY 2021 funding available from the Utility Capital Program. This Motion was passed on the consent agenda. Enactment No: M2021-077 K. LEGISLATIVE UPDATE: Mayor Guajardo referred to the Legislative Update. Director of Intergovernmental Relations Tammy Embrey gave a brief update on actions that have taken place at the State Capitol. Council Members and Director Embrey discussed the following topics: Senator Lucio filed Senate Bill 474(animal tethering); and the Port Bill 2186 is currently not set for a hearing and has not been introduced in the House. L. RECESS FOR LUNCH Executive Session Items 27 and 28 were held during the lunch recess. M. PUBLIC HEARINGS: (ITEM 18) 18. First Public Hearing to discuss the annexation of London Pirate Road (formerly County Road 33), being approximately 3.733 acres of land from FM 43 (Weber Road) to the North approximately 1.027 miles, with the City of Corpus Christi currently having an area of 489 sq. miles. Mayor Guajardo referred to Item 18. Director of Planning Daniel McGinn presented information on the following topics: background; aerial overview of annexation tract; annexation tract; and annexation schedule. Council Members, City Manager Peter Zanoni, Director McGinn and Director of Public Works Richard Martinez discussed the following topics: City Manager Zanoni commended Director McGinn and Commissioner Brent Chesney for their work and efforts on this annexation;the city is taking over the right-of-way that the county had; and the road will be widened and will remain rural. City of Corpus Christi Paye 8 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 Mayor Guajardo opened the public hearing. No written public comments were submitted. Mayor Guajardo closed the public hearing. No action was required. N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 19 - 21) 19. Motion authorizing a five-year lease-purchase agreement via JPMorgan with HEAT Safety Equipment, LLC of Von Ormy, Texas for the replacement of 140 self-contained breathing apparatuses for the Corpus Christi Fire Department for a total amount of$1,098,453.40, effective upon issuance of letter of acceptance, with FY 2021 funding in the amount of$91,537.80 available through the General Fund. Mayor Guajardo referred to Item 19. There were no comments from the Council. Council Member Hunter made a motion to approve the motion,seconded by Mayor Guajardo. This Motion was passed and approved with the following vote: Aye: 9- 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 Abstained: 0 Enactment No: M2021-078 20. Motion authorizing the purchase of two additional 2022 Peterbilt chassis with Spray Patchers from Rush Truck Center of Robstown, Texas for a total amount of$472,124.00, which will be used for pothole repairs by the Department of Public Works, with FY 2021 funding available through the Vehicle & Equipment Replacement Fund. Mayor Guajardo referred to Item 20. Council Members and Director of Public Works Richard Martinez discussed the following topics: the old asphalt reclaimer is being used in replacement of one spray patcher;the Public Works Department is going to take care of about 120,000 potholes this year; and there is no back-log to date with crews working weekends. Council Member Hunter made a motion to approve the motion,seconded by Mayor Guajardo. This Motion was passed and approved with the following vote: City of Corpus Christi Paye 9 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 Aye: 9- 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 Abstained: 0 Enactment No: M2021-079 21. Motion awarding a professional services contract to Lockwood, Andrews & Newnam, Inc., Corpus Christi, Texas, for engineering design, bid, and construction phase services for the Bay Water Quality Improvements project that will identify and design solutions for the removal of trash and other floatable items in the storm water system before it is discharged in the Corpus Christi Bay, in an amount of$165,784.00, with FY 2021 funding available from the Storm Water Capital Fund. Mayor Guajardo referred to Item 21. There were no comments from the Council. Council Member Hunter made a motion to approve the motion,seconded by Mayor Guajardo. This Motion was passed and approved with the following vote: Aye: 9- 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 Abstained: 0 Enactment No: M2021-080 O. FIRST READING ORDINANCES: (ITEMS 22 -25) 22. Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of $89,480.00 for overtime for four sworn officers and lease payments on four vehicles for the FY 2021 High Intensity Drug Trafficking Area Initiative; and appropriating $89,480.00 in the Police Grants Fund. Mayor Guajardo referred to Item 22. Police Chief Mike Markle presented information on the following topics: the purpose of this grant is for the High Intensity Drug Trafficking Area Initiative in the amount of$89,480.00 in the Police Grants Fund. There were no comments from the Council. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 10 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 Aye: 9- 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 Abstained: 0 23. Ordinance authorizing acceptance of a grant from the State of Texas, Department of Transportation for the FY 2021 Click It or Ticket Program for the Corpus Christi Police Department in an amount of$8,950.00 with a City cash match of$2,416.80 for overtime and fringe benefits with funding available from the General Fund; and appropriating $8,950.00 in the Police Grants Fund. Mayor Guajardo referred to Item 23. Police Chief Mike Markle presented information on the following topics: this ordinance authorizes the acceptance of a grant and appropriation of funds from the Click It or Ticket Program for the Corpus Christi Police Department in an amount of$8,950.00. There were no comments from the Council. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- 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 Abstained: 0 24. Ordinance authorizing an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on July 6, 2020 and located at the intersection of Westpoint Rd and S Padre Island Drive (Highway 358 FWY); and appropriating $44,057.00 from the Wastewater Trunk System Trust Fund to reimburse developer. (District 3) Mayor Guajardo referred to Item 24. Director of Development Services Al Raymond presented information on the following topics: parcel vicinity map; proposed lift station location; and staff recommends approval. A Council Member and Director Raymond discussed the following topic: the remaining trust fund balance will be$1,556,469.08 after the$44,057.00 is taken out. Council Member Hunter made a motion to approve the ordinance, seconded by City of Corpus Christi Page 11 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- 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 Abstained: 0 25. Ordinance abandoning and vacating a 15-foot wide by approximately 483 feet in length (7,239.7 sq. ft.) existing utility easement out of Lot 3, Block 1, South Texas Bone and Joint Medical Plaza Unit 1, located South of Holly Road and West of Cross-Town Expressway (TX 286). (District 3) Mayor Guajardo referred to Item 25. Director of Development Services Al Raymond presented information on the following topics: vicinity map; aerial overview; and staff recommends approval. There were no comments from the Council. Council Member Barrera made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor 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 Abstained: 0 P. BRIEFINGS: (ITEM 26) 26. Affordable Housing Update and Review of City Infill Housing Incentive Program Guidelines Mayor Guajardo referred to Item 26. Homeless Services and Workforce Housing Manager Jennifer Buxton presented information on the following topics: homeownership affordability; considerations for an affordable home policy in the City; what tools do we have; infill housing incentive program; Thanksgiving homes; where do we need to go with policy; and where do we need to go with IHIP. Council Members, Housing Manager Buxton, City Manager Peter Zanoni, Director of Development Services Al Raymond and representative of Thanksgiving Homes Dan Brown discussed the following topics: the infill housing incentive program is not income restricted; in order for low income tax credits to score points,the majority of the units need to be at or below 60% area median income;the 80% area median income is the federal statute that the City has to follow; lots are not set aside for affordable housing; 95% of the median purchase in Corpus Christi for new construction is $238,000 which does City of Corpus Christi Page 12 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 not include taxes; renovation on older homes need to be at least 50% in code compliance;the housing department's goal is to bring back the infill development incentive program and a comprehensive affordable housing strategy and policy; Thanksgiving Homes is a non-profit program that was created through the housing authority to increase rental housing; the map provided in the agenda is set by HUD standards; low income buyers often want to buy in low income areas; Thanksgiving Homes is an affiliate of the Corpus Christi Housing Authority;the average price point for these houses, including insurance, is about$1,188 per month; and the purpose of this item is to provide an update of the infill housing incentive program and develop the affordable housing policy. Q. EXECUTIVE SESSION: (ITEMS 27 -28) Mayor Guajardo referred to Executive Session Items 27 and 28. The Council went into Executive Session at 1:34 p.m. The Council returned from Executive Session at 2:52 p.m. 27. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the Texas Public Information Act, Texas Open Meetings Act, City Council Policies, Robert's Rules of Procedure, Texas Government Code Chapters 441, 551, 552 and other related provisions and pending legislation. This E-Session Item was discussed in executive session. 28. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City Auditor and Texas Government Code § 551.074 (Personnel Matters) to deliberate the employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee (including, but not limited to, the City Auditor) This E-Session Item was passed after executive session. The Council considered the following motion: Motion to extend time for completion of the Interim City Auditor certification to September 30,2021. Council Member Hernandez made a motion to approve the motion,seconded by Council Member Pusley. This Motion was passed and approved with the following vote: Aye: 9- 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 Abstained: 0 Enactment No: M2021-081 City of Corpus Christi Page 13 Printed on 4/15/2021 City Council Meeting Minutes April 13,2021 R. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 3:40 p.m. City of Corpus Christi Page 14 Printed on 4/15/2021 Sarah Brunkenhoefer From: CitySecretary Sent: Thursday, April 1, 2021 1:52 PM To: Rebecca Huerta Cc: Norma Duran; Sarah Brunkenhoefer Subject: FW: Call Back: 04-13-2021 - Richard Cedor FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent:Thursday,April 1, 20211:51 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Call Back: 04-13-2021 - Richard Cedor [ [ 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. ] ] ase contact the Date of meeting 04-13-2021 Name Richard Cedor Phone number for call (361) 413-2508 back Address Street Address: 1329 10th Street Street Address Line 2: Apt 1 City: Corpus Christi State/Province:Texas Postal/Zip Code: 78404 Topic Utilities Bill -Wastewater Issue 1 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 13, 2021 8:09 AM To: Sarah Brunkenhoefer; Rebecca Huerta; Norma Duran Subject: FW: Call Back: 04-13-2021 - Amanda Gallegos From:JotForm <noreply@jotform.com> Sent: Monday,April 12, 20219:06 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Call Back: 04-13-2021 -Amanda Gallegos [ [ 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. Request for Call Back Form Date of meeting 04-13-2021 Name Amanda Gallegos Phone number for call (361) 6587370 back Address Street Address: 7621 Cedar Brook Dr City: Corpus Christi State/Province:TX Postal/Zip Code: 78413 Country: United States Topic Afforadable Housing &Sheltera�o Provide an email to receive a copy of your GGtheROBOT@vahoo.com submission. i Sarah Brunkenhoefer From: 1otForm <noreply@jotform.com> Sent: Monday, April 12, 2021 3:28 PM To: CitySecretary; Norma Duran Subject: Call Back: 04-13-2021 - Robert Muir [ [ 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. EJ Mcqu'�Tsl' fow Date of meeting 04-13-2021 Name Robert Muir Phone number for call (361)4420926 back Address Street Address: 6230 Bourbonais Dr. Corpus Christi TX 78414 City: Corpus Christi State/ Province:TX Postal/Zip Code: 78414 Country: United States Topic Infill Housing Incentive Program Provide an email to receive a copy of your rmmuircc@gmail.com submission. 1 PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: City Council DATE OF MEETING (mm/dd/yy): 04/12/21 NAME: Amanda Gallegos ADDRESS: 7621 ear Brook Dr CITY: Corpus Christi STATE: TX ZIP: 78413 TOPIC: Low Barrier Shelter AGENDA ITEM NUMBER (if applicable): n/a If no agenda item is specified, then this will be considered a general public comment and not a public hearing. Affordable housing is a noble goal, but the planned build sites and cost of the homes will do little to nothing to help the unhoused community. We must not only help our low income neightbors, but our no income neighbors as well. We NEED a low barrier shelter. Despite what some individuals have said, a low barrier shelter is NOT a "sanctioned tent city" but an active alternative to having to camp on the street. There's many obstacles to using our current shelters that would not be present in a low barrier shelter, such as drug tests, pet policies, the splitting up of families, cleanliness of the facility and just physical inaccessibility. A low barrier shelter would provide bathrooms, showers, and laundry access, which will then in turn allow houseless folk to seek employment or substance help. You don't know how much something as simple as a shower and a warm place to sleep can help someone until you've gone without it, as I'm sure many of our housed neighbors got a taste of in the freeze. G&,om Sarah Brunkenhoefer From: CitySecretary Sent: Wednesday, April 7, 2021 1:01 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Input: 04-07-2021 - Susan Mitchell FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Wednesday,April 7, 202112:21 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 04-07-2021 -Susan Mitchell [ [ 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@iotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Date of Meeting 04-07-2021 Name Susan Mitchell Address Street Address: 40 rock creek drive City: Corpus Christi State/ Province:Texas Postal/Zip Code: 78412 Topic Water waste and street construction Describe Feedback: I have been a resident of Corpus Christi for 30 years, I work for a major airline thus traveling the country weekly. I don't understand why our roads continuously seem to be under construction and they never seem to be quite repaired, creating major havoc throughout our beautiful city!!! Our city has the potential to be a beautiful city such as some in Florida or California, who is in charge?????? And why, if we are under a water shortage, why are so many car wash companies being opened? For as high as our property taxes are it would seem that our city could get it together H Frustrated resident, Susan Mitchell Provide an email to receive a copy of your susan.mitchl5@gmail.com submission. 2 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 13, 2021 9:10 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Input: 04-13-2021 - Brittni Young FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent:Tuesday, April 13, 20219:02 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 04-13-2021 - Brittni Young [ [ 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 SecuritVAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@iotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Date of Meeting 04-13-2021 Name Brittni Young Address Street Address: District 3 City: Corpus Christi State/ Province:TX Postal/Zip Code: 78415 Topic Affordable Housing Update and Review of City Infill Housing Incentive Program Guidelines Agenda Number 2621-0437 Describe Feedback: As the city pushes to create affordable housing for low-income families, I look down at the map surprised to see which areas were selected to house our fellow residents.Your familiarity with the map shows that you are quite aware that the housing will be developed at the heart of the heavy industry. It doesn't take a scientist to look out 1 towards downtown and see the clouds of pollution that consume out skies.This area will house young children who are in the early stages of their child development. We already know that living in that area is becoming unbearable as there are growing concerns of industries like MODA who are currently seeking a permit to emit more pollutants into the surrounding area.This should raise an alarm to revisit putting people in these areas at the risk of their health. I demand that the city council revisit their plans by conducting further research on the long-term effects housing people in these areas will have their health and their children's health. Provide an email to receive a copy of your brittniyoung@protonmail.com submission. z so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of April 13, 2021 1852 Second Reading Ordinance for the City Council Meeting of April 20, 2021 DATE: April 13, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Accepting and Appropriating the FY 2021 HIDTA Grant Award for the Police Department CAPTION: Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of$89,480.00 for overtime for four sworn officers and lease payments on four vehicles for the FY 2021 High Intensity Drug Trafficking Area Initiative; and appropriating $89,480.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of funds from the Office of National Drug Control Policy to be used for overtime for four sworn officers and lease payments on four vehicles. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) is in its 25th year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant funds provide for overtime for four Corpus Christi Police Officers and four lease vehicles. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in Aransas, San Patricio, Refugio, Nueces, Kleberg, Kennedy, Jim Wells, Brooks, and Victoria counties. This specific geographical area serves as a conduit for narcotics into Corpus Christi and other metropolitan cities. Money launderers also conduct illegitimate business in the Corridor, creating a consumer base that affects the local population with residual crime. Other agencies participating in the program are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. With the available funding, CCPD anticipates that shipments of narcotics through this area will be intercepted and narcotics traffickers will be apprehended. The data gathered during this initiative will be uploaded and shared with other Drug Trafficking Initiatives across the country in an effort to further suppress criminal activity. This grant award is for activities conducted during January 01, 2021 — December 31, 2022. The City is not required to match funding. The previous year's award was the same amount of $89,480.00. ALTERNATIVES: The alternative is to not accept the grant, which would result in less punitive measures for narcotics traffickers and money launderers. FINANCIAL IMPACT: The financial impact in FY 2021 is the acceptance of grant funds in an amount of$89,480.00 and appropriating $89,480.00 to the Police Grants Fund. There is no required match funding. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: 820526F Project: N/A Account: 510200 Overtime 530160 Rentals Amount: $89,480 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Award —available upon request Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of $89,480.00 for overtime for four sworn officers and lease payments on four vehicles for the FY 2021 High Intensity Drug Trafficking Area Initiative; and appropriating $89,480.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $89,480 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the FY 2021 Houston High Intensity Drug Trafficking Area (HIDTA) for overtime for four Corpus Christi Police Officers and four lease vehicles. SECTION 2. That $89,480 is appropriated in the No. 1061 Police Grants Fund from the Officer of the President, Officer of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the FY 2021 HIDTA for overtime for four Corpus Christi Police Officers and four lease vehicles. 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 so G� 1852 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 13, 2021 Second Reading Ordinance for the City Council Meeting of April 20, 2021 DATE: April 13, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Accepting and Appropriating the FY2021 Click It or Ticket Grant Award for the Police Department CAPTION: Ordinance authorizing acceptance of a grant from the State of Texas, Department of Transportation for the FY 2021 Click It or Ticket Program for the Corpus Christi Police Department in an amount of$8,950.00 with a City cash match of $2,416.80 for overtime and fringe benefits with funding available from the General Fund; and appropriating $8,950.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of funds from the State of Texas, Department of Transportation to be used for overtime for sworn officers. The City must apply for these funds each year. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) has been awarded funding from the State of Texas, Department of Transportation for the Click It or Ticket(CIOT) program.The CIOT grant funds allow CCPD to conduct overtime occupant protection (seat belts and child safety seats) enforcement efforts during the Memorial Day holiday, from May 24 —June 6, 2021. The program's purpose is to increase seat belt and child safety seat use in all passenger vehicles by providing a public information and education effort and conducting intense occupant protection enforcement, during the Memorial Day holiday. During the holiday, officers will work on an overtime basis enforcing occupant protection laws across the City. The City of Corpus Christi has received CIOT grants since 2002. TXDOT notifies the Police Department of available funds and the City must apply. TXDOT determines how much money agencies get based on their crash data derived from crash statistics. It varies each year. The last CIOT grant was the Thanksgiving Day holiday 2020 in an amount of $15,000.00 with a City cash match of $4,266.85. For this grant, the State provides $8,950.00 for overtime and the City provides a cash match of$2,416.80 for fringe benefits. ALTERNATIVES: The alternative is to not accept the grant; however, the Police Department will have less funding available for officers to work overtime to provide enforcement of occupant protection. FISCAL IMPACT: The fiscal impact for FY 2021 is accepting and appropriating an amount of$8,950.00 to the Police Grants Fund. Additionally, the City will provide a cash match of$2,416.80 for sworn officers' benefits on overtime with funding available from the General Fund. Funding Detail: Fund: 1020 General Fund / 1061 Police Grants Fund Organization/Activity: Uniform Division 11740 / 821422F Project # (CIP Only): N/A Account: 510200 Overtime 511000 Retirement Amount: $11,366.80 RECOMMENDATION: Staff recommends accepting and appropriating the item. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of a grant from the State of Texas, Department of Transportation for the FY2021 Click It or Ticket program for the Police Department in an amount of $8,950.00 with a City Cash match of $2,416.80 for overtime and fringe benefits with funding available from the General Fund; and appropriating $8,950.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Department of Transportation for the FY2021 Click It or Ticket program for the Police Department in an amount of $8,950.00 with a City Cash match of $2,416.80 for overtime and fringe benefits with funding available from the General Fund. SECTION 2. That $8,950.00 from the State of Texas, Department of Transportation is appropriated in the No. 1061 Police Grants Fund for the FY2021 Click it or Ticket Program. 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 AGENDA MEMORANDUM r First Reading Ordinance for April 13, 2021 Second Reading Ordinance for April 20, 2021 DATE: March 1, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services Al Raymond(a-)cctexas.com (361) 826 - 3276 Amend Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to increase the total reimbursement amount in the agreement by $44,057.00 CAPTION: Ordinance authorizing an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on July 6, 2020 and located at the intersection of Westpoint Rd and S Padre Island Drive (Highway 358 FWY); and appropriating $44,057.00 from the Wastewater Trunk System Trust Fund to reimburse developer. (District 3) SUMMARY: Peterson Properties, Ltd entered into a wastewater lift station construction and reimbursement agreement to provide wastewater service for Westpoint Crossing Unit 2, Block 2, Lot 1 . The developer has requested an amendment to the reimbursement agreement to request reimbursement for additional costs associated with the project. BACKGROUND AND FINDINGS: Peterson Properties, Ltd requested, and was approved for the Wastewater Lift Station Construction and Reimbursement Agreement for the construction wastewater lift station. The approved reimbursement amount for the agreement is $712,412.82 under Ordinance 0322665 dated November 10, 2020. Peterson Properties, Ltd plans to install a lift station, 75 linear feet of 8-inch force main line, and 110 linear feet of 10-inch collection line in order to provide wastewater service to a planned commercial subdivision that will be constructed within City limits along Westpoint Road and Highway 358. The planned subdivision property encompasses approximately 6.91 acres with a proposed VA Community Based Outpatient Clinic to be constructed on the property. The proposed lift station will extend wastewater service to approximately 483 acres of property in the surrounding area, is in accordance with the wastewater master plan, and is in the Greenwood Wastewater Service Area 5. The property in this service area is predominately Zoned IL and CG- 2 and nearly all the land is undeveloped. The developer submitted an amendment request to the Wastewater Lift Station System Trust Fund for the construction and reimbursement agreement for the additional expense due to increased costs to construction for this project. The applicant has submitted a request for an additional $44,057.00 for this project. Staff requested a copy of the bid tabulation from all three bidders to confirm the estimated cost and actual low bid cost difference was $44,057.00. ALTERNATIVES: Deny the request and have the developer pay for the cost difference. The applicant submitted their estimated costs based on the current material cost at the time of the estimated cost for construction due to COVID -19 certain material cost have gone up due to the pandemic. FISCAL IMPACT: If approved, the additional funds requested would be added to the reimbursement associated with the agreement and would be a debt against the Wastewater Trunk System Trust Fund. The encumbered funds for this project would increase by $44,057.00 and would raise the total reimbursable amount in the agreement to $756,469.82. $712,412.82 is encumbered in the Wastewater Trunk System Trust Fund for this agreement. Currently there are enough funds in the Wastewater Trunk System Trust Fund to cover this additional funding request. Funding Detail: Fund: 4220 Wastewater Trunk System Trust Fund Organization/Activity: 21800 Wastewater Trunk System Trust Fund Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval of the amendment request for this reimbursement agreement. These additional costs are reimbursable under UDC Section 8.5.2 Wastewater Trust Fund and Wastewater Master Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Bid Tabulation Location Map Ordinance authorizing an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on July 6, 2020 and located at the intersection of Westpoint Rd and S Padre Island Drive (Highway 358 FWY); and appropriating $44,057.00 from the Wastewater Trunk System Trust Fund to reimburse developer. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement ("Amendment") attached hereto, with Peterson Properties, Ltd., to increase reimbursement amount to reflect actual bid cost. SECTION 2. Funding in the amount of $44,057.00 is appropriated from the No. 4220-21800-777 Wastewater Trunk System Trust Fund to reimburse the Developer. Page 1 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 the day of 2021: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Paulette M. Guajardo City Secretary Mayor Page 2 of 2 AMENDMENT OF WASTEWATER LIFT STATION CONSTRUCTION AND REIMBURSMENT AGREEMENT This is an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement, attached hereto as Exhibit A and made a part hereof,document number 2020052434, originally dated November 17, 2020 by and between: Peterson Properties, Ltd., and the City of Corpus Christi. NOW,THEREFORE, in consideration of the mutual covenants herein,the Parties agree to Wastewater Lift Station Construction and Reimbursement Agreement,with the following amendment as follows: Section 16. (a)is amended as follows: Section 16.Reimbursement. a. a.The cost for the Wastewater Lift Station less$10,337.18 lot/acreage fee credit is $756,469.82. Subject to the conditions for reimbursement from the Wastewater Lift Station System Trust Fund and the appropriation of funds,the City will reimburse the developer,the reasonable actual cost of the Wastewater Lift Station up to an amount not to exceed $756,469.82 as shown in the attached Exhibit 4A,the contents of such exhibit being incorporated by reference into this Agreement. Exhibit 2. Update to the request for reimbursement attached,added, and incorporated. Exhibit 4A, Reimbursement Estimate/Actual Bid Contract, is attached, added, and incorporated. Exhibit 4B Tabulation of Bids is attached, added, and incorporated. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this day of 12021. CITY OF CORPUS CHRISTI Al Raymond III, CBO,AIA Director of Development Services APPROVED AS TO FORM: Buck Brice (date) Assistant City Attorney for the City Attorney 1 PETERSON�PROPERTIES LTD. STATE OF TEXAS § Patricia Peterson Nuss,General Partner COUNTY OF.. ... .,U-I-Q-:j...,§ This instrument was acknowledged before me on�Z day of � 2021, by Patricia Peterson Nuss, General Partner,on behalf of Peterson Oroperties, Ltd. a Texas Limited Partnership, on behalf of said corporation =ANAR JNN0 Public's Siature Mes PETE ON P PERTIES LT ' I STATE OF TES § o Pete U § Scott D u as [ General Partner 9 � COUNTY OF- ---- --------§ GVG��This instrument was acknowledged before me on day of 2021, by Scott Douglas Peterson,General Partner,on behalf of Peterson Properties, Ltd.a Texas Limited Partnership, on behalf of said corporation JUANA JEAN BARTON CC - Notary ID#10868260 otary PubU s Signature My Commission Expires June 3,2021 PETERSON PROPERTIES LTD. STATE OF TEXAS § dl�Av, COUNTYOF 1 L '�Q S § Chris Ann Peter1son Brown,General Partner This instrument was acknowledged before me on -z- This day of / ,2021, by Chris Ann Peterson Brown General Partner, on behalf of Peterson Properties, Ltd. a Texas Limited Partnership, on behalf of said corporation JUANA JEAN BARTON ':) z1� Notary ID#10868260 otary Public's Ignature My CommissionExpires 2 June 3,2021 r r. - CC p J � Z p i 1.4 �s WEST POINT RD a x p z W w OC c1+: H x Date Created:3N3/2020 0 125 250 500 750 Prepared e�ReyR F@@t Department of Development Services O� Westpoint Crossing Unit 2 W Block 21 Lot 1do C BEAR-L:N 4 QNg Rp 5C, P� 'p Map Scale: 1:5,000 SUBJECT \ PR`O d\IDkRTY Asa ti \ /yy�s8 City of �M.666 O Corpus LOCATION MAP Christi Peterson Properties Agreement Amendment to Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. April 13, 2021 Parcel Vicinity Map U my 7 LOCAnON MAP Chn.0 2 Proposed Lift Station Location PARCEL South PadreIt PERIMETER Island Drive `— !A a PROPOSED LIFT STATION � &;n:h..w force main bro 10-inch ww CL�11C:t NA F11C �� El / Recommendation Approval The request is in accordance with UDC Section 8.5.2.E.4 Wastewater Trunk System Trust Fund Trust Fund Balance as of February 28, 2021 Water Arterial Water Sanitary Sewer Sanitary Sewer Transmission & Distribution Trunk System Collection Line _ Grid Main Trust Main Trust Trust Trust lot & acreage fees pro-rata fees lot & acreage fees pro-rata fees 75% surcharge 25% surcharge 75% surcharge 25% surcharge 4030-209010 4030-209020 4220-250410 4220-250420 1,381,427.09 113,790.18 3,091,172.78 589,876.17 4030-330935 4030-330937 4220-330931 4220-330933 305,333.41 61,177.65 1,142,952.36 91,062.66 Wastewater Trunk System Trust Fund's Balance is $1,142,952.36 Wastewater Collection System Master Plan LIFT STATION` " . LOCATION 1 ® go WE �EG r r 6 Plat l.nr is a9r;nnrl s ARr162'F711 _sit, flll11ENH9101 3 CnHrl'6 rfiA&1 Ln79 �ti��� rns. fi, as. ss, ra.a.rl.n,r. N1o�A?,dog 1 - •...•.. Gann SC 00 a� �h AGENDA MEMORANDUM NCORPOR 1'0 First Reading Ordinance for April 13, 2021 zss2 Second Reading Ordinance for April 20, 2021 DATE: March 4,2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3276 Easement Closure for South Texas Bone and Joint Medical Plaza CAPTION: Ordinance abandoning and vacating a 15-foot wide by approximately 483 feet in length (7,239.7 sq. ft.) existing utility easement out of Lot 3, Block 1 , South Texas Bone and Joint Medical Plaza Unit 1, located South of Holly Road and West of Crosstown Expressway (TX 286). SUMMARY: The purpose of this ordinance is to close, abandon and vacate a 15-foot-wide by approximately 483 feet in length (7,239.7 sq. ft.) existing utility easement. The applicant has changed the design and location of buildings on the property, and relocation of public utilities is necessary to accommodate the current design. A new easement will be applied for and recorded to accommodate public utilities on the property. BACKGROUND AND FINDINGS: 2413 Memorial Parkway, LLC (Owner) is requesting the closure of a 15-foot wide by approximately 483 feet in length (7,239.7 sq. ft.) existing utility easement on property located South of Holly Road and West of Crosstown Expressway (TX 286). This easement closure request is submitted to facilitate the construction of a medical clinic and associated site improvements. The referenced easement is a portion of a larger easement dedicated by plat for the property. Changes in the layout and design of the site place a portion of the easement under the footprint of a proposed building. The portion of the easement to be vacated will be replaced by a new easement to accommodate public utilities on the site. The new easement location is away from proposed structures and adjacent to another existing utility easement on the property. There are no public or franchised utilities located in the portion of the easement to be vacated, and the proposed ordinance is conditional on the new easement being recorded. After contacting all public and franchised utilities, there are no objections to the easement closure and no zoning variances have been requested. The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. ALTERNATIVES: Deny the applicant's request and have the applicant revert to the original site plan. This action may impact the design and size of the planned medical facility and the efficient use of the site. FINANCIAL IMPACT: There are no financial impacts associated with the closing of the easement. The easement has no fair market value associated with its closure. FUNDING DETAIL: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff supports the applicant's request for the easement closure. The closure of the easement will support a future local business and provide residents with expanded access to medical services. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation Ordinance abandoning and vacating a 15-foot wide by approximately 483 feet in length (7,239.7 sq. ft.) existing utility easement out of Lot 3, Block 1, South Texas Bone and Joint Medical Plaza Unit 1, located South of Holly Road and West of Crosstown Expressway (TX 286). WHEREAS, 2413 Memorial Parkway, LLC (Owner) is requesting the closure, abandonment, and vacating of the 15-Foot-wide by approximately 483-feet in length (7,239.7 sq. ft.) of an existing utility easement located South of Holly Road and West of Crosstown Expressway (TX 286). WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate the 15-feet utility easement, subject to compliance by the Owner with the conditions specified in the ordinance. BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of 2413 Memorial Parkway, LLC (Owner), an existing 15-foot-wide by approximately 483-feet in length (7,239.7 sq ft.) utility easement out of Lot 3, Block 1, South Texas Bone and Joint Medical Plaza Unit 1, located South of Holly Road and West of Cross-Town Expressway (TX 286), as recorded in volume 69, page 397, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B," which is the graphical representation of the legal description, are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. The maintenance responsibilities for the vacated easement reverts to the owner of the property. SECTION 2. The closing, abandonment and vacating of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owner's expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. Owner will dedicate to the City of Corpus Christi a new public utility easement to accommodate public improvements on said property and record such easment at the Owner's expense in the Official Deed and Map Records of Nueces County, Texas. c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 104 URBAN ENGINEERING Job No. 4916.B9.03 November 23,2020 Exhibit A 0.1662 Acre Utility Easement Closure STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 0.1662 Acre, Utility Easement Closure, being a portion of an existing Utility Easement, over and across Lots 2-3,Block 1,as shown on the plat of South Texas Bone and Joint Medical Plaza Unit 1,a map of which is recorded in Volume 69,Pages 397-399,Map Records of Nueces County,Texas;said 0.1662 Acre,Utility Easement Closure being more fully described by metes and bounds as follows: Commencing,at a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Found,on the Southwest boundary line of Lot 3,Block 2,Cabaniss Acres,a map of which is recorded in Volume 10,Page 20,of the said Map Records, for a common corner of Lots 1-2,of the said Block 1; Thence,South 31°30'27"West,over and across the said Lot 2, 169.76 Feet,to the Point of Beginning at the inner ell corner of the said existing Utility Easement,for the East corner of this Tract; Thence,South 28°07'50"West,over and across the said existing Utility Easement, 15.00 Feet,to the South corner of this Tract; Thence, with the said existing Utility Easement,over and across the said Lots 2-3,with the boundary of this Tract as follows; • North 61'52'10"West,at 444.05 Feet pass the common boundary line of the said Lots 2-3,in all 490.15 Feet, to the West corner of this Tract, from Whence a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Found,for a common corner of the said Lots 2-3,bears South 10°18'36"West, 150.61 Feet; • North 73°07'50"East,over and across the said existing Utility Easement,21.21 Feet,to the North corner of this Tract,from Whence a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Found, on the Southwest boundary line of Lot 7,of the said Block 2,for a common corner of the said Lots 2-3,bears North 38°31'38"East, 172.29 Feet; Thence,South 61'52'10"East,with the said existing Utility Easement,at 31.09 Feet pass the said common boundary line,in all 475.15 Feet,to the Point of Beginning and containing 0.1662 Acres(7,239 Sq.Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205, and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of tract described herein. OF TF fRys URBAN ENGINING JAMES DAVID CARR 6458 P� ESS+ James D.Carr,R.P.L.S. SUR�� License No. 6458 S:\Surveying\4916\B903-Final\OFFICE\METES AND BOUNDS\FN_4916B903_0.1662Ac_20201123.Docx Page 1 of 1 OFFICE:(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm# 145 9 TBPLS Firm# 10032400 � I Lots 3, Block 1 South Texas Bone and Joint Medical Plaza Unit 1 I C, ° o [IFVol. 69, Pgs. 397-399 P z m 1 o Q o Map Records of Nueces County, Texas I Z am o y � 6 (Owner:2413 Memorial Parkway, LLC) P 3. Legend: (Doc. No. 2i 1808754, O.P.R.N.C.T.) • 5/8" I.R. with red plastic cap n -J O O - �'n o 0 stamped "URBAN ENGR CCTX' Found w v 0 O Q a N m F N 73'07 50 E Lyl 5o 6i 21.21 I N n a� o� N X38=8„ o�� r — r > , " 00 ajEo v " N� co EDF �sl 1 1 rt � �� N Utility Easement Closure— Xa 0.1662 Acre rt v (7,239 Sq. Ft.) 71< �N to a o I �3 Ertl I� o oZo Cl) ° z l �� C ZON o o� � N � o 0 a 60 o N cA A n O N O O O O J Nm r i O T —< ............. O — ��o�no � I m l I o 00 a �I N 1j E.0 _ � U Z cc �5 NN CO 01 >0 cc � I v�vN z 0 oko C 71 o o� 0 0 zl AOOn �o" 15'U.E. .- z v N Nn ul (Vol. 69, Pgs. 397-399, M.R.N.C.T.) or m o (D 0 J" Point of goint of (vol. 69, Pgs. 397-399, M.R.N.c.T.) Be&inninP, COmmeIICement I 0 a S 2807 50" �W _ P o N o (Vol. 69/Pgs. 397-399, M.R.N.C.T.) Z NO 0 o N m a7 � p O O (vol.459, Pgs.59/e599,aM K.N.C.I.) / / I `�C)O I o O p 7 Lot 1, Block 1 0 0 South Texas Bone and Joint Medical Plaza Unit 1 Vol. 69, Pgs. 397-399 Map Records of Nueces County, Texas Exhibit B (Owner:2413 Memorial Parkway, LLC) (Doc. No. 2018048754, O.P.R.N.C.T.) Sketch to Accompany FlELDNOTES for a 0.1662 Acre, Utility Easement Closure, being a portion of an existing Utility Easement, over and across Lots 2-3, Block 1, as shown on the plat of South Texas Bone and Joint Medical Plaza Unit 1, a map of which is recorded in Volume 69, Pages 397-399, Map Records of Nueces County, Texas. General Notes: DATE: Nov. 13, 2020 1.) Grid Bearings and Distances shown hereon URBAN SCALE: 1"=60' are referenced to the Texas Coordinate JOB NO.: 4916.00.03 System of 1983, Texas South zone 4205, ENGINEERING and are based on the North American Datum SHEET: 1 Of 2 of 1983(2011) Epoch 2010.00. '�"�Ra 1 M-UM R0.10036100 DRAWN BY: RLG 2125 sw,wtRat oR,caRRus alRisn,ix�e�aa PHOt 381.851.]101 MWN.URBNIENGCOM urbansurveyl®urbaneng.com 02020 by Urban Engineering S:\Surveyinginal\Ex _20201113-Vacated.dwg,Adobe PUF 'o m e e 0 q Co Loss Encinos � Park i q/r o e, Coo o Q7/ r/o a °yo o� ao p ade �( E/ o ` �!/ �Q Frio osO Qo fe R�°d 1 i \ /� con/a tiss Q hod 1/0 ao a° °n Osfo y e j c o % < erOCy ,�Q'Fr o / .w' o vo�� Ferro °� eder/ o C k- 0 cons � o moa ky Oe by T rig 0� IQ, 0 �f S1 TE o� S r aero n o ou L� °o L d v � i Cre 2 6 0 /1/� 0 v o� 0. COUNTY OF NUECES CITY OF CORPUS CHRISTI LOCATION MAP N.1. �-ur us r,nrf Exhibit B Sketch to Accompany f1ELDNOTES for a 0.1662 Acre, Utility Easement Closure, being a portion of an existing Utility Easement, over and across Lots 2-3, Block 1, as shown on the plat of South Texas Bone and Joint Medical Plaza Unit 1, a map of which is recorded in Volume 69, Pages 397-399, Map Records of Nueces County, Texas. DATE: Nov. 13, 2020 SCALE: "4 URBAN JOB NO.:: 491916.00.03 ENGINEERING SHEET: 2 of 2 ,er�i101ND.ue iev�snaw a+663z/66 DRAWN BY: RLG zrts swul+rm uc cows a+ 'u X6101 PI+ONE•]61.861.3+0+ WBW.WB�NQIO.COH urban su rveyl Ourbanen g.com 02020 by Urban Engineering S:\Surveying\4916\B903-Final\Ex4916B903_20201113_Vacated.dwg,Adobe PDF 1 v � 0 AD 49 r � QQ' •v QQ' v Mjssjo :iyooF -�JQ4 �' �°yc o . m r r t. ter, A,qp� SFq q< `v `�►� eFVF SFq' RFFZ Proposed Building Q' Q Vacated Utility Easement Proposed Utility Easement 3' ! RFS F � F I T RR � ARS Current Utility Easements 0 ' '� FS�. Dateea�te�d:3/5/2021 0 Feet f= �. .Department of-Development7Services ' ti C vv��O a l^' p 8 South Texas Bone and Joint ovo�� y Ve g Medical Plaza Unit 1 �� "yA� SUBJECT p� PROPERTY s Ra Utility Easement Closure y� v Map Scale: 1:10,000 City of Rq Corpus LOCATION MAP—_! Christi Easement Closure For South Texas Bone and Joint Medical Plaza (Lot 3, Block 1, South Texas Bone and Joint Medical Plaza Unit 1) City Council Presentation April 13, 2021 Vicinity Map It° yv0 0 F-� ��' 2 ZP R9pO FRFOFRi ria 'OyCF H �S,\VyF: � a° 0�Q ti FRlC � S R 4 �0 HC QR' SUBJEC AROc Ra PROPERTY of P.ao.d Ut,�E—, �sscR�yFRRR�F' s �R°Ra Corpus °'aEasemema q< � Myoh LOCATION MAP_ Christi 4 Aerial Overview ItrY . ° Proposed New Utility Easement Proposed Buildin p g Location t3 �ryq�O to Existing Utility Easements 15'x 483'Utility Easement �� e to be closed � Q Staff Recommendation Approval The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. Plat It f3.. .... ..... ............ ........... Plutoi' � _ South Texas Bone and Joint Medica[Plaza Un ��� � Hloak I o( ]L1,—through 3 � y� xee amv/[mrA dmg wr or toy A s. l� caro oma� 9 a� wxo.�a iz�m e_i��r ammo .ae om>wrc q.�,e: w`ve �1GRBANis V-1 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 20, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police M ikeMa(a-)-cctexas.com (361) 826-1941 Robert Rocha, Fire Chief RRocha(a)cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2(a)cctexas.com (361) 826-3169 Purchase of Refurbished Robot Vehicle for Police Department CAPTION: Resolution authorizing the purchase of a refurbished, replacement robot vehicle for the Corpus Christi Police Department's Bomb Squad, with Remotec Inc., a Subsidiary of Northrop Grumman of Clinton, Tennessee, for a total amount of$115,000.00 with funds available from the Fire Grants Fund. SUMMARY: Purchase of a refurbished robot vehicle that will provide the bomb squad with a bomb disposal robot to be used on all calls by all members of the Bomb Squad. BACKGROUND AND FINDINGS: The proposed robot vehicle will provide the Bomb Squad with a bomb disposal robot to be used on all calls by all members of the bomb squad. The proposed robot vehicle is a smaller, lighter weight unit that can be transported in a normal vehicle, providing for faster response times. The current model is larger and requires being towed behind a large Freightliner truck response vehicle. Current policing trends are moving toward the need for a faster, more portable set of tools, to include the robot vehicle. The funds to purchase the replace robot vehicle were awarded by the State of Texas, Department of Homeland Security, in response to a request for grants in 2020. Although this purchase is for the Corpus Christi Police Department, the Corpus Christi Fire Department coordinates the grant application process that will fund the proposed purchase of the refurbished robot vehicle. PROCUREMENT DETAIL: This is a sole source procurement. Remotec, Inc., a Subsidiary of Northrop Grumman, is the sole manufacturer and distributor of the explosive device disposal robot vehicle. The current robot also was purchased from Remotec, Inc. for $220,000. ALTERNATIVES: The alternative is to not purchase the refurbished robot vehicle and continuing using the current robot vehicle, increasing response times and repair costs. FISCAL IMPACT: The fiscal impact for FY 2021 is in the amount of $115,000 from the Fire Grants Fund. Although this purchase is for the Corpus Christi Police Department, the Corpus Christi Fire Department coordinates the grant application process that will fund the proposed purchase of the refurbished robot vehicle. FUNDING DETAIL: Fund: 1062 — Fire Grant Fund Organization/Activity: 821261 F Mission Element: 095 Project # (CIP Only): N/A Account: 55020 Vehicles & Machinery Amount: $115,000.00 RECOMMENDATION: Staff recommends approval for the purchase of a refurbished robot vehicle for the Police Department Bomb Squad from Remotec Inc., with funds from the Fire Grants Fund. LIST OF SUPPORTING DOCUMENTS: Price Sheet Resolution Resolution authorizing the purchase of a refurbished, replacement robot vehicle for the Corpus Christi Police Department (CCPD), with Remotec Inc., Subsidiary of Northrop Grumman of Clinton, Tennessee, for a total amount of$115,000.00 effective upon issuance of letter of acceptance with FY 2021 funding through the Fire Grant Fund. WHEREAS, Remotec, Inc. Subsidiary of Northrop Grumman will provide a refurbished Robot Vehicle for the Corpus Christi Police Department (CCPD); WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the public health and safety of the City's residents; 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; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (D), as this purchase is available from only one source due to captive replacement parts or components for equipment. 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 the purchase for a Refurbished Robot Vehicle from Remotec, Inc. Subsidiary of Northrop Grumman from Clinton, Tennessee, for an amount not to exceed $115,000.00. A copy of the agreement will be on file in the Office of the City Secretary. Page 1 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 Page 2 of 2 City of Corpus Christi Price Sheet Contracts and Procurement Refurbished F613 System-Robot Vehicle Buyer: Desirree Ortiz Sole Source Remotec,Inc.Subsidiary of Northrop Grumman Clinton,TN ITEM DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED PRICE 1 Refurbished F6B System 1 EA $63,032.00 $63,032.00 2 Laser Filter 1 EA $835.00 $835.00 3 iSighting Camera 1 EA $850.00 $850.00 X-Ray Assembly(fits Golden X-Ray Systems) 4 Works with drum&"bread-maker"style film 1 EA $1,600.00 $1,600.00 5 Hybrid Radio Assembly 1 EA $47,932.00 $47,932.00 6 Spare 24 VDC Vehicle Battery 1 EA $751.00 $751.00 Purchase Cost: $115,000.00 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 20, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha(a-)-cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2(a)cctexas.com (361) 826-3169 Overhead Door Repair& Maintenance for Corpus Christi Fire Department CAPTION: Motion authorizing a three-year service agreement with Hub City Overhead Door Company, Inc., of Corpus Christi, Texas, for a total amount not to exceed $255,600.00 for overhead door repair and maintenance for the Corpus Christi Fire Department (CCFD), effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of$46,008.00 available through the General Fund. SUMMARY: This motion authorizes the purchase of overhead door repair services for the City of Corpus Christi Fire Department for the repair of the overhead doors at each of the City's 18 Fire Stations. A properly functioning overhead door is crucial in the Fire Department's ability to respond to emergency calls in a timely manner. Additionally, they are important in the protection of all fire stations throughout the City. BACKGROUND AND FINDINGS: The City of Corpus Christi Fire Department (CCFD) has a total of 18 Fire Stations located throughout the City. The Stations provide emergency medical services and fire protection to the citizens of Corpus Christi. These Stations are occupied 24 hours a day, 7 days a week, for 365 days a year. It is extremely important to secure all fire stations during extended emergency operations as well as to have properly functioning overhead doors in order to respond to emergency calls in a timely manner. The fire stations have expensive fire, rescue, and EMS equipment. The stations also stock medical supplies, lawn equipment, and many items ordinarily found in a normal household. The fire stations must be secured to prevent theft or unauthorized entry in order to protect property. Across the City's 18 fire stations, there are approximately 74 overhead doors. As an example, Station #1 has a total of nine overhead doors. Overhead door components such as cables, springs, rollers, hinges, and motors undergo tremendous stresses. Overhead door parts break often due to such frequent use. When an overhead door malfunctions, or fails completely, it has to be raised or lowered manually. Proper operation is necessary to allow for the immediate deployment of Fire or EMS emergency vehicles. A contract, with an overhead door repair company, ensures that prompt repair services can be provided when issues arise. Without a contract, repairs to these crucial systems could be delayed, compromising the Fire Department's ability to respond to emergencies in a timely manner. It is for these reasons, that a contract with a reliable, local repair company is required. The current contract also is with Hub City Overhead Doors Company, Inc. and is for a one-year term with an option to extend two additional years. The lifetime value of this contract is not to exceed $168,975.00. The two optional years were agreed to by both the City and the vendor, and after the full three years the contract expired on March 31, 2021; however, a three-month extension to the agreement was executed to allow time for negotiations for the new, proposed three-year agreement with Hub City Overhead Door Company, Inc. for services to repair overhead doors for the City of Corpus Christi Fire Department. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bids process to obtain bids. The City received two bids. Staff is recommending award to Hub City Overhead Door Company, Inc. as the responsive, responsible bidder. True Source, LLC. was eliminated as the lowest bidder based on additional trip fees and holiday charges. ALTERNATIVES: The alternative would be to not award the contract, making fire stations vulnerable to theft and slower response while City staff work to fix repairs. FISCAL IMPACT: The purchase of overhead door repair services is a three-year service agreement with Hub City Overhead Door Company, Inc. of Corpus Christi, TX. The total cost of the three-year agreement totals $255,600. The fiscal impact for CCFD in FY 2021 for this service agreement is $46,008. The remaining cost of$209,592 will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12010 Fire Stations Mission Element: 093 Emergency Response Calls Project # (CIP Only): N/A Account: 530210 Building Maintenance & Service Cost: $46,008.00 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of a three-year service agreement with Hub City Overhead Door Company, Inc. for services to repair overhead doors for the City of Corpus Christi Fire Department. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB 3452-Overhead Door Repair BUYER: DESIRREE ORTIZ &Maintenance for CCFD Hub City Overhead Door Co. Inc. TrueSource,LLC Corpus Christi,Tx Islanda, New York Item Description Unit Qty 3 Year Unit Price Total Price Unit Price Total Price On Call Services 1 Technician Normal Hrs (M-F 8:00am- 5:00pm) HR 750 $ 148.00 $ 111,000.00 $ 135.00 $ 101,250.00 Technician After Hrs(M-F 5:01 pm- 2 7:59am to include weekends and City Holidays) HR 300 $222.00 $66,600.00 $202.50 $60,750.00 Item Description Unit Cost %Markup Cost+Markup %Markup Cost+Markup 3 Parts EA $60,000.00 30.00% $78,000.00 25.00% $75,000.00 Total $255,600.00 $237,000.00 *Estimated 227 service calls for the last three years for CCFD after additional trip charges were calculated,the lowest bidder changed. True Source total bid price with additional trip charges would increase to$267,645.00. True Source,LLC is no longer the lowest bid. DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA �yV S C� G° a 0 H SERVICE AGREEMENT NO. RFB 3452 U Overhead Door Repair and Maintenance for CCFD yeanaonn!e� 1852 THIS Overhead Door Repair and Maintenance for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Hub City Overhead Door Co. Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Overhead Door Repair and Maintenance for CCFD in response to Request for Bid/Proposal No. 123 ("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. Contractorwill provide Overhead Door Repair and Maintenance for CCFD ("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 Division, 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 in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $255,600.00, 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 must be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA 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: Captain Gerardo Garcia Fire Department Phone: 361-826-8427 Email: GerardoG@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA 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: Captain Gerardo Garcia Fire Captain 2406 Leopard St., Suite 300, Corpus Christi, Texas 78408 Phone: 361-826-8427 Fax: 361-826-4515 IF TO CONTRACTOR: Hub City Overhead Door Co., Inc. Attn: Rusty Garrett Vice President 1402 Cathead, Corpus Christi, Texas 78409 Phone: 361-289-7083 Fax: 361-299-2291 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, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA CONTRACTQR ocuSigned by: Signature: �`Sf'1 GMyt� Rusty Garrett Printed Name: vice Garrett Title: Date: 3/17/2021 CITY OF CORPUS CHRISTI DocuSigned by: �" � OA, L­6 Jos'h54 iroHey Interim Assistant Director, Contracts and Procurement Date: 3/17/2021 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. RFB 3452 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA ATTACHMENT A: SCOPE OF WORK 4.1 General Requirements/Background Information The Contractor shall provide Overhead Door Repair and Maintnenance for Corpus Christi Fire Department. 4.2 Scope of Work A. Service Requirement 1 . The Contractor shall be able to perform specified services 24 hours a day, 365 days per year on an as needed basis. The City will use prudent judgment when calling after regular hours for specific services. 2. The Contractors main office shall be located no more than one hour away from the Corpus Christi City Limits (60 miles). 3. The Contractor shall have a sufficient number of commercial crews to fulfill work demands. 4. The Contractor shall receive work order requests and return phone requests within 30 minutes of a call being placed by the Fire Department or within a reasonable time frame of the call being placed. 5. The Contractor shall be on site within two hours or within agreeable time frame determined by the Fire Department and the Contractor of receipt of work order receipts. 6. The Contractor shall stock inventory to complete repairs same day. B. Service Requests are to be accepted by the following authorized personnel: 1 . Assistant Chief of Support Services 2. Captain assigned to Facility Maintenance C. The Contractor shall repair the overhead door deficiencies within eight hours of the arrival on site or have communicated with the Contract Administrator of any conditions that may delay work being completed within eight hours. D. At time of completion, report back to requestor. E. Repairs shall include all mechanical and electrical components. F. The Contractor shall lubricate and adjust the doors being repaired during maintenance service call. Revised 1 1 .30.20 Page 1 of 3 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA G. The Contractor shall provide an estimate based on the price schedule for major repairs, defined as exceeding $1,000.00. Estimates shall include labor, parts, travel and any other costs associated with the work performance. H. The Contractor shall check in and check out with the Captain on duty, or a member of the Fire Department. The start time and time of completion should be listed on the Vendor Check-In/Out Form provided at the station. If station personnel are unavailable, the Contractor will contact the Contract Administrator to check-in/out via phone. Invoice charges for labor shall reflect the times listed on this form. I. All repairs shall be completely documented by the Contractor. A copy of each work order or repair slip will be provided to the personnel on site at time of completion and shall provide the following information: 1 . Site location of the equipment repair 2. Name, model number and serial number of the equipment repaired 3. Name and model number of any replacement parts J. If any overhead doors are deemed non-repairable, the Contractor shall immediately notify the Contract Administrator via email or personal cell number if available. K. Anticipated Repairs include but are not limited to the following: 1 . Electrical a. Capacitor b. Motor c. Pneumatic Safety Edge d. Receivers e. Relay f. Remote Controls g. Transformer h. All Switches i. Loop Sensor j. Combination Key Pad System 2. Mechanical a. Belts b. Cables c. Hinges Revised 1 1 .30.20 Page 2 of 3 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA d. Rollers/Rails e. Springs f. Replacement of Door Section 3. Lubrication a. Rollers, Hinges and tracks b. Drive Chain c. Spring and Bearings 4.3 Work Site and Conditions The work shall be performed at the following Fire Stations: Station # Business Phone # Address 1 361 .826.8054 514 Belden 78401 2 361 .826.1245 13421 Leopard St. 78410 3 361 .826.1250 1401 Morgan Ave. 78404 4 361 .826.1247 2338 Rodd Field Rd. 78414 5 361 .826.4648 3105 Leopard St. 78408 6 361 .826.8071 6713 Weber Rd. 78413 7 361 .826.8075 3722 S. Staples St. (7841 1 ) 8 361 .826.8077 4645 Kostor z Rd. 78415 9 361 .826.1255 501 Navigation Blvd. 78408 10 361 .826.1258 1550 Horne Rd. 78416 11 361 .826.8073 910 Airline Rd. 78412 12 361 .826.8120 2120 Rand Morgan Rd. 78410 13 361 .826.8080 1802 Waldron Rd. 78418 14 361 .826.8150 5901 S. Staples St. 78413 15 361 .949.9934 14202 Commodores Dr. 78418 16 361 .826.4183 8185 State Hwy 361 78418 17 361 .826.8050 6869 Yorktown Blvd. 78414 18 361 .826.8061 6226 Ayers St. 78415 Warehouse 361 .826.3934 1501 Holly Rd. 78417 Old Station 5 3312 Leopard St. 78408 EMS Central 209 S. Carancahua 78401 4.4 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. Revised 1 1 .30.20 Page 3 of 3 DocuSign Envelope ID:5FE77EA7-FOBS-4ED5-A6DE-F9BC694693DA 0 CITY OF CORPUS CHRISTI / CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM 1852 RFB No. 3452 Overhead Door Repair and Maintenance for CCFD II PAGE I OF I Date: Authorized Bidder: bA Et poC 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 QTY Unit Price Total Price 3 YEAR On Call Services Technician Normal Hours (M-FOD 8:00am- 5:00pm) HR 750 2 Technician After Hours 5:01 pm- HR 300CIO 7:59am to include Weekends) 60 Item Description Unit Cost %Mark.up T Cost+ -- Markup­ 3 Parts EA $60,000.00 300 < OCO.00 Total -*�55 �0L,)- Page 1 of 1 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA 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 Bodily Injury and Property Damage cancellation, required on all Per occurrence - aggregate certificates or by applicable policy endorsements Commercial General Liability $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Revised 1 1 .30.20 Page 1 of 4 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $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 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 Revised 1 1 .30.20 Page 2 of 4 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA 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. Revised 1 1 .30.20 Page 3 of 4 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA 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. Revised 1 1 .30.20 Page 4 of 4 DocuSign Envelope ID:5FE77EA7-FOB5-4ED5-A6DE-F9BC694693DA ATTACHMENT D: WARRANTY REQUIREMENTS A. Warranty on repairs shall be 90 days or better for all labor and materials. B. Warranty on new installation shall be one year or better for all labor and materials. C. All parts shall be Original Equipment Manufacturer (OEM), new and unused. Revised 1 1 .30.20 Page 1 of 1 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 20, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Laura Garcia, Director of Libraries Lau raGa(a-)-cctexas.com (361) 826-7070 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2(a)cctexas.com (361) 826-3169 Library Books, Audio and Visual Recordings and Downloadable Digital Content CAPTION: Motion authorizing a five-year supply agreement in the amount not to exceed $1,750,000 with Baker & Taylor, LLC., Charlotte, North Carolina for library books, audio and visual recordings, downloadable digital content, and processing services, with FY 2021 funding in the amount of$145,830.00 available from the General fund. SUMMARY: This five-year supply agreement with Baker&Taylor LLC., through Texas Smart Buy(TXMAS), will provide for the purchase of library books, audio and visual recordings, downloadable digital content, and processing services that includes book jackets, spine labels, barcodes and MARC (cataloging) records. BACKGROUND AND FINDINGS: Library patrons borrow over 800,000 items per year. Material purchased through this supply agreement will consist of over 10,000 books in print and over 1,500 downloadable digital content (eBooks\eAudio), audio, and visual recordings (spoken word audio, DVD, Blu-Ray). Full and partial processing services will also be provided through this agreement for book jackets, spine and barcode labels, security strips, and brief or full MARC (cataloging) records. Partially processing items entails placing book jackets and mylar covers on books, adding barcodes and other labeling, inserting theft detection security strips, and adding MARC records (cataloging) to the library catalog. These processing tasks are time-consuming and must be performed before an item is ready for check-out. Through this agreement, Baker & Taylor LLC. will provide most of these tasks which will reduce processing time and allow for more readily available library items. Baker & Taylor LLC. will provide some full processing services, which means that items will be received ready for placement on the shelves for check-out; however, full processing is more costly, so it will only be used for high-demand items, such as bestsellers. Both partial and full processing services are essential to the operation of the department as only one staff member is available to handle processing and cataloging, with other public service staff assisting when there is a backlog. The current supply agreement with Baker & Taylor LLC., in the amount of $330,000 per year, was for a 24-month term with the option to extend for up to two additional 12-month periods, which were both executed, and the agreement expires May 25, 2021. Baker &Taylor LLC., currently is the only vendor that provides the full range of products being requested through the proposed agreement. Other existing vendors that cater to public libraries do not supply audio and visual recordings (spoken word audio, DVD, Blu-Ray) or digital content (eBooks/eAudio). Consolidating these products and services into one agreement for a five-year term will bring more efficiency and availability to City libraries and staff as well as increase the level of digital content, making our libraries more in-line with contemporary practices and patrons' needs. PROCUREMENT DETAIL: This procurement is through the Texas Smart Buy (TXMAS) Cooperative Contract No. 715-M2. Contracts awarded through the TXMAS Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. ALTERNATIVES: The alternative would be to have multiple vendors for the different products being requested. Consolidating these products and services into one agreement for a five-year term will bring more efficiency and availability to City libraries and staff as well as increase the level of digital content, making our libraries more in-line with contemporary practices and patrons' needs. FISCAL IMPACT: The fiscal impact for the Library Department in FY 2021 is an estimated amount of $145,830.00 for this five-year supply agreement. The remaining estimated $1,604,170 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: General Fund 1020 Organization/Activity: 12800 Mission Element: 111 Project # (CIP Only): N/A Account: 520060 Amount: $145,830.00 RECOMMENDATION: Staff recommends approval of the motion authorizing a five-year supply agreement with Baker & Taylor, LLC, as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Price Sheet DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 SC > SUPPLY AGREEMENT NO. 3491 U LIBRARY BOOKS, AUDIO AND VISUAL RECORDINGS fhaaaoRp 1852 THIS Library Books, Audio and Visual Recordings Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Baker & Taylor, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Library Books, Audio and Visual Recordings in response to Request for Bid No. TXMAS - 715-M2 /3491 ("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 Library Books, Audio and Visual Recordings 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 five years. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so 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 ,750,000.00, 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: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 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: Gabby Sanchez Department: Library Phone: 361-826-7015 Email: Gabbys@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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 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: Gabby Sanchez Title: Senior Management Assistant Address: 805 Comanche St., Corpus Christi, TX 78401 Phone: 361-826-7015 Fax: 361-826-7046 IF TO CONTRACTOR: Baker & Taylor, LLC Attn: Stefanie Kremer Title: Director, Pricing Services Address: 2550 West Tyvola Rd., Ste. 300, Charlotte, NC 28217 Phone: 704-998-3135 Fax: 704-998-3260 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 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) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 CONTRACTOR QDoocuSigned by: Jul Pi KI..." Signature-. 62FEA21 F17194A8... Stefanie Kremer Printed Name: Title: Director, Pricing Services 3/18/2021 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. TXMAS - 715-M2 /3491 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 ATTACHMENT A: SCOPE OF WORK 1. General Requirements Supplier shall supply the Corpus Christi Public Library with new editions of library books, digital downloadable content, audio and visual recordings. 2. Scope of Work A. The database must also include information about title changes, availability dates of titles, and allow the library staff to review pending shipments and invoices. B. Shipping and handling costs will be included with the cost. C. Contractor will not require a minimum order or attach any penalty to orders below a certain size. D. When requested, contractor shall deliver books, audio and visual recordings pre-processed and ready for issuance to library patrons. ' '"" ^ - DocuSign Envelope ID: FF76D3CA-BDD8-4F82-640E-89C7A1 F537E2'- BID/PRICING SCHEDULE DISCOUNT TERMS AND CONDITIONS OF SALE Baker&Taylor, LLC Discount Terms and Conditions of Sale(FIRM ORDER BOOK/SPOKEN WORDAUDIO) State of Texas-Public Libraries and State Agencies Baker&Taylor, LLC is pleased to offer the discount terms and conditions listed below. The pricing grid below provides discounts for each product category offered by Baker&Taylor. Product Category Definition(a) Price Indicator Discount Category Adult Trade Hardcover Editions 0-(zero)(Hardcover Trade Editions) I. (Popular Fiction & Non-Fiction, and may include C-(Hardcover Computer Books) 46.5% some spoken word audio II. Juvenile Trade Hardcover Editions J 46.5% (Popular Fiction&Non-Fiction Adult Quality Paperback Editions B-(Paperback Trade Editions) ° III. (Popular Fiction&Non-Fiction) C-(Paperback Computer Books) 40.5/° IV. Juvenile Quality Paperback Editions G 40.5% (Popular Fiction&Non-Fiction) V. Mass Market Paperback Editions P 40.0% VI. Single Edition Reinforced(Juvenile) R 21.5% VII. Publisher's Library Edition(Juvenile) Z 21.5% University Press Trade Editions (may be of any ° VIII. A 8.0% binding and include some spoken word audio) S/X/N-(Text,Technical,or Reference Editions) S=8.0% X=8.0% N=8.0%(b) L-(Hardcover Editions from Small Press and Hardcover L=8.0%(c)(d) Titles of Limited Demand-primarily Adult) 7=21.5%(d) Text,Technical, Reference, Professional Medical, 7 - (Hardcover Titles of Limited Demand-primarily M=8.0%(c)(d) Small Press, some University Press titles Juvenile) 1=8.0%(d) (excluding University Press Trade Editions) M - (Paperback Editions from Small Press and ° X. Paperback Titles of Limited Demand-primarily Adult) T=8.0% and/or Titles of Limited Demand U=8.0% (may be of any binding and include some spoken 1 - (Paperback Titles of Limited Demand-primarily V=8.0% word audio) Juvenile) W=8.0% 4=8.0% T/U/V/W/4/Letter O-(Specialty Textbooks) Letter O=8.0% 5=8.0% 5/6/8 - (Professional Medical Titles) 6=8.0% 8=8.0% Imported English and Non-English Language F=0.0% Editions F/K/3 K=8.0% X. 3=8.0% XI. Enhanced Service Program Y/Q Q=8.0% Y=0.0%+$4.95 e XII. Spoken Word Audio H 45.5% XIII. Board Books 1 40.5% XIV. Novelty Items/Activity Books 1 40.5% Special Programs,such as: ° Paw Prints and FollettBound Editions D D=10.0% XV. Turtleback Editions E E 0 % 20..0% Playaway Audio Editions All Playaway Audio editions (a) Please see Baker & Taylor's Category Definitions for full category definitions, which are attached hereto and incorporated herein by reference. Materials produced for TextStream print-on-demand services may fall into any category. (b) Titles which receive minimal publisher discount will be invoiced at publisher's list price. (c) Represents publishers with limited sales volume,based upon a semi-annual review. These titles may be of any binding type or publisher of origin. (d) Represents individual titles which do not qualify for preferred stock status (based upon a quarterly review) and individual titles which qualify for preferred stock status,but have limited demand(calculated over a rolling 12 month period). These titles may be of any binding type or publisher of origin. (e) Titles where Baker&Taylor receives no discount from the publisher or prepayment is required by the publisher or publishers whose titles have limited demand and/or non-commercial publishers will be invoiced at list price plus$4.95/unit service charge. I of 4(Continued on the following page) DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 Processing Services Premium Processing-Shelf-Ready Base Price Description Mylar Jacket (or Laminate Cover), Label Protectors, 1.48-2.88 Option 1. Mylar,label protectors,spine label, barcode and standard Spine Label,Barcode,and Standard MARC Record MARC Record=$1.48; Option 2. Poly laminate cover,label protectors,spine label,barcode and standard MARC Record=$2.08; Option 3.Traditional laminate cover,label protectors,spine label, barcode,and standard MARC Record=$2.88 Mylar Jacket(or Laminate Cover),Label Protectors, 2.17-3.57 Option 1. Mylar,label protectors,spine label,barcode,RFID tag Spine Label,Barcode,RFID Tag(programmed and (linked and affixed)and standard MARC Record=$2.17; applied),and Standard MARC Record Option 2.Poly laminate cover,label protectors,spine label,barcode,RFID tag(linked and affixed)and standard MARC Record=$2.77; Option 3.Traditional laminate cover,label protectors,spine label, barcode,RFID tag(linked and affixed)and standard MARC Record=$3.57 Processing Services Base Price Description Brief MARC Record No Charge If Vendor Offers MARC records,a Brief MARC Record Shall Be Free of Charge,Per the Terms of this RFP Full MARC Record .30 Price per unit,Standard(unedited)MARC Record MylarJacket .69 Price per unit,includes loose,glued,or taped Barcode Label .20 Price per unit,Baker&Taylor supplied Barcode Label,Application of Customer Supplied Barcode is$0.25/unit Label(per application-Customer supplied) .25 Price per unit,Customer Supplied Label Label(per application-Vendor supplied) .25 Price per unit,Baker&Taylor Supplied Label Genre Label .25 Price per unit,Baker&Taylor Supplied Label Spine Label .29 Price per unit,Baker&Taylor Supplied Label Label Protector .00 Free of Charge Pocket(paper) .35 Price per unit Property Stamp(per impression) .20 $0.20 for first location,$0.10 each additional location Spine Tape(inside) 1.50 Price per unit Spine Tape(outside) 1.50 Price per unit Laminated Paperback Covers Base Price Description Polypropylene Laminate;Various Thicknesses 1.29 Price per unit,Clear Poly Laminate(7 mil thickness) Vinyl Laminate;Various Thicknesses 2.09 Price per unit,Traditional Laminate(10 mil thickness) RFID/Theft Deterrents Base Price Description Pre-programmed RFID/Barcode Set (1 Barcode); .39 Price per unit for application of the Pre-programmed RFID/Barcode Set, Applied to book which would need to be Customer Supplied RFID("universal"tag programmed and applied) .69 Link&Affix Baker&Taylor Supplied Universal RFID Tag CD/DVD Overlay RFID Tag 1.50 Link&Affix Baker&Taylor Supplied Overlay RFID Tag Theft Deterrent Tape/Strip .59 Baker&Taylor Supplied 3M or Checkpoint Theft Detection Audio Visual Processing and Accessories Base Price Description Digital Processing for Media 5.79 Spoken Word Audio or Music/DVD Digital Media Processing Services. Includes Digital Media Processing with artwork,standard case,and fixed data labels.Additional variable labels available for$.15 per label Hub Label .99 Price per unit for hub labels,regardless of number of discs Shrink Wrap Removal .60 Price per unit DVD/CD Case,Holds Single Disc(Plastic) .40 Standard Cases Used to Repackage Single/Doubles(Polyline) DVD/CD Case,Holds Multiple Discs 1.35 Standard Cases Used to Repackage Multiple Discs as a Set (VERSA/VORTEX Cases) DVD/CD Case,Locking 1.00 Secure ii Locking Cases(Single&Double(Clear or Black) Spoken Audio CD Case;Various Capacities 3.79 Standard black Spoken Word Audio Cases,Upgraded cases available for $4.69/unit 2 of 4(Continued on the following page) DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 Baker&Taylor, LLC Music/DVD/Blu-Ray Terms and Conditions of Sale for State of Texas—All Participating Members Price Indicator Definition Discount 2 Music Compact Disc 25.0% 9 DVD/Blu-ray 28.5% List prices used for calculating discounts are manufacturers' current, suggested list prices, where available. Where no list price is supplied by the manufacturer, a list price will be assigned by Baker &Taylor. *AV titles with minimal discount or supplier restrictions or titles from small, specialty vendors will be invoiced at Manufacturers Suggested Retail Price. NOTE REGARDING DISNEY/BUENA VISTA HOME ENTERTAINMENT TITLES For many years Baker & Taylor has been a distributor of video entertainment products of Buena Vista Home Entertainment, a/k/a Walt Disney Studios Home Entertainment ("BVHE"). Recently, for reasons beyond Baker & Taylor's control, our relationship as a direct distributor of this product line has changed. We have been working to resolve the interruption of the supply chain, but have not yet reached an agreement that would do so and are currently unable to supply BVHE video entertainment product to our public library customers. While we believe this interruption to be a temporary inconvenience, we cannot currently estimate when this interruption will be resolved. During this interim period, we will be transitioning BVHE video entertainment product to "Not Available from Baker & Taylor" status in Title Source 360 and cancelling existing back orders. We remain committed to re-establishing our supply chain for BVHE video entertainment product and will keep you updated on our progress. If you have additional questions, please reach out to your Baker &Taylor sales consultant. IL3 of 4(Continued on the following page) DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 Baker&Taylor, LLC Discount Terms and Conditions of Sale Also, please note that: • Publisher's list price is subject to change without notice. • Except where otherwise noted, book discounts are applied to current publisher's list price at the time of shipment. • Baker & Taylor reserves the sole right to be the final determinant of product categories, category definitions and price indicators.The discounts vary based on this determination. • Titles are categorized by Baker & Taylor for pricing purposes by considering the binding, general marketing categories, demand for certain titles, preferred stock status, cost of acquisition, cost of distribution, and the size or type of publisher, as well as factors related to relationships with publishers such as shipping terms, payment terms, publisher's discount, returnability to publishers and other factors. • Product categories, category definitions and price indicators are subject to change at Baker &Taylor's sole discretion, without notice, based upon the above-described factors for categorizing titles. • For domestic titles where no publisher list price is assigned by the publisher, Baker&Taylor will assign such titles a price in its electronic catalog which is based upon Baker & Taylor's estimate of market conditions. • For imported titles where no publisher list price is assigned by the publisher for the U.S. market, Baker & Taylor will assign such titles a U.S. dollar price in its electronic catalog which is based upon Baker&Taylor's estimate of market conditions. • For Paw Prints and Follett Bound editions, Baker &Taylor will assign such titles a price in its electronic catalog which is based upon Baker&Taylor's estimate of market conditions. • Titles of limited demand or from small or specialty publishers generally are included in Product Category IX or Product Category XI. • The discount terms and conditions listed do not apply to Continuations or Approval Programs. • Baker & Taylor provides an invoice that identifies the publisher's current list price, the discount offered, and the exact price charged for each title ordered. 4 of 4 DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 CATEGORY DEFINITIONS �. Adult Trade Hardcover Editions(0,Q(may include some spoken word audio materials) High demand materials from widely distributed publishers designed for the general consumer,usually dealing with a subject matter having broad mass appeal. These titles are typically released in hardback and can be either fiction or current non-fiction. Publisher promotional/media expenditures and print runs are customarily higher for these titles than for most others. Inventory is maintained with preferred stock status (regularly stocked in three to four major warehouses). An example of a trade edition would be: 14th Deadly Sin by James Patterson, ISBN: 9780316404021. 11. Juvenile Trade Hardcover Editions(J) High demand,juvenile materials from widely distributed publishers designed for the general consumer, usually dealing with a subject matter having broad mass appeal. These titles are typically released in hardback and can be either fiction or current non-fiction. Publisher promotional/media expenditures and print runs are customarily higher for these titles than for most others. Inventory is maintained with preferred stock status(regularly stocked in three to four major warehouses). An example of a trade edition would be: Are You Ready to Play Outside by Mo Willems,ISBN:9781423113478. III. Adult Quality Paperback Editions(B,C) High demand paperback materials from widely distributed publishers,other than the standard rack size paperback,typically found in bookstores and other retail outlets. Inventory is maintained with preferred stock status(regularly stocked in three to four major warehouses). An example of a quality paperback would be: The Boys in the Boat by Daniel Brown,ISBN 9780143125471. IV. Juvenile Quality Paperback Editions(G) High demand,juvenile paperback materials from widely distributed publishers,other than the standard rack size paperback,typically found in bookstores and other retail outlets. Inventory is maintained with preferred stock status(regularly stocked in three to four major warehouses). An example of a quality paperback would be: Tuck Everlasting by Natalie Babbitt,ISBN: 9780312369811. V. Mass Market Paperback Editions(P) A standard rack size paperback typically found in bookstores or other retail outlets. An example of a mass market paperback would be: The City of Ember by Jeanne Duprau,ISBN: 9780375822742. Vl. Single Edition Reinforced(R) A high quality binding designed to provide a long shelf life in a heavy use environment. Although the binding is fanned and glued it may not be sewn, which is typically found in the publisher library edition. Subject content can include both fictional and non-fiction works appealing to juveniles as well as adults. These bindings are identified by the publisher to Baker&Taylor. An example of a single edition reinforced binding would be: Because of Winn Dixie by Kate DiCamillo,ISBN 9780763650070. VII. Publisher Library Editions(Z) Fiction as well as non-fiction materials appealing to both juveniles and adults,designed with the rugged durability required of the environment typically found in a library setting. Publisher Library Editions are traditionally of the highest quality,usually fanned,sewn and glued to provide the greatest possible shelf life of any binding. These bindings are identified by the publisher to Baker&Taylor. An example of a publisher library edition would be: Curious George Visits the Library by Margaret Rey,ISBN: 9781599614199. VIII. University Press Trade Editions(A)(may include some spoken word audio materials) This category would include any University Press Trade Editions,both adult and juvenile,and are subject to publisher reclassification. An example of a university press trade edition would be: Alexander McQueen: Savage Beauty by Andrew Bolton,ISBN: 9780300169782. IX. Text,Technical,Reference,Small Press,and/or Titles of Limited Demand(S,X,N,L,M,V,T,U,W,Letter 0,1,4,5,6,7,8) Category of materials includes,but is not limited to,text,technical,reference,professional medical,small press,and some university press titles (excluding University Press Trade Editions). It includes titles purchased from publishers on a non-returnable basis,those publishers that extend little discount to Baker&Taylor,and publishers whose titles have limited sales volume based upon a semi-annual review. It includes individual titles which do not qualify for preferred stock status(based upon a quarterly review)and individual titles which qualify for preferred stock status, but have limited demand (calculated over a rolling 12 month period). Additionally, any publisher which is not in compliance with some of Baker&Taylor's purchasing requirements could be in this category. Materials in this category are both adult and J uvenile,may be of any binding and may include some spoken word audio materials. Examples within this category would be: The Merck Index,ISBN: 9781849736701, Strategies That Work, ISBN: 9781571104816,Beauty and the East ISBN: 9781566563871, Generals of the Bulge: Leadership in the U.S.Army's Greatest Battle ISBN 9780811711999, Frankie Works the Night Shift,ISBN 9780060090951,and Floods ISBN 9781624030031 X. Imported English and Non-English Language Editions(F,K,3) Titles produced and distributed outside of the domestic US. These titles may be of any binding type and represent various publishers. An example would be EI Angel Caido by Nalini Singh,ISBN 9788490625224. Xl. Enhanced Service Program Titles(Y/C) This category includes materials where Baker&Taylor receives no discount from the publisher,or prepayment is required by the publisher,or publishers which have restrictions on returns, or books of small or non-commercial publishers with limited sales volume based upon a semi- annual review. Any publisher which is not in compliance with Baker&Taylor's purchasing requirements would be in this category. Materials in this category may be of any binding. These titles will receive no discount and are subject to a service charge. An example within this category would be:Business Income Coverage Guide,ISBN:9781941627532. XII. Spoken Word Audio(H) Materials designed for the general consumer,usually dealing with a subject matter having broad mass appeal. These titles can be either fiction or current non-fiction. An example of a spoken word audio edition would be: The Complete Sherlock Holmes by Sir Arthur Conan Doyle ISBN: 9781491542286. XIII. Board Books(1) Durable materials from widely distributed domestic publishers designed for young children;pages are manufactured of heavy gauge cardboard to prevent tearing. These editions typically feature few pages,simple themes and colorful illustrations or photographs. An example of a board book would be: Runaway Bunny by Margaret Wise Brown,ISBN: 9780061074295. XIV. Novelty Items/Activity Books(1) Specially packaged gift set or novelty item related to a book product or attached as an accessory to a book product. These items would include a book with toy, rag books,washable cloth books,books with accessories or kits,electronic sound books,sticker books,tracing books or coloring books. This category also includes any non-book merchandise such as model kits,hobby kits,flash cards or jigsaw puzzles. An example of an item in this category would be:Very Hungry Caterpillar Cookbook&Cookie Cutters Kit by Lara Starr,ISBN 9781452125527. XV. Special Programs(D and E as indicated in the Discount Terms and Conditions of Sale) Programs,formats,or editions offered only by Baker&Taylor or not included in any other category. These programs include but may not be limited to Paw Prints, FollettBound and Turtleback editions. Examples of items in this category would be: Clifford's Valentines Day by Norman Bridwell, ISBN 9781435201736 (PawPrints prebound edition) and Junie B. Jones is Captain Field Day by Barbara Park, ISBN 9780613337670 IL_ (Turtleback prebound edition) DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 ENHANCED SERVICES PROGRAM Baker&Taylor is pleased to offer a service that will save your library time and money when procuring titles from small and hard to find publishers. By utilizing B&T's vast publisher and title database, the library can purchase a wide variety of low demand and small print run titles from associations and limited edition, prepayment, and non-returnable publishers. Baker & Taylor's Enhanced Services Program provides the library with access to millions of active book titles representing over 66,000 imprints.This breadth of coverage is greater than that of any other book industry wholesaler. The "ESP" program builds on B&T's already outstanding publisher relations by: ➢ Expanding our vendor relations team responsible for the follow-up of all publisher orders, improving the speed of delivery of all titles to the library; ➢ Widening our publisher base to include hundreds of small non-commercial publishers formerly considered apply direct by the book industry;and ➢ Increasing our reporting capabilities by providing order status reports for 100% of all titles not yet published and by supplying anticipated publication release dates for all out of stock items. This category includes material where Baker & Taylor receives no discount from the publisher or prepayment is required by the publisher or books of small, limited in demand and/or non-commercial publishers. Any publisher which is not in compliance with Baker & Taylor's purchasing requirements would be in this category. Materials in this category may be of any binding. These titles will be invoiced at list price plus$4.95/unit service charge. For libraries concerned about purchasing these types of titles, B&T's TitleSource 360T"^ can assist the librarian in researching a particular item's category and format. Surcharge titles will appear with a Y in the discount code field. Additionally, you may contact your Customer Service representative or Information Services via phone, fax, or email (btinfo@baker-taylor.com)to determine surcharge titles before placing an order. As a convenience to the library, B&T can exclude these titles from all orders by adjusting your account profile setup. Please contact your Customer Service Representative for additional information. DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 _____________________________________________________________________________________________________________________ gr[BAKER .TAYLOR A Follett Company RETURNS POLICIES INSTITUTIONAL RETURNS (Revised July 2015) The following guidelines are required to ensure prompt handling of your return. All product returns (excluding Book Leasing programs) require prior authorization from a Customer Service Representative. You may contact your appropriate representative via the toll-free number listed on your packing list. How to Obtain Return Authorization Please use the Return Authorization Form from your shipment's packing list to make all returns. Contact your Customer Service Representative for return authorization. All claims must be made within 45 days from the date of invoice. 1. When calling for return authorization, please have the following information available: A. Return Authorization Form B. Your account number and ATS#from the shipment's packing list (located mid-page under the Return Authorization Form explanation) C. Reason for the claim/return D. Action being requested- 1. Replacement of product 2. Credit to your account; no replacement product necessary 2. Your Customer Service Representative will assign your return an authorization number(RTA#). To expedite the process, please clearly mark the RTA#on the Return Authorization Form and on the outside of the carton in the upper right corner from the shipping label. 3. Make your return via an insured and traceable carrier; Baker&Taylor is not liable for returns lost in transit. 4. Products incorrectly shipped by Baker & Taylor may be returned with authorization within 45 days of the product's date of invoice. Product(s) meeting the definition of Publisher defective may be returned with prior authorization within six months of the product's date of invoice. Products purchased with value-added processing services which have been shipped as ordered are considered non-returnable. DAMAGED SHIPMENTS: If you receive a damaged carton(s) which resulted in damaged product(s), please hold the product(s) and save the carton for Carrier inspection. If the damage is visible at the time of delivery, bring it to the Carrier's attention and note it on the Bill of Lading. Then, contact your Baker&Taylor Customer Service Representative via the toll-free number listed on the packing list. CLAIMING SHORTAGES: Please check your packing list or invoice before claiming shortages. All claims must be made within 45 days from the products invoice date. Please ensure you have received all cartons of a shipment prior to signing for receipt from the Carrier. Cartons you have signed for as received from the Carrier are not claimable as shortages from Baker&Taylor. INTERNATIONAL CUSTOMERS ONLY: For information on making returns of damaged, defective, or incorrect products, please contact your local International Sales Office or our International Customer Service Department (internationallibrarycustomerservice@baker-taylor.com). You may also refer to the website http://www.btol.com/international libraries details.cfm. All returns should be sent to: Baker&Taylor Returns Center Department R 2S1 Mt.Olive Church Road Commerce,GA 30599 DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 ______________________________________________________________________________________________________________________ [(r BAKER TAYLOR AV RETURNS SCENE&HEARD A/V Library&Education AccountAudio/Video Product Returns Policy (Revised June 2016) The following guidelines are required to ensure the prompt handling of your Audio/Video (AV) returns; Music CD, DVD, Blu-ray and 4k disc product. Note;Vinyl product is not returnable, per manufacturer's policies, and is a "one way" sale. All Music CD, DVD, Blu ray and 4K disc AV product returns (excluding DVD/BD lease return product-please contact AV Customer Service for separate return procedures for your DVD/BD Lease program product) require prior return authorization from an AV Customer Service Representative. Please contact yourAV Customer Service Rep at 800-775- 1200. How to Obtain Return Authorization Contact your AV Customer Service Representative for return authorization numbers. All claims must be made within 45 days of invoice date. 1. When calling for return authorization, please have the following information available: A.Your account number and invoice#s B. Reason for the claim/return C. Action being requested- 1. Replacement of product(defective return will receive a replacement of the same title) 2.Credit to your account; no replacement product necessary for incorrectly shipped items 3.Overstock return credit requires Customer Service Manager and Sales Manager approval 2. Your AV Customer Service Representative will assign your return an authorization number (RA#). To expedite the process, please clearly mark the RA# on the outside of the carton in the upper right corner from the shipping label and on inserted documents. 3. Ship your return via an insured and traceable carrier; Baker&Taylor is not liable for returns lost in transit. 4. Products incorrectly shipped by Baker& Taylor requires an authorization to be returned. Product should be returned within seven days of invoice date, must be returned within 45 days of the products invoice date. Product(s) meeting the definition of a Manufacturer's defective may be returned with a prior authorization. Products purchased with value-added processing services which have been shipped as ordered are considered non-returnable, unless disc is defective. In which case a replacement of same title will be sent (multi disc sets require all discs to be returned). DAMAGED SHIPMENTS: If you receive a damaged carton(s) which resulted in damaged Audio/Video product(s), please hold the product(s) and save the carton for Carrier inspection. If the damage is visible at the time of delivery, bring it to the Carrier's attention and note it on the Bill of Lading. Then, contact your Baker&Taylor AV Customer Service Rep via the toll-free number above. CLAIMING SHORTAGES: Please check your packing list or invoice before claiming shortages. All claims must be made within 15 days from the products invoice date. Please ensure you have received all cartons of a shipment prior to signing for receipt from the Carrier. Cartons you have signed for as received from the Carrier are not claimable as shortages from Baker&Taylor. All returns with RA#should be sent promptly to: Baker&Taylor Returns Center Dept. R 251 Mt.Olive Church Road Commerce,GA 30599 Questions? Contact your B&T AV Customer Service Rep(800-775-1200) Email via AVlnfo@Baker-Taylor.com or LibraryANcustomerservice@baker-taylor.com Baker&Taylor A/V Sales 800.775-2600 x2050 DocuSign Envelope ID: FF7ED3CA-EDD8-4F82-E40E-89C7A1 F537E2 Contract Item List Contract No.715M2 Publications,Audiovisual Materials, Books,Textbooks,and Ancillary Services Baker&Taylor, LLC K-12 Public Libraries Academic State Agencies and School Libraries (City,Regional,etc.) Institutions Co-Op Member Category Category Category Category Electronic and Digital Materials Category 1 Digital pre-loaded;all-in-one audio books N/A 20% 20% 20% Category 2 Digital pre-loaded;all-in-one audio book pack kits N/A N/A N/A N/A Category 3 Digital pre-loaded N/A N/A N/A N/A Category 4 Audiovisual Pre-loaded;Device included N/A N/A N/A N/A Print Materials Category 5 Adult trade;fiction/non-fiction hardbound N/A 46.5% 40% 46.5% Category 6 Adult trade;fiction/non-fiction paperback N/A 40.5% 20% 40.5% Category 7 Juvenile trade;fiction/non-fiction hardbound N/A 46.5% 40% 46.5% Category Juvenile trade;fictio n/n on-fiction paperback N/A 40.5% 20% 40.5% Category 9 Mass market paperback;rack N/A 40.5% 20% 40.5% Category 10 Non-trade publication;hardbound N/A 8.0% 20% 8.0% Category 11 Non-trade publications;paperback N/A 8.0% 20% 8.0% Category 12 University press N/A 8.0% 20% 8.0% Category 13 Adult library bound;fiction/non-fiction N/A 21.5% 20% 21.5% Category 14 Juvenile library bound;fiction/non-fiction N/A 21.5% 20% 21.5% Category 15 Pre-bound hardbound N/A 10.0% 0% 10.0% Category 16 Pre-bound paperback N/A 10.0% 0% 10.0% Nonstandard Formats Category 17 Music/Audio Compacts Disc;Pre-recorded N/A N/A N/A N/A Category 18 Music/Audio Record Disc,Vinyl;Pre-recorded N/A N/A N/A N/A Category 19 Audiovisual DVD/Blue-ray pre-recorded;feature/non- N/A 28.5% 28.5% 28.5% feature films Category 20 Spoken word/audio compact disc pre-recorded;abridged N/A 45.5% 34% 45.5% Spoken word/audio compact disc pre-recorded;un- Category 21 N/A 45.5% 34% 45.5% abridged Category 22 Spoken word/audio MP3 format pre-recorded;un-abridged N/A 45.5% 34% 45.5% *N/A=not awarded DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 Contract Item List Contract No. 715M2 Publications,Audiovisual Materials, Books,Textbooks,and Ancillary Services Baker&Taylor, LLC Premium Processing-Shelf-Ready Base Price Description Option 1.Mylar,label protectors,spine label,barcode and standard M Mylar Jacket(or Laminate Cover),Label Protectors,Spine ARC Record=$1.48;Option 2.Poly laminate cover,label Label,Barcode,and Standard MARC Record 1.48-2.88 protectors,spine label,barcode and standard MARC Record=$2.08; Option 3.Traditional laminate cover,label protectors,spine label, barcode,and standard MARC Record=$2.88 Option 1.Mylar,label protectors,spine label,barcode,RFID tag Mylar Jacket(or Laminate Cover),Label Protectors,Spine (linked and affixed)and standard MARC Record=$2.17;Option 2. Label,Barcode,RFID Tag(programmed and applied),and 2.17-3.57 Poly laminate cover,label protectors,spine label,barcode,RFID tag Standard MARC Record (linked and affixed)and standard MARC Record=$2.77;Option 3. Traditional laminate cover,label protectors,spine label,barcode, RFID tag(linked and affixed)and standard MARC Record=$3.57 Processing Services Base Price Description Brief MARC Record No Charge If Vendor Offers MARC records,a Brief MARC Record Shall Be Free of Charge,Per the Terms of This RFP Full MARC Record .30 Price per unit,Standard(unedited)MARC Record Mylar Jacket .69 Price per unit,Includes loose,glued or taped Barcode Label 20 Price per unit,Baker&Taylor supplied Barcode Label,Application of Customer Supplied Barcodes is$.25/unit Label(per application-Customer supplied) .25 Price per unit,Customer Supplied Label Label(per application-Vendor supplied) .25 Price per unit,Baker&Taylor Supplied Label Genre Label .25 Price per unit,Baker&Taylor Supplied Label Spine Label .29 Price per unit,Baker&Taylor Supplied Label Label Protector .00 Free of Charge Pocket(paper) .35 Price per unit Pocket(vinyl) N/A N/A Property Stamp(per impression) .20 $.20 for first location,$.10/each additional location Spine Tape(inside) 1.50 Price per unit Spine Tape(Outside) 1 1.50 lPrice per unit Audio Visual Processing and Accessories Base Price Description Spoken Word Audio or Music/DVD Digital Media Processing Digital Processing for Media 5.79 Services. Includes Digital Media Processing with artwork,standard case and fixed data labels. Additional variable labels available for$ .15 per label. Format Conversion Service N/A N/A Hub Label(per application) .99 Price per unit for hub labels,regardless of number of discs Shrink Wrap Removal .60 Price per unit DVD/CD Case,Holds Single Disc(Paper) N/A N/A DVD/CD Case,Holds Single Disc(Plastic) .40 Standard Cases Used to Repackage Singles/Doubles(Polyline) DVD/CD Case,Holds Multiple Discs 1.35 Standard Cases Used to Repackage Multiple Discs as a Set (VERSA/VORTEX CASES) DVD/CD Case,Locking 1.00 SECURE ii LOCKING CASES,SINGLE&DOUBLE(CLEAR OR BLACK) Spoken Audio CD Case;Various Capacities 3.79 Standard black Spoken Word Audio Cases,Upgraded cases available for$4.69/unit DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 Laminated Paperback Covers Base Price Description Polypropylene Laminate;Various Thicknesses 1.29 Price per unit,Clear Poly Laminate(7 mil thickness) Vinyl Laminate;Various Thicknesses 2.09 Price per unit,Traditional Laminate(10 mil thickness) RFID/Theft Deterrents Base Price Description Pre-programmed RFID/Barcode Set(1 Barcode);Applied to 39 Price per unit for application of the Pre-programmed RFID/Barcode book Set,which would need to be Customer Supplied RFID("universal"tag programmed and applied) .69 Link&Affix Baker&Taylor Supplied Universal RFID Tag CD/DVD Overlay RFID Tag 1.50 1 Link&Affix Baker&Taylor Supplied Overlay RFID Tag Theft Deterrent Tape/Strip .59 Baker&Taylor Supplied 3M or Checkpoint Theft Detection Additional Processing Components Additional Processing Components/Services Available: Baker&Taylor Universal RFID Tag:$.25/unit Application of B&T Supplied RFID Tag:$.19/unit Additional Cataloging&Processing Services,as well as Customized Cataloging and Processing Services through Customized Library Services (CLS),are available. Please contact your Customer Service Representative or Sales Representative to learn more. DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 ATTACHMENT C - INSURANCE AND BOND REQUIREMENTS Insurance and Bond Requirements No insurance or bonds are required therefore, Supply Agreement 3491, Section 5 Insurance, Bonds subsection 5 (A) and 5(B) are hereby void. DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40E-89C7A1 F537E2 Attachment D - Warranty Warranty No warranty is required therefore, Supply Agreement 3491 , Section 8, Warranty Requirements subsections 8(A) and (B) are hereby void. Page 1 of 1 CITY OF CORPUS CHRISTI PRICE SHEET CONTRACTS AND PROCUREMENT DEPARTMENT LIBRARY BOOKS,AUDIO AND VISUAL RECORDINGS SENIOR BUYER:TRACY GARZA LIBRARY DEPARTMENTS TEXAS SMART BUY (TXMAS) QUOTE CONTRACT NO. 715-M2 BAKER&TAYLOR, LLC CHARLOTTE, NC ITEM DESCRIPTION QTY UNIT ANNUAL UNIT PRICE EXTENDED TOTAL 1 Physical Materials 5 YEARS $270,000.00 $1,350,000.00 2 Digital Downloadable Content 5 YEARS $80,000.00 $400,000.00 using Axis360 Platform GRAND TOTAL 1 $1,750,000.00 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 20, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste David L3(a)cctexas.com (361) 826-1966 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Lease-Purchase of One Mack LR64 Refuse Truck CAPTION: Motion authorizing the lease-purchase, via JP Morgan, of one additional Mack LR64 Refuse Truck from Grande Ford Truck Sales, Inc, dba Grande Truck Center, of San Antonio, Texas for a total amount of $348,568.25 to be used by Solid Waste in support of the department's new inspection and education program to address contamination in recycling waste, effective upon issuance of the letter of acceptance with FY 2021 funding in the amount of $29,047.35 available through the General Fund. SUMMARY: The motion is to authorize the lease-purchase of an additional side-loading automated refuse collection truck to support the department's new recycling inspection and education program. The program is scheduled to begin in the fourth quarter of FY 2021 . When the program initiates, the truck will collect non-recyclable materials that residents have set out for collection in recycling carts. Funding for the lease purchase was budgeted in the Solid Waste Services' Code Compliance FY 21 operating budget. BACKGROUND AND FINDINGS: Solid Waste Services is introducing a recycling education and inspection program in FY 2021 . The program is designed to decrease the volume of non-recyclable materials collected through the City's recycling program. Solid Waste Services determined that one (1) Mack LR64 Chassis with a New Way Automated Side Loader body refuse truck is ideally suited to support the recycling education and inspection program. The truck will accompany the recycling education and inspection team as they inspect recycling containers for unauthorized materials set out for collection in recycling carts. The truck specifications are overall consistent with the Solid Waste Department's collection fleet and may be readily interchanged with other trucks to support operations as needed. The cost of the recycling education and inspection program will be partially offset by the decrease in non-recyclable materials and associated processing fees delivered to the recycling processor. PROCUREMENT DETAIL: 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 COOP is 12% less than MSRP. In view of these savings through the HGAC COOP, it is the recommended method of purchase for the City. ALTERNATIVES: An alternative is to not purchase this vehicle, thus not collecting the contamination and potentially diminish the recycling education and inspection program's effectiveness. FISCAL IMPACT: The fiscal impact for FY 2021 is estimated at $29,047.35 available through the General Fund. Financing for the lease-purchase of the Mack LR64 Refuse Truck is based on a sixty-month term with an estimated interest rate of 2.00% for an annual estimated payment of$69,713.64. The total estimated cost over the five-year period, including principal of $331 ,444.00 and interest of $17,124.25 is $348,568.25. Total Lease-Purchase Price: $331 ,444.00 Total estimated allowable interest for Lease: $ 17,124.25 Grand Total: $348,568.25 FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12514 Compliance Mission Element: 032 Recycling Project # (CIP Only): Account: 530190 Lease-Purchase RECOMMENDATION: Staff recommends approval of this motion authorizing the lease-purchase of one Mack LR64 Refuse Truck for Solid Waste Operations with Grande Ford Truck Sales, Inc, dba Grande Truck Center, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Contracts&Procurement Lease-Purchase of One Mack LR64 Refuse Truck Buyer: Tracy Garza Solid Waste Department HGACBuy Contract HTO6-20 GRANDE FORD TRUCK SALES, INC.,dba GRANDE TRUCK CENTER SAN ANTONIO,TX ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 2022 Mack LR64 Chassis with a Neway ASL body 1 $331,444.00 $331,444.00 Refuse Truck TOTAL PURCHASE PRICE $331,444.00 Mack Side Loading Garbage Truck i CK ° L w 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 20, 2021 DATE: March 27, 2021 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, Director of Planning and Environmental & Strategic Initiatives Dan ielMc(a)cctexas.com (361) 826-7011 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Emergency Spill Response and Remediation Services CAPTION: Motion authorizing a five-year service agreement for on-call emergency spill response and remediation services for an estimated amount of$140,650.00 with Miller Environmental Services, LLC, of Corpus Christi, Texas. SUMMARY: This service agreement will provide initial emergency response to environmental incidents in which the City is the responsible party, or the responsible party is unknown. BACKGROUND AND FINDINGS: City Environmental Services oversees environmental impacts caused by and to City facilities and projects, including those which cause or discover impacted soil, air, groundwater as well as waters of the state. Mitigation and remediation actions require immediate response as well as notification to proper state environmental agencies. In the past, Environmental Services has had to have an emergency declaration to respond appropriately. Past responses include the discovery of impacted soils and groundwater during public road construction, hydraulic fuel leaks from city vehicles, and the discovery of illegally dumped chemical drums, all are examples of situations where the city had to respond swiftly to address the public health concern. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bid process to obtain bids for new long-term contract. The City received two bids and is recommending award to the lowest responsive, responsible bidder, Miller Environmental Services, LLC. ALTERNATIVES: An Alternative is to declare an emergency for procurement for each incident. The recommended action provides immediate response since bid process has been completed and vendor is in place when needed. FISCAL IMPACT: Environmental Services has historically maintained an emergency professional services balance to address these unexpected spill and remediation response needs. FUNDING DETAIL: Fund: 4010 Water Fund Organization/Activity: 30030 Environmental & Strategic Initiatives Mission Element: 074 Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this five-year agreement with Miller Environmental Services, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreement Certification of Funds mus City of Corpus Christi Bid Tabulation A Contracts and Procurement Department RFB No.3480 Emergency Spill Response and Senior Buyer: Tracy Garza Remediation Services 1852 MILLER ENVIRONMENTAL SERVICES,LLC CORPUS CHRISTI,TX ITEM DESCRIPTION UNIT 5 YEAR QTY UNIT PRICE EXTENDED UNIT PRICE FEXTENDED PRICE PRICE LABOR 1 Normal Service Hours, Hours 875 $65.00 $56,875.00 $475.00 $415,625.00 (M-F 8:00 am—5:00 pm) 2 Service After Hours Hours 250 $97.50 $24,375.00 $555.00 $138,750.00 (5:01 pm—7:59 am) ALLOWANCE MARK-UP% EXTENDED MARK-UP% EXTENDED PRICE PRICE MATERIALS 3 Materials $7,500 20 $9,000.000 15% $8,625.00 4 Equipment $27,000 20 $32,400.00 15% $31,050.00 5 Subcontractor Allowance $15,000 20 $18,000.00 15% $17,250.00 GRAND TOTAL $140,650.00 $611,300.00 *Gainco,Inc.provided all required forms but did not possess the required licensing,therefore they are deemed Non-Responsible DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 �yV SC G° a 0 H SERVICE AGREEMENT NO. .3480 U EMERGENCY SPILL RESPONSE AND REMEDIATION SERVICES yeanaonn!e� 1852 THIS Emergency Spill Response and Remediation Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Miller Environmental Services, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Emergency Spill Response and Remediation Services in response to Request for Bid/Proposal No. 3480 ("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 Emergency Spill Response and Remediation 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 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-month 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 $140,650.00, 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. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 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: Sharon Murphy Environmental Strategic Initiatives 361-826-4066 SharonL@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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 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, 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: Sharon Murphy Title: Environmental Affairs Manager Address: 1201 Leopard St., Corpus Christi, TX 78401 361-826-4066 IF TO CONTRACTOR: Miller Environmental Services, LLC Attn: Mike Kocian Title: Unit Manager Address: 401 Navigation, Corpus Christi, TX 78401 Phone: 361-289-9800 Fax: 361-289-6363 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 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. 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 CONTRAC ^RcuSigned by: 1!FE14E38Q66784Q1 i(t, 1`aua signature• Mike Kocian Printed Name: Title: General Manager Date: 3/18/2021 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 l : RFB/RFP No. 3480 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 Attachment A: Scope of Work General Requirement The contractor shall provide emergency spill response, remediation services for the Environmental Department and the removal of contaminated absorbent from the within jurisdiction of the City of Corpus Christi as outline in the Scope of Work. Scope of Work The Contractor shall provide all supervision, labor, transportation, tools, materials, and equipment necessary for the completion of project services. A. Service Requirements 1 . Contractor shall provide specified services twenty-four (24) hours daily, three hundred sixty-five (365) days yearly on as needed basis. 2. Contractor shall respond within thirty (30) minutes of receiving a work order request/notification form the Environmental Department. 3. Contractor must be on site within two (2) hours of receipt of work order request/notification for services. 4. Contractor shall begin spill response and/or remediation within (2) hours of arrival on site unless otherwise approved by the Environmental Department. 5. Contractor must have sufficient certified/trained personnel to fulfill work demands. 6. Contractor shall have the capacity and capability to respond to on-site highway, in water or shoreline incidents. 7. Contractor shall have the resources and equipment to meet the response time dictated within this scope of work. 8. Contractor shall have the ability to mitigate spill incidents, for example, but not limited to gas, oil, non-hazardous chemicals, and other types of spills. 9. Contractor shall have vacuum trucks available for immediate response to eliminate and/or mitigate pollutant loading and/or contamination to the Municipal Separate Strom Sewer System (MS4) and/or waters of the State. 10.Contractor shall have the ability to perform hydro excavation, when required. 11 .Contractor shall have the capability to perform services in confined spaces and have the safety equipment and training required for support. PAGE 1 OF 4 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 12.Contractor must have the capability to collect analytical samples according to State Standards. Copies of all sample analysis taken shall sent to Sharon Murphy, Environmental Affairs Manager, or her designee. 13.Contractor shall have the capability and equipment to hydro-jet infrastructure lines blocked by a material or hazard. 14.Contractor is responsible for any and/or all decontamination of personnel and equipment. B. Spill Remediation includes any, and all affected areas. C. All items used for spill response and remediation shall be free from the threat of cross contamination. D. Contractor shall provide status updates to the requester throughout the duration of the response. E. Contractor shall report to the requestor the time of completion of services. F. All response and remediation services provided shall be documented by the Contractor. A copy of the work order and invoice shall be submitted to the City with the following information: • Work Order Number • Date • Site Location/Address • Description of response and/or remediation services provided • List of material(s) used • Quantity and Names of Crew Members • Log of timeline, from time of City request to departure from the scene • Signature of on-site City Work Coordinator G. Contractor shall provide follow up services in the event additional remediation is required. H. Clean up materials will be disposed of in accordance with federal, state and local environmental regulations. Invoicing All work will be invoiced and paid based upon contract pricing. All direct expenses incurred should be included and charged accordingly. The City will PAGE 2OF4 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 pay for labor, material(s), and equipment used in the performance of the work as outlined on the contract pricing sheet. Labor will be paid at the blended rates shown for actual hours worked. Material and equipment will be paid at actual costs plus allowed markup. Receipts are required. Subcontractors used will also be allowed if approved in advance and will be compensated in the same manner as the Contractor. The following are NOT billable to the City: 1 . Heat Stress 2. Vest-Fluorescent 3. Hand Tools 4. Lifeline Rope 5. Gas Monitor 6. Tripod 7. Cell Phone 8. Flashlight 9. Portable Lighting Tower 10. Per Diem 1 1 .Other indirect costs to perform work Invoices submitted without the required information will not be processed for payment until the Contractor provides the required information as follows: 1 . Service Agreement Number 2. P.O. Number and Work Order Number 3. Service Address 4. Description of Service Work 5. Itemized list of charges including labor rate, hours charged, etc. 6. Third Party Invoices, i.e., Equipment Rental, if applicable 7. Name of authorizing City representative (on-site Work Coordinator) Work Site and Conditions Work shall be performed at any location within the City of Corpus Christi's jurisdictional boundary and/or any location deemed affected by incidents occurring within the City of Corpus Christi's jurisdictional boundary, which shall include incidents occurring and/or threatening waterways and/or waters of the State for which the City has the responsibility to protect through state issued permits. The work may be required on land, roadways, infrastructure, ditches, waterways, structures, objects, and other items determined to be affected by the incident. PAGE 3OF4 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. PAGE 4OF4 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A iQGnm@ni 6: Bid/Price Sheet �Y1S C. CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM /yLfP 0 R 1552 RFB No. 3480 EMERGENCY SPILL RESPONSE AND REMEDIATION SERVICES Date: 16 March 2021 PAGE 1 OF 1 Authorized Bidder: Miller Environmental Services, LI_C 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. EXTENDED ITEM DESCRIPTION JUNIT 5 YEAR QTY UNIT PRICE PRICE LABOR Normal Service Hours, 1 M-F 8:00 am - 5:00 pm Hours 875 $65/hr. $56,875 Service After Hours 2 5:01 pm -- 7:59 am Hours 250 $97.50/hr. $24,375 EXTENDED ALLOWANCE MARK-UP 7o PRICE MATERIALS 3 Materials $ '7,500 20 $9,000 4 Equipment $27,000 20 $32,400 5 Subcontractor Allowance $15,000 20 $18,000 GRAND TOTAL $140,650 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 Attachment C: Insurance Requirements A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (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. POLLUTION LIABILITY $1,000,000 Per Incident Limit (Including Cleanup and Remediation) $1,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2021 Insurance Requirements Ins. Req. Exhibit Contracts for General Services - Services Performed Onsite - Pollution - Professional Liability 02/04/2021 Risk Management - Legal Dept. DocuSign Envelope ID:28831 D3D-F72B-4F7A-A404-A32403FF7AC0 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3480, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. Page 1 of 1 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 20, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 CISCO SmartNet Maintenance Renewal CAPTION: Motion authorizing a one-year service agreement with Great South Texas Corp, dba Computer Solutions of San Antonio, Texas, in an amount of $74,940.49 for the maintenance renewal for Cisco SmartNet for the Information Technology Department, effective upon issuance of a notice to proceed with FY 2021 funding available in the Information Technology Fund. SUMMARY: This motion authorizes a service agreement with Great South Texas Corp dba Computer Solutions for the maintenance renewal of Cisco SmartNet. This maintenance renewal will provide the necessary support for the City's critical network infrastructure. BACKGROUND AND FINDINGS: Cisco SmartNet maintenance is required for critical network infrastructure which includes support and security updates for hardware and software. Cisco SmartNet includes 24-hour access to network technical assistance center engineers, device management, online technical resources, software updates and hardware replacements. The Cisco SmartNet renewal will ensure that the City of Corpus Christi has support for the critical network infrastructure. PROCUREMENT DETAIL: The IT Department reached out to Contracts and Procurement to issue a contract through the DIR Purchasing Cooperative. Contracts awarded through the DIR Purchase Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: There is no alternative. The critical network infrastructure is a highly secure system that must be maintained and supported by Cisco Smartnet. FISCAL IMPACT: The fiscal impact for Information Technology Department in FY 2021 is an amount not to exceed $74,940.49 for a one-year agreement. This represents a 12% savings from the FY 2020 service agreement of $85,146.87, and a 16% savings from the current list price for these services of $89,214.87. FUNDING DETAIL: Fund: 5210 Info Tech Organization/Activity: 40430 IT Network Services Mission Element: 241 Provide Support Technology Infrastructure Project # (CIP Only): n/a Account: 530230 Equipment Maintenance RECOMMENDATION: Staff recommends approval of this motion authorizing a one-year service agreement with Great South Texas Corp, dba Computer Solutions. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado CISCO SmartNet Renewal DIR-TSO-1467 Great South Texas Corp, dba Computer Solutions San Antonio, Texas Item Description Qty Cost Total 1 CCWR - CISCO SmartNet Renewal 1 $74,940.49 $74,940.49 Total $74,940.49 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBCO ,mus cr, SERVICE AGREEMENT NO. 100648 U CISCO SmartNet Renewal ya er p R n14O xs5a THIS CISCO SmartNet Renewal Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Great South Texas Corp, dba Computer Solutions ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide CISCO SmartNet Renewal in response to Request for Bid/Proposal No. 100648 ("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 CISCO SmartNet Renewal ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for one year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Division, 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 in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $74,940.49, 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 must be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBC0 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: Alan Carlos IT Department Phone: 361-826-3782 alancarlosCcctexas.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. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBC0 accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBC0 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: Alan Carlos Assistant Director of IT 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3782 Fax: n/a IF TO CONTRACTOR: Great South Texas Corp, dba Computer Solutions Attn: David Jones Inside Sales Representative 814 Arion Parkway, Suite 101 , San Antonio, TX 78216 Phone: 210-369-0318 Fax: 210-369-0389 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBC0 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBC0 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBC0 CONTRACTOR DocuSigned by: Signature: LyM'J 16w s 194FE773BSEC4 DD... Printed Name. David Tones Title: inside sales Associate Date: 3/25/2021 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. 100648 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBC0 �pUS C Attachment A: Scope of Work oxPEO c1852 Project Name: Cisco SmartNet Renewal Project Address: City of Corpus Christi, City Hall, 1201 Leopard Street, 1 St Floor, Corpus Christi, Texas, 78401 Scope of Work: 1 . The Contractor shall resell Cisco Smartnet that will provide support for enterprise Cisco software and hardware devices. 2. The Contractor shall resell Smartnet that will include device management, device support, online technical resources, software updates, and advanced hardware replacement. 3. The Contractor shall reference equipment covered in the SmartNet agreement Exhibit #1 , Final CoCC 2021-Smartnet 1 YR 3.18.21 .xls. 1 Cisco Smartnet Renewal: CCWR Quote# 451208802 See Xis Reference Doc - Network Tab 2 Cisco Smartnet Renewal: CCWR Quote# 451208802 See Xis Reference Doc - UCS Tab 3 Cisco Smartnet Renewal: CCWR Quote# 451208802 See Xis Reference Doc - Video Tab 4 Cisco Smartnet Renewal: CCWR Quote# 291736761 See Xis Reference Doc - Network 2 Tab Page 1 of 1 DocuSign Envelope ID:262E50D8-DAA2-4CFD.95E1-36BCE038CBCO.� /pricing Schedule Great South Texas Corp dba Computer Quote r Solutions 814 Arion Parkway,Suite 101 Date Expiration San Antonio,Texas 78216 Mar 15,2021 07:40 PM Date United States A4 CDT 04/30/2021 1=".I]I`11cluber Y http://www.comsoltx.com IrLa, � (P)(210)369-0300 Modified Date (F)210-369-0389 Mar 18,2021 08:28 AM CDT OLIMNESS. TECHROtOGY. INNOVATION Doc# 1029137 -rev 1 of 1 Description Cisco Smartnet Renew 2021 SalesRep Jones, David (P)210-369-0318 (F)210-369-0389 Customer Contact Carlos, Alan (P)361-826-3782 alancarlos@cctexas.com Customer Bill To Ship To Contract City of Corpus Christi(16975) City of Corpus Christi City of Corpus Christi Programs:DISCIS4167- Carlos,Alan Accounts,Payables 1201 Leopard Street CISCO DIR-TSO-4167 EXP 1201 Leopard Street 1201 Leopard Street Corpus Christi,TX 78401 7/3/21 Corpus Christi,TX 78401 Corpus Christi,TX 78401 United States Certifications:WBE/SBE/HUB# United States United States (P)361-826-3740 1942650013800 Exp:04/26/2022 (P)361-826-3740 (P)361-826-4091 Sales Order Type:Drop Ship- (F)361-826-4551 Ship to customers location Customer PO: Terms: Ship Via: Net 30 Days FedEx Ground Special Instructions: Carrier Account#: gig& List Price Oty Unit Price Total 1 Cisco Smartnet Renewal:CCWR Quote#451208802 CISCO-SMARTNET $45,419.71 1 $38,152.56 $38,152.56 See Xls Reference Doc-Network Tab Note: DIR-TSO-4167 Cisco 16%Discount(1YR State/Local GOV) 2 Cisco Smartnet Renewal:CCWR Quote#451208802 CISCO-SMARTNET $19,494.47 1 $16,375.35 $16,375.35 See Xls Reference Doc-UCS Tab Note: DIR-TSO-4167 Cisco 16%Discount(1YR State/Local GOV) 3 Cisco Smartnet Renewal:CCWR Quote#451208802 CISCO-SMARTNET $8,541.00 1 $7,174.44 $7,174.44 See Xls Reference Doc-Video Tab Note: DIR-TSO-4167 Cisco 16%Discount(1YR State/Local GOV) 4 Cisco Smartnet Renewal:CCWR Quote#291736761 CISCO-SMARTNET $15,759.69 1 $13,238.14 $13,238.14 See Xls Reference Doc-Network 2 Tab Note: DIR-TSO-4167 Cisco 16%Discount(1YR State/Local GOV) Notes Subtotal: $74,940.49 See Xls Reference Doc: Tax(.0000%): $0.00 Final CoCC 2021 Smartnet 1YR 3.18.2021 Shipping: $0.00 Total: $74,940.49 (List Price: $89,214.87) Thank you for the opportunity to provide this quote. Page 1 of 1 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBC0 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE ERRORS & OMMISSIONS $1 ,000,000 Per Occurrence $1,000,000 Aggregate 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: Page 1 of 3 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBC0 City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the ''other insurance'' clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. 5. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. Page 2 of 3 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBC0 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 7-B IT Contracts - Software Support, Configuration, Implementation or Maintenance 06/08/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:262E50D8-DAA2-4CFD-95E1-36BCE038CBC0 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. Page 1 of 1 �° a w � 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of April 20, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works Richard M5(a)-cctexas.com (361) 826-3419 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2(a)cctexas.com (361) 826-3169 Purchase of One 2020 Gradall XL3100 Wheeled Excavator for Public Works CAPTION: Motion authorizing the purchase of one replacement 2020 Gradall XL3100 wheeled excavator from Waukesha-Pearce Industries, Inc. of Corpus Christi, Texas for a total amount of $364,233.05, to be used for pavement repairs of City streets by the Department of Public Works, with FY 2021 funding available and included in the Vehicle and Equipment Replacement Fund. SUMMARY: This motion authorizes the purchase of one-wheel excavator to be utilized to excavate base and pavement repairs and/or utility cut restoration repairs across the 2,919 lanes miles that comprise the City of Corpus Christi's street inventory. This unit will replace the one unit currently in Public Works' Street Maintenance inventory. BACKGROUND AND FINDINGS: The Department of Public Works has identified a need to replace the Gradall XL3100 wheel excavator. This current unit has exceeded its useful life expectancy of ten years and 8,400 logged service hours. The unit is 16 years old with 11,327 logged service hours. The current unit is no longer operational since the repairs will exceed the value of the machine and it is awaiting disposition in the auction yard. In the past three years, on average this unit was utilized to restore an average of 14,110 utility pavement cuts to pre-pavement cut quality (the quality of the pavement prior to Utilities cutting into the street and excavating the street's structural base layer) and an average of 149 base and pavement repairs annually. Due to the loss of this unit, street maintenance crews have had to delay base and pavement repairs and utility cut restorations during the first half of FY 2021. Work is currently being completed with assistance from the new asphalt milling machine and a smaller paving unit. While the crew's production is slowly trending upward, they are not meeting monthly performance goals like they would with a functional wheeled excavator. This unit will also be used by the base and pavement crew/operations. This unit also could be used in scenarios in which emergency trenching or excavating is needed, for example stormwater pipe replacements, cave- ins, etc. The 2020 Gradall XL 3100 wheeled excavator purchase includes an extended five-year warranty and in-person on-site employee training for all employees planned to utilize the unit in their normal day-to-day job responsibilities. PROCUREMENT DETAIL: This procurement is being facilitated through the Sourcewell Cooperative. Contracts awarded through the Sourcewell Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of saving on the Sourcewell Cooperative is $14,177.56 less than list price of$378,410.61. In view of this savings, this is the best method of purchase for the City for this Gradall XL3100 wheeled excavator unit. ALTERNATIVES: The alternative to purchasing the wheel excavator is to rent one. However, this will not be cost effective for the long-term, and the equipment may not be readily available when needed, if rented. FISCAL IMPACT: The FY 2021 fiscal impact of this purchase totals $364,233.05 for one 2020 Gradall XL3100 wheeled excavator unit to be funded through the FY 2021 Vehicle & Equipment Replacement Fund. FUNDING DETAIL: Fund: 5111 Vehicle & Equipment Replacement Fund Organization/Activity: 12431 Streets Fund Fleet Mission Element: 201 Manage Fleet Inventories Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $364,233.05 RECOMMENDATION: Staff recommends approval of the capital equipment purchase from Waukesha-Pearce Industries, Inc. for one 2020 Gradall XL3100 wheeled excavator unit. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of One 2020 Gradall Excavator for Public Works Senior Buyer: Cynthia Perez Sourcewell Contract 040319-GRD Waukesha-Pearce Industries,Inc Corpus Christi,TX ITEM DESCRIPTION QTY. UNIT Unit Extended Price Price 2020 Gradall XL3100 Wheeled Excavator 1 4X2 V Hydraulic Excavator, Remote, 1 EA. Highway Speed $364,233.05 $364,233.05 TOTAL: I I 1 $364,233.05 Public Works Department FY 2021 Equipment Replacement & Purchases Council Presentation April 20, 2021 Wheeled Excavator AOL (21-0365) • Replacement for the only wheeled excavator in the Public Works _ fleet. Services the i department's Street Maintenance activities. • Average Annual Production Assists with Utility Cut • Utility Cuts: 14,011 restorations Restorations and base and pavement repairs. • B&P Repairs: 149 repairs z Department of Public Works Questions ? �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of April 20, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Kevin Smith, Director of Aviation kevi ns4a-cctexas.com (361) 289-0171 ext. 1213 Heather Hurlbert, CPA, Director of Finance heatherh3a-cctexas.corr (361) 826-3227 Master Services Agreement Professional Engineering Services for CCIA CAPTION: Motion awarding a Master Services Agreement to Garver, LLC, Corpus Christi, Texas, for planning, architectural, and professional engineering services for the Corpus Christi International Airport, in an amount not to exceed $7,500,000.00 for a five-year term, with FY 2021 funding available from grant funding and the Aviation Capital Fund. SUMMARY: This motion awards a Master Services Agreement (MSA) to perform professional engineering services for planning, architectural and professional engineering services for the Corpus Christi International Airport. The MSA will address airport system master planning, air noise compatibility planning, environmental assessments and preliminary studies. This will also include architectural, civil, geotechnical, structural, mechanical, and electrical engineering services. BACKGROUND AND FINDINGS: The Corpus Christi International Airport (CCIA) is owned, operated, and maintained by the City of Corpus Christi. The airport is located within the City Limits of Corpus Christi, Nueces County. CCIA has direct regional access from State Highway 44 and is five miles west of the Corpus Christi Central Business District. CCIA is made up of over 2,400 acres; 1,100 acres being inside the Airport Operations Area and classified as a non-hub, commercial service airport in the National Plan of Integrated Airports System. Airside facilities generally include, but are not limited to, runways, taxiways, connecting taxiways, airfield lighting, and navigational aids. The existing runway configuration at CCIA includes two runways. Runway 13-31 is oriented to the northwest-southeast and serves as the primary runway. It is 7,510 feet long and 150 feet wide. Runway 18-36 serves as the crosswind runway and is 6,080 feet long and 150 feet wide. The airport enplanes more than 340,000 passengers annually and experiences over 100,000 annual aircraft operations each year. Currently Engineering Services does not have an MSA for airport. The previous MSA with Garver expired on February 15, 2021. The expired MSA with Garver was for$1,500,000.00 for one year with three one-year renewal option for a total not to exceed $6,000,000.00. The proposed MSA is for a five-year term in an amount not to exceed $7,500,000.00. The MSA will support the approved Capital Improvement Program, and Operations & Maintenance projects. These projects include, but are not limited to, Terminal Improvements, Runway/Taxiway Rehabilitation, Aircraft Rescue Fire Fighting Station Apron Improvements, Quick Turn-Around Facility Improvements, Public Cell Phone Lot, CCIA Airfield Pavement Assessment, Airport Master Plan, and International Drive projects. Individual task orders will be negotiated and approved administratively to meet the project requirements. COMPETITIVE SOLICITATION PROCESS Garver, LLC was selected for the Professional Engineering Services for Corpus Christi International Airport in February 2021 under RFQ 3279. Eleven firms submitted under the RFQ and three firms were short listed for interviews. Garver, LLC was selected for this project. The selection committee was comprised with representatives from the Aviation Department and Engineering Services. The final evaluation ranked Garver, LLC the highest and recommended the firm as most qualified based on three factors: 1) experience of the firm, 2) experience of the team and qualifications, and 3) understanding of the scope of services. Garver, LLC has previously held an MSA with the Department of Aviation to provide professional engineering services and has supported numerous projects on the airfield including Multi-Phase Terminal and General Aviation Apron Rehabilitation Project, Airport Operating Area Perimeter Fencing Project, Taxiway "K" Reconstruction, Terminal Assessment, and other numerous projects. ALTERNATIVES: Not awarding this MSA would require Engineering Services to advertise, solicit, and award multiple smaller contracts significantly impacting support for aviation. FISCAL IMPACT: The fiscal impact for FY2021 is an amount not to exceed $7,500,000.00 with funding available from grant funding and the Aviation Capital Fund. Specific funding details will be determined at the time a task order is issued. FUNDING DETAIL: Not applicable. Funding details will be available once task orders are issued for the required work. RECOMMENDATION: Staff recommends approval of this motion to award this MSA to Garver LLC. in an amount not to exceed $7,500,000.00. LIST OF SUPPORTING DOCUMENTS: MSA for Professional Services Location and Vicinity Map t I N NUECES RIVER CITYWIDE PROJECT SCALE: N.T.S. NUECES BAY 181 �oF c °RR/OOR w N Q Z 0 SHIP CHANN 0 CORPUS CHRISTI F°p I Q Y QOQ LEOPARD U 0 a z eq<� 44 CORPUS CHRISTI 0 �/N 286 INTERNATIONAL AIRPORT ORGPN p 3 8 � M 00 "9l pC �0�� A O. V c 0 � 358 CABAN I S S co FIELD <v Qv 43 LOCATION MAP NOT TO SCALE 286 Project Number: RFQ 3279 PROFFESIONAL ENGINEERING CITY COUNCIL EXHIBIT SERVICES FOR CORPUS CHRISTI CITY OF CORPUS CHRISTI,TEXAS INTERNATIONAL AIRPORT DEPARTMENT OF ENGINEERING SERVICES _ w 4$ 1 CCIA AIRPORT Ip N SCALE: N.T.S. AG N ES ST. w a F it i 4M1, 5 i ,I m n �w VICINITY MA 4 NOTTOSCALE Project Number: RFQ 3279 PROFFESIONAL ENGINEERING CITY COUNCIL EXHIBIT SERVICES FOR CORPUS CHRISTI CITY OF CORPUS CHRISTI,TEXAS VWNI INTERNATIONAL AIRPORT DEPARTMENT OF ENGINEERING SERVICES SC o � H SERVICE AGREEMENT NO. 3279 v MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES '"�aeaown�go 1$52 Corpus Christi International Airport (CCIA) This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Garver, LLC, 3755 S. Capital of Texas Highway, Suite 325, Austin, Texas 7874-8810 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — PROJECT TASK ORDER ..................................................................................................2 ARTICLE 11 —COMPENSATION .............................................................................................................3 ARTICLE III —QUALITY CONTROL PLAN .............................................................................................4 ARTICLE IV—OPINIONS OF COST.......................................................................................................4 ARTICLE V— INSURANCE REQUIREMENTS .......................................................................................5 ARTICLE VI - INDEMNIFICATION..........................................................................................................5 ARTICLE VII —TERM; RENEWALS; TIMES FOR RENDERING SERVICE............................................5 ARTICLE VIII - TERMINATION OF AGREEMENT..................................................................................5 ARTICLE IX— RIGHT OF REVIEW AND AUDIT.....................................................................................6 ARTICLE X—OWNER REMEDIES ........................................................................................................7 ARTICLE XI — CONSULTANT REMEDIES.............................................................................................8 ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION..........................................................................8 ARTICLE XIII — MISCELLANEOUS PROVISIONS..................................................................................9 EXHIBITS Pagel Rev. 21-3 ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. The general scope for these Task Orders is outlined in Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed. Task Orders shall become a supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. Consultant will perform the Services in accordance with the approved Scope of Services and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are issued the fully executed Task Order to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 Notwithstanding any provision to the contrary, aside from Consultant's direct subconsultants, Consultant shall not at any time supervise, direct, control or have authority over any contractor's work, nor shall Consultant have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any such contractor, or the safety precautions and programs incident thereto, for security or safety at the project site, nor for any failure of a contractor to comply with laws and regulations applicable to that contractor's services. Consultant shall not be Page 2 Rev. 21-3 responsible for the acts or omissions of any contractor for whom it does not have a direct contract. Consultant neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the construction contract documents applicable to the contractor's work, even when Consultant is performing construction phase services. 1.10 Mandatory Contract Provisions for Airport Projects. Consultant must comply with all mandatory federal contract provisions for Professional Services (A/E) Contracts, included as Exhibit G. Consultant agrees to include the contract provisions in Exhibit G in each subcontract and require each subconsultant to include these contract provisions in all subcontracts. Consultant agrees to incorporate applicable requirements of the contract provisions in Exhibit G by reference for work done under any purchase orders, rental agreements or other agreements for supplies or services. 1.11 For projects that require subsurface utility investigation: 1.11.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.11.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.12 For project with potential utility conflicts: 1.12.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.12.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. ARTICLE II —COMPENSATION 2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed $7.500.000.00. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by the City. 2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act. 2.4.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals Page 3 Rev. 21-3 acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.5 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.6 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. ARTICLE III —QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV—OPINIONS OF COST 4.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 4.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 4.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. Page 4 Rev. 21-3 ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE VI - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement (except from intellectual property provided by City), or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERM; RENEWALS; TIMES FOR RENDERING SERVICE 7.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 7.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of the Agreement until Task Orders are complete. 7.3 The term of this Agreement shall be for a period of five years beginning on the Effective Date, unless extended by authority of the City Manager or designee. 7.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonabletime. ARTICLE VIII - TERMINATION OF AGREEMENT Page 5 Rev. 21-3 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as "Draft" and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 8.3.2 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.3 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of Page 6 Rev. 21-3 this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Except to the extent allowed under applicable law, notwithstanding anything in this Agreement, records shall not be provided related to lump sum services, unit prices, fixed fees or rates agreed upon to the extent the information contains Consultant's proprietary financial information. 9.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Upon reasonable prior notice, Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall use commercially reasonable efforts to include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations. 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 10.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 10.3 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: Page 7 Rev. 21-3 (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, as part of Consultant's existing, authorized fees; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.4 During the bid phase for construction, the Consultant may be required to revise bid documents and re- advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors oromissions. 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11 .2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. Page 8 Rev. 21-3 12.2 Alternative Dispute Resolution 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3 Mediation 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 12.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City's governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Page 9 Rev. 21-3 Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data; provided however, any and all underlying intellectual property, if any (unless provided by City), shall remain the property of Consultant such that Consultant may continue to perform its business in the normal course. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Page 10 Rev. 21-3 13.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 13.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 13.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County,Texas. 13.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in any documents prepared by Consultant and included herein is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. 13.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI GARVER, LLC Michael Rodriguez (Date) Josh Crawford, P.E. (Date) Chief of Staff Texas Aviation Director 3755 S. Capital of Texas Highway, Suite 325 Austin, Texas 7874-8810 (512) 485-0014 jbcrawford@garverusa.com APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Page 11 Rev. 21-3 se G� O H EXHIBIT A U SCOPE OF SERVICES NoeroRpS eo 1852 This Master Services Agreement will meet the ongoing needs of the approved Airport Capital Improvement Program and Operational & Maintenance Projects. Task Orders will be issued for the types of services listed below: 13.16.1 Planning Services This category includes studies under the broad headings of airport system and master planning, airport noise compatibility planning and environmental assessments and related studies. These studies include, but are not limited to, the following activities: • Design Study to establish framework and detailed work program. • Data Collection and facility inventories • Aeronautical forecasts and Demand/Capacity Analysis. • Facility requirements determination. • Airfield modeling for capacity and delay. • Airport layout and terminal plan development • Airport noise studies under 14 CFR parts 150 and 161 . • Compatible land-use planning in the vicinity of airports. • Airport site selection studies. • Airport development schedules and cost estimates. • Airport financial planning and benefit cost analysis. • Participate in public hearings relating to airport development projects. • Airport business plans • Specific airport landside or airside plans • Air service studies • Environmental planning to include categorical exclusions and/or Environmental Assessments. 13.16.2 Architectural/Engineering Services The Contractor/Consultant shall provide basic A/E services normally required for airport development projects. These services are generally of an architectural, civil, geotechnical, structural, mechanical, and electrical engineering nature. In addition, there may be some services outside those normally considered basic. The basic services are usually conducted in, but are not limited to, the four distinct and sequential phases summarized below: 1. Preliminary Phase Master Services Agreement • Conferring with the City of Corpus Christi on project requirements, finances, schedules, early phases of the project, and other pertinent matters and meeting with FAA and other concerned agencies and parties on matters affecting the projects. • Planning, procuring, and/or prepare surveys, FAA Overall Development Objectives Sheets, geotechnical, engineering investigations and engineering studies for preliminary design • Develop design schematics, sketches, environmental and aesthetic considerations, project recommendations and preliminary layouts and cost estimates. 2. Design Phase • Conducting and attending meetings and design conferences to obtain information and to coordinate or resolve design matters. • Collecting engineering data and undertaking field investigation; performing architectural, engineering and special environmental studies. • Preparing engineering reports and recommendations. • Preparing detailed plans, specifications, cost estimates, and design/construction schedules. • Preparing construction safety plans. • Printing and providing necessary copies of engineering drawings and contract specifications. 3. Bidding Phase • Participate in the pre-bid conference to discuss scope of work and to answer scope questions • Review all questions concerning the bid documents and prepare any revisions to the plans, specifications and bid forms that may be necessary. • Assist the City of Corpus Christi in analyzing bid results and preparing conformed drawings and conformed Contract Documents. 4. Construction Phase • Provide consultation, represent the City of Corpus Christi at preconstruction conferences, inspect work in progress, review and approve shop drawings, review, analyze and approve lab results, prepare and negotiate change orders and agreements, review performance tests required, determine amounts owed to contractors, assist in preparing payment requests, make final inspections and submit punch-list, confer on warranty issues and review operations and maintenance manuals, etc. 13.16.3 Other 13.16.3.1 Airspace studies. Master Services Agreement 13.16.3.2 Project Programming and scoping. 13.16.3.3 Cost estimating. 13.16.3.4 FAA grant and PFC application preparation. 13.16.3.5 Geotechnical Testing. 13.16.3.6 Construction Materials Testing. 13.16.3.7 Land Acquisition 13.16.3.8 Project documentation and permitting processes. 13.16.3.9 Environmental Assessments for Land Acquisition. 13.16.3.10 Public Parking Enhancements. 13.16.3.11 Any other work which may arise from a reprioritization of projects or immediate airport needs. In addition to working on specific projects, the successful Contractor/Consultant will be expected to act as a staff member of the Department of Aviation to provide advice and assistance on engineering, planning, and other aviation-related matters. Partial List of CCIA Projects The City of Corpus Christi may choose at its discretion to delete, add, or change any of the projects listed below as needs dictate. 1. Terminal Improvements-This project includes multiple facets of the Terminal, including improvements to Passenger Boarding Bridges, Roof, Windows, Baggage Systems, Restrooms, Public Areas, Escalators, Elevators, Energy Management System, Cooling Towers, Security Issues and Street Repairs. 2. Runway/Taxiway Rehabilitation, Holding Positions - Improvements will consist primarily of milling and overlaying the pavement within the holding position where previous thermoplastic markings were installed for each connector taxiway approaching the runways. Cold tar application and pavement markings. 3. Aircraft Rescue Fire Fighting Station Apron Improvements - The project will consist of extending the vehicle apron surrounding the Aircraft Rescue Fire Fighting (ARFF) station, replace portions of damaged concrete panels. The existing apron has shown signs of deterioration and base failures and needs replacement. The apron extension will allow adequate clearance for the ARFF trucks to maneuver around the station and pull- through the bays verse backing up into the bays. 4. Quick Turn-Around Facility Improvements - The Quick Turn Around Facility (QTA) consolidates the airports' rental car maintenance and storage operations. The design will consist of a total remodel of the current facility which will include replacement of the car wash 5- Touch Brush System, Rinse Arch- Fresh Water System, Reverse Osmosis Rinse unit and associated equipment. The improved Quick Turn Around Facility (QTA) will be a LEED Certified Building consolidating the rental car maintenance and storage operations. The Master Services Agreement facility will allow the fueling, wash and vacuum, light maintenance, and storage of fleet rental car vehicles that service the Airport. 5. Public Cell Phone Lot/ TNC Staging - A "cell-phone lot" is a parking lot where people can wait for arriving passengers. The Transportation Network Company (TNC) Staging lot is a staging area for these company vehicles to park while awaiting their customer's arrival. The purpose of these lots is to reduce traffic and wear and tear of airport roads created by vehicles continuously circling on airport roadways and congestion atairport terminal by providing another location for vehicles to wait until their passenger(s) notify them, via their personal communication devices, of their arrival and location. They were created as a solution to security measures to prevent cars from parking curbside when picking up passengers. Many airports currently offer this option for alleviating traffic congestion and improving security and safety. 6. CCIA Airfield Pavement Assessment (last updated in 2016) - This project is for Airport Pavement Management Program/Assessment (PMP) which includes collecting, analyzing, maintaining and reporting pavement data at Corpus Christi International as described in FAA Order 5100.38, Airport Improvement Program Handbook for Federally Funded Airports. The PMP assists airports in finding optimum strategies for maintaining pavements in safe serviceable condition over a given period for the least cost. The scope of the assessment will be divided into two parts: Part A - Inspection, testing, and evaluation of airside pavements for development of Pavement Condition Index (PCI) and Pavement Classification Number (PCN) values. Part A will include a 5-year pavement maintenance plan. Part B - Development of a maintenance training manual. Part B will include staff training on performing routine maintenance and updating PAVER Database. 7. Airport Master Plan /ALP Update - Airport Master Plan is a comprehensive study of Corpus Christi International Airport and describes short-, medium-, and long-term development plans to meet future aviation demand. CCIA's Master Plan was last updated in 2007. Federal Aviation Administration encourages updating Master Plans approximately every 5 years to reflect changing conditions. Master Plan will include Airport Layout Plan (ALP) Update and Partl 50 Noise Compatibility Study. 8. International Drive - This project is multi-year and may include the following: landscaping, plant trees, etc., long-term cell phone lot installation, monument sign, Business Park signage and frontage, wayfinding, art, dog park and rental car return road. Master Services Agreement Consultant Proposal / Rate Sheet Each Task Order will be negotiated over the 5 year period according to FAA requirements. As applicable, Consultant will provide rate sheets with each T&M Tasks Order or sub-tasks within Task Orders. For 2021, Garver's current rates are shown below. These will be negotiated annually with each task order and are subject to change. Garver 2021 Rates Engineers / Architects E-1................................................................................... $141.00 E-2................................................................................... $167.00 E-3................................................................................... $196.00 E-4................................................................................... $231.00 E-5................................................................................... $284.00 E-6................................................................................... $351.00 E-7................................................................................... $409.00 Planners / Environmental Specialist P-1................................................................................... $171.00 P-2................................................................................... $202.00 P-3................................................................................... $248.00 Designers D-1................................................................................... $127.00 D-2................................................................................... $144.00 D-3................................................................................... $171.00 D-4................................................................................... $200.00 Technicians T-1................................................................................... $109.00 T-2................................................................................... $148.00 T-3................................................................................... $160.00 Surveyors S-1................................................................................... $68.00 S-2................................................................................... $81.00 S-3................................................................................... $112.00 S-4................................................................................... $153.00 S-5................................................................................... $202.00 S-6................................................................................... $236.00 2-Man Crew (Survey)................................................... $257.00 3-Man Crew (Survey)................................................... $311.00 2-Man Crew (GPS Survey).................................................... $304.00 3-Man Crew (GPS Survey)........................................... ......... $357.00 Construction Observation C-1................................................................................... $120.00 C-2................................................................................... $151.00 C-3................................................................................... $182.00 Exhibit B Page 1 of 2 C-4................................................................................... $236.00 Administration X-1................................................................................... $82.00 X-2................................................................................... $104.00 X-3................................................................................... $167.00 X-4................................................................................... $197.00 X-5................................................................................... $207.00 X-6................................................................................... $246.00 Exhibit B Page 2 of 2 0 0 0 0 0 0 -.0- 0 0 0 0 0 0 0 0 0 0 0 0 0 o p o 0 0 0 _ O O O O M O O O m m m LO CO LO O � 0 0 0 0 0 LO 0 0 ~ ~ ~ O O O M 0 V O LO co N — CO = N UL o � C) o a o a) Lu -0V a Q O O O O o CD O o p O O O o �. 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V 0 WI- > V O O O O O O O O p p p 0 O O O +O -� d = N 0 0 0 0 0 O O O m m m 0 O O O l d > 0 0 0 0 0 O O I� r- O � � — O O = Z C\j C\j Na a T- C)O O O O O O O O p p p 0 O O O Q �, 0 0 0 0 0 O O O m m m 0 O O O W cf (B p o 0 0 0 0 0 0 0 0 0 0 o p W Z 60 O 60 60 O 60 N Ef} N O N N U E H-} 60 60 60 60 60 60 Z z a) O O O O O O O O O p p p 0 O O O WW o 0 0 0 0 O O O O m m m O 0 0 O o0 0 0 0 0 0 0 0 0 0 0 0 0 0 �a O O O O O 0 60 60 O O O O cn z ,' O O LO LO O O O O O O Z) W .E-: v � � � 6060 60 60 60606 Z � o ccl U z U (n > a) (B a) a) a) W W .co U a) > 01 fA O Q O N cu t U) a) N O N LL U ? (BOE ai v D_ N .N ccu > '� a� a) N v) J L cu o cu d D > Q ai � N o = ami .� p o E U ° aai _ cu J O Q CU - aa) � o D � a) cu ( cu °� U � � cu -0 o m 0o o_ p m U U a o_ FL O U) U) cn m Q Exhibit C Page 1 of 1 EXHIBIT D Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all insurance commensurate to the applicable scope of work required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must 1 Exhibit D Page 1 of 3 be prior to inception of agreement, have 3-year reporting period provisions and identify any limitations regarding who is insured. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1 .4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1 .5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of Worker's Compensation, and the professional liability/Errors & Omissions policies; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Notwithstanding, notice may be provided by Consultant where carriers refuse to provide to City. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1 .10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. OZISC.� CITY OF CORPUS CHRISTI 04 DISCLOSURE OF INTEREST v RFQ No. 3279 yoAPpRpko Professional Engineering Services for Corpus Christi 1852 International Airport Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: Garver, LLC P. O. BOX: N/A STREET ADDRESS: 3755 S Capital of Texas Highway, Ste. 325 CITY: Austin STATE: Texas ZIP: 78704 -8810 FIRM IS: 1. Corporation H 2.Partnership 3.Sole Owner El4. Association 5.Other Rx Limited liability company DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A Exhibit E Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Michael Griffin, PE Title: Senior Vice President Signature of , Certifying Person: - Date: 12/23/2020 DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest."Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Exhibit E Page 2 of 2 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data.............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 EXHIBIT F Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; EXHIBIT F Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; EXHIBIT F Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. EXHIBIT F Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. EXHIBIT F Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, EXHIBIT F Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. EXHIBIT F Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. EXHIBIT F Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. EXHIBIT F Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. EXHIBIT F Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. EXHIBIT F Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. EXHIBIT F Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work EXHIBIT F Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. EXHIBIT F Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(6) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. EXHIBIT F Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. EXHIBIT F Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. EXHIBIT F Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. EXHIBIT F Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. EXHIBIT F Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop EXHIBIT F Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. EXHIBIT F Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION EXHIBIT F Page 22 of 22 EXHIBIT G: FEDERAL REQUIREMENTS FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-A1 Access to Records and Reports FR-A2 Affirmative Action Requirement (Not Applicable to this Contract) FR-A3 Breach of Contract FR-A4 Buy American Preference (Not Applicable to this Contract) FR-A5 Civil Rights - General FR-A6 Civil Rights - Title VI Assurance FR-A7 Clean Air and Water Pollution Control FR-A8 Contract Workhours and Safety Standards Act Requirements (Not Applicable to this Contract) FR-A9 Copeland "Anti-Kickback" Act (Not Applicable to this Contract) FR-A10 Davis-Bacon Requirements (Not Applicable to this Contract) FR-A11 Debarment and Suspension FR-Al2 Disadvantaged Business Enterprise FR-A13 Distracted Driving FR-A14 Energy Conservation Requirements FR-A15 Equal Employment Opportunity (Not Applicable to this Contract) Section No. Title FR-A16 Federal Fair Labor Standards Act (Federal Minimum Wage) FR-A17 Lobbying and Influencing Federal Employees FR-A18 Prohibition of Segregated Facilities (Not Applicable to this Contract) FR-A19 Occupational Safety and Health Act of 1970 FR-A20 Procurement of Recovered Materials (Not Applicable to this Contract) FR-A21 Right to Inventions (Not Applicable to this Contract) FR-A22 Seismic Safety (Not Applicable to this Contract) FR-A23 Termination of Contract FR-A24 Trade Restriction Certification FR-A25 Veteran's Preference END OF TABLE OF CONTENTS FEDERAL REQUIREMENTS: FR-A1 ACCESS TO RECORDS AND REPORTS The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration, and the Comptroller General of the United States, or any of their duly authorized representatives, access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific Contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this Contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: 2 CFR § 200.333, 2 CFR § 200.336 & FAA Order 5100.38 FEDERAL REQUIREMENTS: FR-A2 AFFIRMATIVE ACTION REQUIREMENT NOT APPLICABLE FOR THIS CONTRACT FEDERAL REQUIREMENTS: FR-A3 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City's notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Reference: 2 CFR § 200 Appendix II(A) FEDERAL REQUIREMENTS: FR-A4 BUY AMERICAN PREFERENCE NOT APPLICABLE FOR THIS CONTRACT FEDERAL REQUIREMENTS: FR-A5 CIVIL RIGHTS - GENERAL The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractor and subtier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. Reference: 49 USC § 47123 FEDERAL REQUIREMENTS: FR-A6 CIVIL RIGHTS - TITLE VI ASSURANCE Compliance with Nondiscrimination Requirements During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR, part 21 . 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contactor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with, litigation with a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471 , Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Reference: 49 USC § 47123 and FAA Order 1400.11 FEDERAL REQUIREMENTS: FR-A7 CLEAN AIR AND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceed $150,000. Reference: 2 CFR § 200, Appendix II(G) FEDERAL REQUIREMENTS: FR-A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS NOT APPLICABLE FOR THIS CONTRACT FEDERAL REQUIREMENTS: FR-A9 COPELAND "ANTI-KICKBACK" ACT NOT APPLICABLE FOR THIS CONTRACT FEDERAL REQUIREMENTS: FR-A10 DAVIS - BACON REQUIREMENTS NOT APPLICABLE FOR THIS CONTRACT FEDERAL REQUIREMENTS: FR-A11 CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the Contractor certifies that neither it nor its principals is presently debarred or suspended by any Federal department or agency from participation in this transaction. The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction," must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1 . Checking the System for Award Management at website: http://www.sam.gov 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 FEDERAL REQUIREMENTS: FR-Al2 DISADVANTAGED BUSINESS ENTERPRISE Contract Assurance (§26.13) - The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non- DBE subcontractors. Reference: 49 CFR part 26 FEDERAL REQUIREMENTS: FR-A13 TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. Reference: Executive Order 13513 and DOT Order 3902.10 FEDERAL REQUIREMENTS: FR-A14 ENERGY CONSERVATION REQUIREMENTS The Contractor and subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq). Reference: 2 CFR § 200, Appendix 11(H) FEDERAL REQUIREMENTS: FR-A15 EQUAL EMPLOYMENT OPPORTUNITY (E.E.O,) NOT APPLICABLE FOR THIS CONTRACT FEDERAL REQUIREMENTS: FR-A16 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor— Wage and Hour Division. Reference: 29 U.S.C. § 201 , et seq. FEDERAL REQUIREMENTS: FR-A17 CERTIFICATION REGARDING LOBBYING The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 , U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Reference: 31 U.S.C. § 1352 — Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(J) and 49 CFR part 20, Appendix A FEDERAL REQUIREMENTS: FR-A18 PROHIBITION OF SEGREGATED FACILITIES NOT APPLICABLE FOR THIS CONTRACT FEDERAL REQUIREMENTS: FR-A19 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor— Occupational Safety and Health Administration. Reference: 20 CFR part 1910 FEDERAL REQUIREMENTS: FR-A20 PROCUREMENT OF RECOVERED MATERIALS NOT APPLICABLE FOR THIS CONTRACT FEDERAL REQUIREMENTS: FR-A21 RIGHT TO INVENTIONS NOT APPLICABLE FOR THIS CONTRACT FEDERAL REQUIREMENTS: FR-A22 SEISMIC SAFETY NOT APPLICABLE FOR THIS CONTRACT FEDERAL REQUIREMENTS: FR-A23 TERMINATION OF CONTRACT Termination for Convenience (Construction & Equipment Contracts) The City may terminate this Contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of City. Upon receipt of a written notice of termination, except as explicitly directed by the City, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1 . Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the City all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. 6. Take action as directed by the City to protect and preserve property and work related to this Contract that City will take possession. City agrees to pay Contractor for: a) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; b) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; c) reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and d) reasonable and substantiated expenses to the Contractor directly attributable to City's termination action. City will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the City's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this Contract. Termination for Default (Equipment) The City may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor: 1 . Fails to commence the Work under the Contract within the time specified in the Notice- to Proceed; 2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms; 3. Fails to make delivery of the equipment within the time specified in the Contract, including any City approved extensions; 4. Fails to comply with material provisions of the Contract; 5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or 6. Becomes insolvent or declares bankruptcy. If one or more of the stated events occur, the City will give notice in writing to the Contractor and Surety of its intent to terminate the Contract for cause. At the City's discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default. If within 10 days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the City, the City has authority to acquire equipment by other procurement action. The Contractor will be liable to the City for any excess costs the City incurs for acquiring such similar equipment. Payment for completed equipment delivered to and accepted by the City shall be at the Contract price. The City may withhold from amounts otherwise due the Contractor for such completed equipment such sum as the City determines to be necessary to protect the City against loss because of Contractor default. City will not terminate the Contractor's right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the City, acts of another Contractor in the performance of a contract with the City, and severe weather events that substantially exceed normal conditions for the location. If, after termination of the Contractor's right to proceed, the City determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the City issued the termination for the convenience the City. The rights and remedies of the City in this clause are in addition to any other rights and remedies provided by law or under this Contract. Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 FEDERAL REQUIREMENTS: FR-A24 TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror— a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001 . The Offeror/Contractor must provide immediate written notice to the City if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or (2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the City cancellation of the Contract or subcontract for default at no cost to the City or the FAA. Reference: 49 USC § 50104 and 49 CFR part 30 FEDERAL REQUIREMENTS: FR-A25 VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Reference: 49 USC § 47112(c) RFQ NO.3279-Professional Engineering Services for Corpus Christi International Airport Ardurra Page Geometrics KSA Mead&Hunt, Group,Inc. Proposal Evaluation Garver,I.I.C. Woolpert,Inc. RS&H,Inc. Parkhill Engineers Inc. Inc. (roup, dba,Inc Southerland Engineering CP&Y,Inc. Bluefin,I.I.C. Page,Inc. P.S.,Inc. LLC) MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Licensing/Certification ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Minimum 10 years experience ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ No material lawsuits during last 5 years ✓ ✓ ✓ ✓ ✓ <° ✓ ✓ ✓ <° ✓ No material regulatory issues last 5 years ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ References Provided for firm ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ TECHNICAL PROPOSAL (50 PTS) 47.66 46.98 45.52 42.32 40.598 40.598 39.9 39.9 37.4 35.7 19.8 Firms'Experience 15 is 14.4 14.8 13.6 14.1 12.2 .6 12.1 1 13.2 10.8 11 1 5.6 Team's Experience 15 is 14.2 14.6 13.8 12.4 11.8 .8 12.6 12.5 11.4 11.9 5.6 Understanding of Project Scope 20 is 19.1 17.6 18.1 15.8 16.6 .7.2 15.2 14.2 15.2 12.8 8.6 INTERVIEW(50 PTS) 48,4 42.8 42.2 N/A N/A N/A N/A N/A N/A N/A N/A Firms'Experience 15 is 14.8 12.7 12.6 Team's Experience 15 is 14.4 12.7 11.8 lUnderstandina of Project Scope 20 is 19.2 17.4 17.8 Total 1 96.1 1 89.8 1 87.7 1 42.3 1 40.6 1 -- 1 - 1 39.9 37.4 1 35.7 19.8 so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 20, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3938 Authorization to submit six grant applications to the Public Safety Office— Homeland Security Grant Division by the Fire Department CAPTION: Resolution authorizing the submission of six grant applications to the Public Safety Office — Homeland Security Grants Division for the Homeland Security Grant Program to prevent terrorism and other catastrophic events for various functions of public safety, such as bomb squad detection, SWAT team improvement, firefighter protection, and hazmat response enhancements, in an amount of$698,797.42. SUMMARY: This resolution authorizes the Corpus Christi Fire Department (CCFD) to submit six grant applications for funding under the Homeland Security Grant Program in the amount of $698,797.42 to the Public Safety Office, Homeland Security Grant Division. The grant funds will support Fire and Police Department functions such as bomb squad detection, SWAT team improvement, firefighter protection, and hazmat response enhancements. BACKGROUND AND FINDINGS: The Homeland Security Grant Program issues grants on an annual basis in order to improve state and local efforts in responding to potential acts of terrorism and catastrophic events, purchasing advanced equipment, and providing enhanced training. Since 2002, the U.S. Department of Homeland Security has issued grants to the State of Texas, who in turn awards the grants to municipalities through the Homeland Security Grant Program. The City of Corpus Christi previously has received funds through this grant program. The City applied for and received funds from this grant for the past 19 years. For FY 2021, the City received $332,809.19 from this grant. CCFD is apply for six grants to fund the following six projects: 1) The Bomb Squad Portable Detection project will fund a portable X-ray unit and disruption devices to provide enhanced protection for the Corpus Christi Police Department (CCPD) bomb squad. 2) The Hazmat Response Enhancement grant will provide equipment that will improve the team's capabilities. 3) The CCFD Safety Enhancement grant will provide personal protective equipment for firefighters to respond to high-risk incidents. 4) The CCPD SWAT Enhancement grant will provide search/detection equipment to increase the team's safety and enhance capabilities. 5) Funding for the CCPD Detection System will provide early detection and screening equipment for the bomb squad. 6)The Bomb Squad Safety Enhancement will provide the CCPD bomb squad with remote firing systems to enhance the safety of the members. Listed below are the projects that CCFD is submitting grant applications for and the funding amounts requested for each. Project Title Amount Requested Bomb Squad Portable Detection $70,940.40 Hazmat Response Enhancement $34,950.22 CCFD Safety Enhancement $272,238.00 CCPD SWAT Enhancement $191,664.00 CCPD Detection System $100,300.00 Bomb Squad Safety Enhancement $28,704.80 TOTAL REQUESTED $698,797.42 ALTERNATIVES: The alternative is to not submit the six grant applications and use the limited emergency response and security capabilities to fund the six projects. FISCAL IMPACT: There is no fiscal impact in FY 2021 with the submission of the grant applications. However, if awarded, grant monies will be appropriated in FY 2022. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends authorizing the Fire Department to submit the six grant applications. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Resolution Resolution authorizing the submission of six grant applications to the Public Safety Office - Homeland Security Grants Division for the Homeland Security Grant Program to prevent terrorism and other catastrophic events for various functions of public safety, such as bomb squad detection, SWAT team improvement, firefighter protection, and hazmat response enhancements, in an amount of $698,797.42. WHEREAS, the City of Corpus Christi finds it in the best interest of the citizens of Corpus Christi that the Bomb Squad Portable Detection, Hazmat Response Enhancement, CCFD Safety Enhancement, CCPD SWAT Enhancement, CCPD Detection System, and Bomb Squad Safety Enhancement projects be operated for the year of 2022; WHEREAS, the City of Corpus Christi agrees to provide applicable matching funds for the said projects with the understanding that matching funds are not required by the Homeland Security Grant Program grant application; and WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the Public Safety Office funds, the City of Corpus Christi assures that the funds will be returned to Public Safety Office in full. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes submission of grant applications to the Public Safety Office for the following projects: 1 . Bomb Squad Portable Detection 2. Hazmat Response Enhancement 3. CCFD Safety Enhancement 4. CCPD SWAT Enhancement 5. CCPD Detection System 6. Bomb Squad Safety Enhancement SECTION 2. The City of Corpus Christi designates the City Manager, or designee, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. Grant Numbers 4067702, 4079502, 4303301, 4308801, 4309001,4309901 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 Grant Numbers 4067702, 4079502, 4303301, 4308801, 4309001,4309901 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 20, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com (361) 826-3873 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Broker of Record Services for Insurance Legal Department CAPTION: Motion to authorize a one-year service agreement for Broker of Record Services for Insurance for $100,000.00 per year, with Acrisure LLC dba Carlisle Insurance of Corpus Christi, Texas, with a right to renew for up to four additional years totaling up to $500,000.00, effective upon issuance of a notice to proceed, with FY 2021 funding up to $33,500.00 available through the Liability/Employee Benefits & Workers' Compensation Fund. SUMMARY: The current Broker of Record Services contract for Property and Excess Liability and Workers' Compensation Insurance is with Carlisle Insurance Agency. It expired on December 15th, 2020 and was extended month-to-month until June 15th. The recent property renewal in May will conclude the five-year contract which started in 2015. The broker of record acts as a professional for the City and obtains underwriter bids from its available markets for property and liability insurance and obtains comparison quotes for insurance purchased from TML under our interlocal agreement. The City's property program is a multi-layered program of more than 19 underwriters (insurance carriers). It covers Flood, Earth Movement, Wind, Named Storm, and Equipment Breakdown (Boiler/Machinery). Some of them are licensed insurance companies and some are out-of-state re-insurers. The City, through the Broker of Record agreement, also purchases multiple flood insurance policies for properties located within Special Flood Hazard Areas in FEMA Flood Zones A and V through the National Flood Insurance Program (NFIP). NFIP premiums are, by law, paid directly to the broker of record. The following are the City's current property coverages. The current policy expires on May 4th. Type Limit Deductible All Risk $ 250,000,000 $50,000 per occurrence Named Storm $ 150,000,000 2% of value. $100k min./$4m max Flood (incl. storm surge) $ 50,000,000 $100,000 per occurrence Wind / Hail $ 250,000,000 $ 50,000 per occurrence The City also purchases Excess Liability and Excess Workers' Compensation through its broker of record agreement. The current policy will expire on October 1 st. The following is the current Excess Liability and Workers' Compensation insurance limits and deductibles: Retention / Per Occurrence Annual Aggregate Limit Type Deductible Limit Workers' Compensation $ 500,000 Statutory - General Liability $ 500,000 $5,000,000 $ 7,000,000 Employee Benefits $ 500,000 $5,000,000 $ 7,000,000 Liability Law Enforcement Liability $1 ,000,000 $5,000,000 $ 7,000,000 Public Officials Liability $ 500,000 $2,000,000 $ 7,000,000 BACKGROUND AND FINDINGS: The City's Risk Management Division manages several insurance policies for the City which include Property, Excess Liability and Excess Workers' Compensation. There are several other policies which are purchased through the Texas Municipal League Intergovernmental Risk Pool (TMLIRP) that include Auto Physical Damage (high valued vehicles over $90,000), Mobile Equipment (heavy equipment), Auto Catastrophic, Crime and Employee Dishonesty, Airport Liability, Airport Excess and Excess Gas Utility Department which automatically renew under the Interlocal Agreement which the broker also assists in renewing by surveying other markets to ensure the City is receiving the best pricing per coverage. Prior to 2015, the City utilized requests for bids to obtain virtually all lines of insurance coverage (with the exception of coverage lines provided by Texas Municipal League (TML) Intergovernmental Risk Pool). In 2015, the City switched to procure property insurance coverage through the Broker of Record on a flat fee basis rather than the traditional contingency percentage basis. The City awarded a Broker of Record contract to Carlisle Insurance Agency effective January 1 , 2016 for Property Insurance for one year with four one-year options to renew. On December 19, 2017, the City's Broker of Record contract was amended to add broker of record services for Excess Liability and Excess Workers' Compensation brokerage services. PROCUREMENT DETAIL: Contracts and Procurement conducted a Request for Proposal process to obtain qualified firms for Broker of Record Services for Insurance. The City received two submittals that continued through the evaluation process. The proposals were screened by a five-member evaluation committee composed of staff from the Legal, Finance and Human Resources for the minimum requirements on a pass/fail basis; and both firms passed to the next level of the evaluation process. The technical proposals were scored based on the published evaluation criteria for maximum of 40 points. The two proposers were interviewed for a maximum of 40 points. The Proposer offering the lowest price received 20 points, the other proposers received a proportional share of the points based on the proration for their price to the lowest price provided. Based on the outcome of the evaluation, it is recommended that the contract be awarded to the highest scoring proposer, Acrisure LLC, dba Carlisle Insurance. ALTERNATIVES: In lieu of awarding this contract, the alternative is to return to procure each type of insurance through the RFP process. The use of the Broker of Record arrangement has advantages because the Tier I property insurance program is multi-layered and requires extensive knowledge and access to the underwriters, allowing repricing of policies based on modified limits and deductibles when the market spikes out of the City's normal budgeted range. The City could, with substantial staff research and use of consultants, return to its old process of bidding out insurance. Returning to the markets after a 5-year hiatus could lead to surprises in bids. The City's coastal location requires multiple underwriters, complicating bid analysis. The lack of direct access to underwriter markets could lead to uncontrollable spikes in proposed premiums. FISCAL IMPACT: Risk Management included this expenditure in its Liability/Employee Benefits & Workers' Compensation Funds 5611 . The Risk Management fund is an internal operating fund based on cost allocation to each department. Approval of this item is an annual reoccurring expenditure. FUNDING DETAIL: Fund: 5611 Liability/Employee Benefits & Workers' Compensation Organization/Activity: 40520 Insurance Premiums Mission Element: 005 Process Claims Against City Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this action item as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP 3468 Broker of Record Services for Insurance Maria Pedraza Acrisure LLC, dba McGriff, Seibels & Proposal Evaluation Carlisle Williams of Texas Inc. Insurance MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Licensing V/ Employee assigned to City is Certified V Minimum Property Insurance Premium Volume V 10 Years in business V/ No material lawsuits during last 5 years No material regulatory issues last 5 years References provided for firm V/ TECHNICAL PROPOSAL (40 PTS) 39.0 27.0 Ability to provide On-site Service(10 pts) 10.0 2.0 Firm's Experience(10 pts) 10.0 9.0 Team Identification(1Opts) 10.0 6.0 Ability to Perform Project(10 pts) 9.0 10.0 INTERVIEW(40 PTS) 40.0 27.0 Ability to provide On-site Service(10 pts) 10.0 2.6 Firms'Experience(10 pts) 10.0 8.8 Team's Identification(1Opts) 10.0 6.1 Ability to Perform Project(10 pts) 10.0 9.5 PRICE(20 PTS) 8.0 20.0 Total 74.0 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT r 1 1 Broker of Record Services CONTRACT NO. 3468 Acrisure LLC, dba Carlisle Insurance Service Agreement Exhibits A-J and Exhibit K are available upon request by contacting Contracts and Procurement, Maria Pedraza at 361 .826.3176 or mariape@cctexas.com opus cr,� o� SERVICE AGREEMENT NO. 3468 E Q Broker of Record Neo na o R a+�� xs52 THIS Broker of Record Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Acrisure LLC, dba Carlisle Insurance ("Broker"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Broker has bid to serve as the City's Broker of Record in response to Request for Bid/Proposal No. 3468 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Broker'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 Broker agree as follows: 1. Scope. Broker will provide Broker of Record 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 one year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to four additional one-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. At the end of the initial term or any renewal term after which the option is not exercised, this Agreement will automatically renew on a month-to-month basis for a period of up to one year unless terminated in accordance with Section 16 below. The pricing for the month-to- month renewals will be the same as the pricing for the final year of the Agreement with payment made monthly in accordance with Section 3 below. 3. Compensation and Payment. This Agreement is for an amount not to exceed $100,000.00, subject to approved extensions and changes. Payment will be made within 30 days of receipt of an acceptable invoice. Broker 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. The Broker may not receive any other remuneration for the Services from any other source. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: 1 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: Gilbert M. Sanchez Legal Department (361) 826-373 Email: GilbertS2@cctexas.com 5. Insurance. (A)Before performance can begin under this Agreement, the Broker 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. Warranty. Broker warrants that all Services will be performed in accordance with the standard of care used by similarly situated brokers performing similar services. 7. Special Duty of Broker. Broker has a duty to provide professional advice and counseling services to the City and to inform the City of policy terms and counsel the City on necessary coverages. 8. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30'" 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. 9. Independent Contractor. Broker 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 Broker be considered an employee of the City. 2 10. Subcontractors. Broker may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Broker 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 Broker is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Broker. 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 Broker 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. 11. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 12. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 13. Taxes. The Broker 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. 14. 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: Gilbert M. Sanchez Risk Manager 1201 Leopard St., Corpus Christi, TX 78401 Phone: (361 ) 826-3739 Fax: N/A IF TO BROKER: Acrisure LLC, dba Carlisle Insurance Attn: Chase Carlisle, CIC, CMIP,CPCU Vice President 500 N. Water St., Suite 900, Corpus Christi, TX 78401 Phone: (361 ) 884-2775 Fax: N/A IS. BROKER 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 3 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 BROKER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE BROKER OR ITS EMPLOYEES OR AGENTS. BROKER 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 BROKER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 16. Termination. (A)The City Manager may terminate this Agreement for Broker's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Broker written notice of the breach and set out a reasonable opportunity to cure. If the Broker 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 Broker. The City Manager may also terminate this Agreement upon 24 hours written notice to the Broker for failure to pay or provide proof of payment of taxes as set out in this Agreement. 17. 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. 18. Assignment. No assignment of this Agreement by the Broker, 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 Broker 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. 19. 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. 4 20. 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 Broker's bid response (Exhibit 2). 21. Certificate of Interested Parties. Broker 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. 22. Governing Law. Broker 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. 23. 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 Broker agrees that the contract can be terminated if the Broker knowingly or intentionally fails to comply with a requirement of that subchapter. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 5 BROKER Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director of Contracts and Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 3468 Exhibit 2: Broker's Bid/Proposal Response 6 ATTACHMENT A: SCOPE OF WORK 1. Background: A. Property 1 . The City of Corpus Christi (City) is the county seat for Nueces County. Nueces County is considered a Tier One location on the Gulf Coast. The Broker of Record referred to herein as Contractor will be required to place the City's Property Insurance Program which currently carries Property Insurance coverage including: All Other Perils, Flood, Earth Movement, Wind, Named Storm and Equipment Breakdown coverages. 2. The City's Property Insurance Program is a layered program with admitted and non-admitted commercial carriers participating. In addition to traditional insured property (buildings and contents), the City's schedule of insured property includes; wharves, docks, piers and fine arts. 3. The City also purchases flood insurance for property located wholly or partially within the Special Flood Hazard Areas (SFHA) as defined by the Federal Emergency Management Agency (FEMA) in Flood Zone A and Flood Zone V through the National Flood Insurance Program. 4. The City has experienced four large property damage losses in the last four years. The Texas State Aquarium is also a named insured on the City's Property Insurance Program. Total Insured Values are estimated at $706,933,206. B. Excess Liability and Worker's Compensation 1 . The City currently carries Excess General Liability, Automobile Liability, Public Officials' Liability & Employment Practices Liability, and Law Enforcement Liability layered above the liability limits established by the Texas Tort Claims Act. 2. The City was qualified as self-insured for liabilities other than Workers' Compensation on October 1 , 1983. The City of Corpus Christi has approximately 3,265 employees and carries Excess Workers' Compensation and Employer's Liability coverage. The Contractor will provide Excess Liability and Workers' Compensation insurance. 2. Contractor duties: A. General broker of record duties: Page 1 of 12 1. Contractor shall market the City of Corpus Christi to qualified insurance companies to include, but not limited to all known insurance markets and contacts and coordinate with underwriters. Carriers must have an A.M. Best rating of A- or higher as defined in the current edition of A.M. Best financial size category rating of VII,which must be maintained through the term of the contract. 2. Contractor shall negotiate renewals to obtain to most favorable rates and premiums, but NOT without consultation, participation, and concurrence of the City of Corpus Christi. 3. Contractor shall participate in audits, as requested by the City, to provide statistical and operational information to include, but not limited to, all aspects of a comprehensive, objective review of the received and processed claims to determine whether the claims are adjudicated according to contractual performance and industry standards. 4. Contractor shall provide unbiased information regarding the most advantageous insurance markets and insurance coverage options for selection by the City. 5. Contractor shall provide an appropriate timeline prior to renewal of the property insurance program to assist in the preparation of detailed underwriting submission data, statements of values, specifications, loss history summaries, and other information required by underwriters. Marketing shall include, but not be limited to; development of insurance specifications and underwriting criteria, development of Requests for Proposals in accordance with Chapter 252 of the Texas Local Government Code, canvassing insurance markets, reviewing suitable manuscript policies, and conducting negotiations on behalf of the City to secure the broadest coverage at the lowest available cost. 6. Contractor shall assist the City in the analysis and design of optimal insurance coverage and keep the City informed of significant property insurance market trends/conditions that may affect its insurance programs both positively and negatively. Contractor shall do so by conference calls and through property insurance industry, publications and reports, including but not limited to; (1 ) Insurance Market Reports, (2) Risk Alerts, (3) State of the Property Insurance Marketplace, (4) Market Watch Terrorism Insurance, and (5) Current Property Insurance publications. Page 2 of 12 7. Contractor shall assist the City in the analysis of insurance policy wording, structure the City's property insurance program to eliminate gaps/overlaps in coverage, and recommend limits and coverages in order to provide the City with the greatest amount of protection. Contractor shall provide the City with a copy of renewal specifications and other documents for review prior to their release to potential property insurance markets. 8. Contractor shall submit to the City a property insurance program renewal recommendation to include, but not be limited to, excess and surplus insurance, for review no later than forty-five days prior to the policy renewal date. 9. Upon City's award of coverage(s) and prior to delivery of policies, Contractor shall verify the accuracy and adequacy of all binders, policies, and endorsements to ensure that wording is complete and accurate, and that coverage is in compliance with specifications. Contractor shall provide the City a summary of any issue(s) found during the verification process and indicate how each issue(s) was resolved. 10. Contractor shall act in an advisory and consulting role to the City for the duration of the Broker contract to ensure that insurance carriers adhere to all terms and conditions negotiated by the Contractor and City. 11 . Contractor shall review various City contracts including, but not limited to, Construction Contracts, A&E Contracts, Design Build Contracts, Professional Service Contracts, Lease Agreements, Right-of-Way Permits, Franchise Agreements, etc. Broker shall provide advice and recommendations regarding establishing minimum insurance requirements, review and tracking of Certificates of Liability Insurance and Fiduciary Bonds including Payment and Performance Bonds etc., when requested. 12. Contractor shall provide assistance with forecasting and budgeting of the annual property insurance premium by covered location. 13. Contractor shall assist the City with the entire claims process, from initial submittal to resolution of the claim(s). Contractor will work with the City's property insurance carriers, Federal Emergency Management Agency, and any other Federal, State or Local agency, throughout the duration of the claim. Page 3 of 12 14. Contractor shall act as the City's advocate in claim disputes and in obtaining reimbursements and settlements from insurance carriers. 15. Contractor shall provide response time for routine requests of less than 24 hours, i.e., certificates of insurance, insurance coverage requirements, etc. 16. Contractor shall attend meetings at the City of Corpus Christi with Risk Management staff and the City Council as reasonably necessary. 17. Contractor shall provide market analysis and comparison services for other insurance-type products purchased by the City, including, Texas Municipal League Intergovernmental Risk Pool (TMLIRP) Coverage. The City of Corpus Christi is also part of TMLIRP and carries Gas Utilities Excess, Airport Liability and Excess Auto Physical Damage for vehicles valued over $90,000, Auto Catastrophic coverage, Mobile Equipment and Animal Mortality. The Contractor will also provide an annual review of these policies to ensure they are competitive with the insurance market. If it is determined TMLIRP insurance products are not competitive, then the Contractor can solicit quotes which are competitive for review and acceptance if determined necessary. B. Property Insurance: 1 . Contractor shall perform broker of record services to obtain property insurance for the City. Contractor shall review Property policy contractual provisions, assess financial strength and stability of insurance carriers, develop specifications for data loss reports, and respond to information requests from the City, and review claims and actuarial reports. 2. Contractor shall read, review and analyze the Property policy and identify areas of concern and recommend alternative solutions. 3. Contractor shall provide alternate limits and deductible structures when requested by the City. Current limits and Deductibles for these coverages are: Limits: All Risk - $250,000,000 (excluding Named Storm, Flood and Earthquake) Named Storm - $150,000,000 (including Flood, Storm Surge, Tidal Wave, Tsunami) Page 4 of 12 Flood/Earthquake $50,000,000 Equipment Breakdown - $100,000,000 per breakdown Deductibles: Flood - $100,000 Except $500,000 each building and $500,000 in each building for contents in those locations wholly or partially within Flood Zones A and V. Named Storm - 2% of Total Insurable Values, per unit of insurance, at the time of the loss at each location involved in the loss or damages arising out of the Named Storm, subject to a minimum deductible of $100,000 and a maximum of $4,000,000 any one occurrence. All Other Perils & Wind - $50,000 Earth Movement - $50,000 /Earthquake Named Insured: The City of Corpus Christi and Texas State Aquarium Policy Term: One-Year Effective Date: 5/4/2022 4. Contractor shall place National Flood Insurance Program (NFIP) polices for specific City of Corpus Christi owned properties. 5. Contractor shall provide to the City immediately following renewal of coverage, a spreadsheet/graph depicting both the AOP and Named Storm carriers for each layer and the premium each carrier is charging. 6. Contractor shall assume oversight responsibilities for the next available May 4th property insurance renewal after the beginning of the Broker of Record contract effective date. 7. Contractor shall provide and collect other governmental Tier 1 property insurance program benchmark information upon request and assist the City with evaluating data in making prudent property insurance decisions. 8. Contractor shall provide current industry catastrophic modeling services for property insurance occurrences, particularly with respect to Named Storm. C. Excess/Umbrella Insurance Page 5 of 12 1 . Contractor shall perform broker of record services to obtain Excess Liability and Workers' Compensation insurance. Contractor shall review Workers' Compensation contractual provisions, assess financial strength and stability of insurance carriers, develop specifications for data loss reports, and respond to information requests from the City, and review claims and actuarial reports. 2. Contractor shall read, review and analyze the workers' compensation excess liability policy and identify areas of concern and recommend alternative solutions. 3. Contractor shall propose current coverage amounts. Contractor may propose additional optional self-insured retention amounts (SIRs) and Limits for Liability and Workers' Compensation. 4. Current limits: Excess Liability, $5,000,000 per occurrence / $7,000,000 aggregate Excess Workers' Compensation, Statutory, Employer's Liability, $1 ,000,000 Current Self-Insured Retention: Excess Liability, $500,000 Excess Workers' Compensation, $650,000 for Police, Fire, Gas Utilities Excess Workers' Compensation, $500,000 for all other employees. Effective/Renewal Date: 10/01 /2021 5. Contractor shall propose excess liability and workers' compensation limit and deductible options at the instruction of the City of Corpus Risk Management Division whenever determined appropriate. 6. Contractor shall advise Risk Management whenever new coverages become available which address potential exposure and risk profile and provide recommendation of obtaining such coverage. 7. Contractor shall provide timely information about the current state of the property insurance marketplace, reviewing a variety of City contracts for assisting in the establishment of minimum insurance requirements, providing catastrophic modeling reports, on-site educational training sessions as Page 6 of 12 requested and providing feedback and advise concerning a wide range of risk management and insurance issues, etc. D. Valuation Services as Related to Property Insurance. If requested, Contractor shall provide property valuation update services during the first year of the Agreement as appropriate to be able to effectively approach the property insurance markets. Contractor may propose to subcontract these services to another entity. The property valuation services should be provided with backup information and be provided in a manner that may be used for future solicitations of insurance, regardless of broker. 3. Additional Background Information: A. City of Corpus Christi Risk Profile and Loss History 1 . The City is committed to providing all statutory workers' compensation benefits provided for by state law. The City also desires to control these costs to the greatest extent possible. The City's current WC Third-Party Administrator is Sedgwick. Workers' Compensation Claims information is attached as (Exhibit A). Texas Workforce Commission Sic Codes is attached as (Exhibit J). 2. The City has provided self-insured workers' compensation for its employees since March 1, 1976. The current workforce is approximately 3,265 employees. During the last four years, the City has averaged approximately 727 workers' compensation claims per year. 3. The Risk Manager conducts a monthly claims review with Workers' Compensation Adjusters. 4. Safety Training, Loss Prevention and Loss Control services are provided "in- house" by the City's Risk Management Division. (See Exhibit B) 5. The City does not have any employees who may be subject to the Longshoremen and Harbor Workers Act, Jones Act or Federal Employers' Liability Act. 6. The City does not have any foreign operations but has a few employees who occasionally travel to foreign countries. 7. City operations involve exposure to heights in several areas that include but may not be limited to: firefighting and maintenance of City owned water towers. Page 7 of 12 8. The City does perform underground repairs of water, sewer and gas lines, but does not perform sub-aqueous or tunneling operations. Employees are trained on shoring and trenching and are also trained on the proper use of self-contained breathing apparatus annually. 9. The City does not engage in the manufacturing, transportation, distribution or storage of explosives or explosive substances. 10. The Annual Financial Report can be downloaded from the City's website at www.cctexas.com. 11 . Named Insured: The City of Corpus Christi, its boards, commissions, trustees, authorities, voluntary associations or other units under the jurisdiction of the City, and the City as its interest may appear in any board or association of which the City is a member. 12. The City operates utility services, except electric, and also operates two freshwater dams. Wesley Seale Dam is located near Mathis, Texas, and Choke Canyon Dam is located near Three Rivers, Texas. Both Dams are currently covered under Excess Liability policy. The City utility operations include water, wastewater, storm water, gas, and solid waste departments. The City owns and operates one solid waste landfill and monitors two closed solid waste landfills as well as the 101 mile Mary Rhodes water pipeline. 13. The City owns two skate parks that are open to the general public. Skate parks are not supervised by City staff. 14. The City owns three splash pads that are open to the general public. Splash pads are not supervised by City Staff. 15. The City does not have any operations involving the repair or construction of watercraft or vessels, including work performed on barges or docks. The City does provide a limited hoist and transport service at the marina for vessels scheduled for repair or dry dock. The marina employees utilize a motorized, belted hoist to lift vessels out of the water and transport them a short distance across land to the repair/dry dock area. 16. The City does not own, operate, or maintain a railroad or own, lease, operate or repair railroad equipment. 17. The City operates a natural gas distribution system for the community, but does not manufacture, produce, or refine gas or other flammables. The Page 8 of 12 City's Gas Department operates a compressed natural gas fueling station. The City does store gasoline in underground storage tanks for its own use. The City currently maintains a separate Excess Liability insurance policy for its Gas Utility. This coverage is not for consideration in this RFP. The Gas Department's most recent Gas Utility Audit is enclosed (See Exhibit D). 18. The City contracts out to third parties, for demolition of structures. 19. The Fire Department's Emergency Driving Operations SOP is attached and is Exhibit G. 20. City does not provide group transportation for employees to or from the workplace. 21 . The City's current Comprehensive City's operations include volunteer and donated labor, such as volunteer reserve police officers and senior volunteers. 22. The City owns watercraft used in connection with the bay areas, dams, and reservoirs as well as beach, Fire and Police rescue operations. Current listing of watercraft is provided in Exhibit C. 23. The City is not aware of any operations that may involve nuclear exposures. 24. The City is not subject to OSHA Hazard Communication standards. 25. The City's Utility Department operations involve the hauling of materials germane to their operation that may include, but may not be limited to: gravel, sand, pipe, refuse, brush and sewer sludge. 26. City's Risk Management staff maintains active membership in Public Risk Management Association (PRIMA) and Texas PRIMA. 27. The City has bond ratings for revenue bonds and general obligation bonds which include certificates of obligation. Each of the three rating agencies has assigned ratings for the City of Corpus Christi's debt. For priority revenue bonds, the rating issued by Moody's Investor Service was affirmed at Aa3; Fitch upgraded their rating to AA from AA-; and Standard and Poor's affirmed their rating of AA-. For junior lien revenue bonds, the rating issued by Moody's Investor Service was upgraded to Aa3 from Al ; Fitch upgraded their rating to AA- from A+; and Standard and Poor's is AA-. For general Page 9 of 12 obligation bonds (including certificates of obligation), the rating issued by Moody's Investor Service is Aa2; Fitch is AA; and Standard and Poor's is AA. 28. City currently utilizes Recordables database program to track self-funded Auto, Law Enforcement, Public Officials/Errors and Omissions, General Liability claims, lawsuits, payments, reserves and other financial information. 29. Currently, the total number of sworn police officers is 446. There are no part time police officers. The total number of unpaid reserve officers is 7. There are currently 5 patrol canines. The City operates its own in-house training academy for training police cadets, civilian police academy and provides ongoing in-service training for sworn officers and civilian personnel. All police officers are Texas Commission on Law Enforcement (TCOLE) certified. 30. Number of police vehicles by type: 168 marked units with computers, 33 marked units without computers, 5 unmarked unit with computer, 138 unmarked units without computers, 10 motorcycles, (see Exhibit E for complete list of all City vehicles). 31 . The City's Police Department has written policies in place regarding pursuits and use of force and Tasers (see Exhibit F). City's Fire Department also has a written policy in place regarding Emergency Driving operations (see Exhibit G). 32. The City of Corpus Christi Magistration and Detention Center is located on the 1 st floor of the Wilson Plaza Building, 615 Leopard, Suite 113. All individuals arrested by the Corpus Christi Police Department are taken to the detention center for processing. Most individuals are magistrated by a Municipal Court Judge. Magistration is conducted at the facility 24 hours a day, 7 days a week. The City currently staffs the facility with 18 full-time detention officers and 4 full-time detention supervisors. The average number of persons detained in the facility is 41 per week or 1 ,240 monthly and the average detention stay is less than 5 - 6 hours. Once processed and magistrated, disposition of arrested subjects is made by transfer to the Nueces County jail or released accordingly. 33. Corpus Christi Police Department has cooperative agreements with the FBI, DEA and Customs. They also participate in the Combined Task Force with the DEA. The City and Regional Transportation Authority purchased the 800 MGHZ shared radio communications system and have mutual agreements with Nueces County, City of Portland, City of Robstown, Nueces County Fire Page 10 of 12 Prevention District 1 & 2 and the Refinery Terminal Fire Company, and the Port of Corpus Christi. 34. The After Hour Kid Power Program is designed for working parents who need a safe environment for their children that would otherwise go home to an unsupervised house. Parks and Recreation Department offers a structured recreational program for youth in elementary school cafeterias. The program is state licensed with staff certified in standard first aid, infant, child and adult CPR, sexual abuse and molestation. Curriculum includes arts and crafts, tennis, drama, sports, games, educational projects, movies and weekly special events. 35. Number of employees involuntarily terminated in each of the last three fiscal years: FY2019-54, FY2018-46, and FY2017-105. 36. Fireworks displays, parades, vendors and special events require permits. Included in the permit process is obtaining certificates of insurance from the permittees. The number of fireworks displays range from 3 to 5 annually and the number of special events varies from 15 to 20 annually. 37. The City currently utilizes staff attorneys from the City Attorney's office to handle litigation cases. This practice is intended to continue. Outside counsel in only hired in litigation matters of potential conflict of interest. 38. The City consists of 27 departments and has a workforce of approximately 3,265. The payroll for calendar year 2018-19 was $215,894,644 and for 2019- 2020 is $179,148,360. 39. Primary Auto/GL Claims are managed by two licensed staff adjusters to conclusion, except cases where litigation is pursued. Litigation cases are referred to staff attorneys in the City Attorney's Office. 40. Excess GL and Auto Liability Loss Runs are attached as Exhibits H & I. 41 . The City's Statement of Property Values, Schedule of Insured Property is attached as Exhibit K. Page 11 of 12 Exhibits A through J are located in a separate file on the Supplier Portal: (http://www.cctexas.com/business/supplierportal) Page 12 of 12 ATTACHMENT B: PRICE SCHEDULE CITY OF CORPUS CHRISTI ' t_ Pricing Form ` CONTRACTS AND PROCUREMENT RFP 3468 Broker of Record Services for Insurance DATE: 03/10/2021 .CARLISLE INSURANCE AGENCY/ �...... �. PROPOSER nTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before � completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1.0 Broker of Record -Property Insurance 1 YR $60,000.00 $60,000.00 2.0 Broker of Record -Excess Liability and 1 YR $40,000.00 $40,000.00 Workers Compensation 3.0 Broker of Record -Valuation services 1 YR INCLUDED IN INCLUDED IN as related to property insurance. I PROPERTY FEE PROPERTY FEE i I Please provide the cost for years 2-5 if the option to renew for four one- I year renewals are exercised. If there would be a discount for a multi-year initial term, please indicate on your response. I Page 1. of 2 Year 2: 4.0 Broker of Record -Property Insurance 1 YR $60,000.00 $60,000.00 5.0 Broker of Record -Excess Liability and 1 YR $40,000.00 $40,000.00 Workers Compensation Year 3: 6.0 Broker of Record -Property Insurance 1 YR I $60,000.00 $60,000.00 7.0 Broker of Record -Excess Liability and 1 YR $40,000.00 $40,000.00 I Workers Compensation i I i Year 4: 8.0 Broker of Record -Property Insurance 1 YR $60,000.00 $60,000.00 9.0 Broker of Record -Excess Liability and 1 YR $40,000.00 $40,000.00 Workers Compensation I Year 5: 10.0 Broker of Record - Property Insurance 1 YR $60,000.00 $60,000.00 11 .0 Broker of Record -Excess Liability and 1 YR $40,000.00 $40,000.00 Workers Compensation t I � I I I I GRAND TOTAL $500,000.00 Page 2 of 2 ATTACHMENT C: INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (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 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. 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. Pagel of 3 B. 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 C. 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: • 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. D. 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. E. 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. F. 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. G. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. Page 2 of 3 H. 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 - Professional Services - Broker of Record 12/28/2020 Risk Management - Legal Dept. Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Broker warrants that all Services will be performed in accordance with the standard of care used by similarly situated brokers performing similar services. Page 1 of 1 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 20, 2021 DATE: March 22, 2021 TO: Peter Zanoni, City Manager FROM: Miles Risley, City Attorney Milesr@cctexas.com (361) 826-3873 Renewal of Property Insurance CAPTION: Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2021 - May 4, 2022) in exchange for annual premium of$3,526,444. SUMMARY: The current property insurance policy expires May 4, 2021. This will be a renewal under a six-month extension of the current Broker of Records Service agreement with Carlisle Insurance expiring June 1, 2021. Limits, coverage and deductible structures will remain as per expiring policy. BACKGROUND AND FINDINGS: The City's Property Insurance Program currently carries property insurance coverage including: All Other Perils, Flood, Earth Movement, Wind, Named Storm and Equipment Breakdown (Boiler/Machinery). The City's property insurance program is a multi-layered program comprised of participating admitted and non- admitted commercial insurance carriers. In addition to traditional insured property (buildings and contents), the City's schedule of insured property includes other specialty insurance type risks: wharves, baseball stadium, docks, piers and fine arts. The City also purchases through our broker of record agreement flood insurance for property located wholly or partially within the Special Flood Hazard Areas (SFHA) as defined by the Federal Emergency Management Agency (FEMA) in Flood Zone A and V through the National Flood Insurance Program that is not included in this amount). This year the city conducted a property assessment at the request of our carriers, to provide a more accurate value assessment of each structure at each location in order to secure quotes from current carriers The result of the survey increased Total Insured Values (TIV) for Policy year 2021-22 to $761,086,240, representing a $55,003,034 or a 7.79% increase over last year's TIV. Further, worldwide catastrophic events the last five years continue to increase rates at same levels seen after Hurricanes Katrina and Rita, although there seems to be some indication that property markets may be stabilizing, this, however, is contingent upon the forecast and outcome of the upcoming Hurricane season. Another factor in the rate and premium increase is that the City has sustained property losses for Hurricane Harvey, Hurricane Hannah and the recent Winter storm Uri which are still open claims. Tota/Insured/Value$ $707,244,943 $703,725,410 $704,560,606 $706,083,206 $761,086,240 (7.79%increase) Property Rate(per$100 $0.2761 $0.2851 $0.3115 $0.4029 $0.4633 value) (14.99%rate Includes recommended increase) opt/on Propertyprem/um $1,952,915 $2,095,849 $2,180,216.15 $2,829,739 $3,505,755 (primary/excess/) Premium+/- $48,835 $157,565 $85,367 $691,239 $681,879 (2.4%decrease (7.3%increase (4%increase from (31.7%increase (23.97% from previous yr.) from previous yr.) previous yr.) from previous yr.) increase from previous yr.) Limits/A// $250,000,000 $250,000,000 $250,000,000 $250,000,000 $250,000,000 Risk NamedStorm $150,000,000 $150,000,000 $150,000,000 $150,000,000 $150,000,000 Flood/Earth Movement $ 50,000,000 $ 50,000,000 $ 50,000,000 $ 50,000,000 $ 50,000,000 ff�=7--- _,,.,J6cdb1e Deductible Deductible Deductible" w® A//Risk $50,000 per $50,000 per $50,000 per $50,000 per $50,000 per occur. occur. occur. occur. occur. Flood(storm surge incl.) $100,000 per $100,000 per $100,000 per $100,000 per $100,000 per occur. occur. occur. occur. occur. NamedStorm 2%Total 2%Total 2%Total 2%Total 2%Total Insurable values Insurable values Insurable values Insurable values Insurable at the time of at the time of at the time of at the time of values at the the loss at each the loss at each the loss at each the loss at each time of the location location location involved location involved loss at each involved in the involved in the in the loss or in the loss or location loss or damage loss or damage damage arising damage arising involved in the arising out of arising out of out of the out of the loss or damage the named the named named storm named storm arising out of storm subject to storm subject to subject to a subject to a the named a minimum of a minimum of minimum of minimum of storm subject $100,000 any $100,000 any $100,000 any $100,000 any to a minimum one occurrence one occurrence one occurrence one occurrence of$100,000 and max. of and max. of and max. of and max. of any one $4,000,000 any $4,000,000 any $4,000,000 any $4,000,000 any occurrence and one occurrence one occurrence. one occurrence. one occurrence. max. of $4,000,000 any one occurrence. Wind/Ha// $50,000 per $50,000 per $50,000 per $50,000 per $50,000 per occur occur occur occur occur Earth Movement $50,000 per $50,000 per $50,000 per $50,000 per $50,000 per occur occur occur occur occur Equipment Breakdown ---------------- $14,631 $14,465 $14,826 $20,677 Total: $2,110,480 $2,194,681 $2,844,565 $3,526,444 Risk Management will employ the following strategies to stabilize increasing premiums: ➢ continue to refine the schedule of properties to lower the total insured values, and ➢ revise the property deductible structure and lower coverage limits for different perils. ALTERNATIVES: Risk Management and Legal Department personnel extensively examined options to reduce coverage by increasing deductibles. Major increases to the City's deductible yielded relatively small savings to the current premium. An increase in the general deductible from $50,000 to $250,000, coupled with an increase in the named storm deductible from 2% per unit to 3% per unit and from $100,000 aggregate minimum to $1,000,000 minimum yielded a premium reduction of less than $200,000. Nonetheless, significant increases in deductible will be considered in the upcoming policy year as a method of reducing the number of claims the City makes. Another alternative that must always be considered is eliminating coverage entirely. We recommend against going bare at this time. The City of Corpus Christi Risk Fund is not actuarially calculated to insure against large catastrophic losses. Such an increase in risk could adversely affect risk perceived by entities that purchase the City's debt instruments, increasing the City's borrowing costs. FISCAL IMPACT: Risk Management included this expenditure in its FY 2021-2022 budget. The Risk Management fund is an internal operating fund based on departmental property value cost allocation to each department. Approval of this item is an annual reoccurring expenditure to limit the City's financial exposure under its current property insurance program. FUNDING DETAIL: Fund: Fund 5611-Liab/EB Liab; Fund 1140-Business Job Dev; Fund 4710-Visitor Facility Organization/Activity: Org. 40520-Ins Policy Premiums; Org.13826-Baseball Stadium; Org. 13625-Arena Operations; Org. 13600-Convention Center/Auditorium Operations; Mission Element: 005, 734, & 734 Project # (CIP Only): Account: 537090-Flood Ins., 537095-Windstorm Ins., & 537420-Property Ins. RECOMMENDATION: Staff recommend the City renew its property insurance as illustrated above as per expiring with the same coverage, limits, sub- limits, deductible structure and policy terms and conditions. LIST OF SUPPORTING DOCUMENTS: Resolution Historical TIV Cost graph Historical Property Rate graph City of Corpus Christi 5 year Property Loss History Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2021 — May 4, 2022) in exchange for annual premium of $3,526,444. WHEREAS, the City utilizes its broker of record to obtain property insurance including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance for protection of the public health or safety of the municipality's residents; WHEREAS, the current coverages are subject to renewal as of May 5, 2021 ; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, the City Council finds that this procurement of property insurance qualifies as an exception to competitive bidding under Local Government Code, Section 252.022(a)(2), as this procurement is necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, the City Council also finds that this procurement is authorized pursuant to Texas Local Government Code Section 252.024, which authorizes a sole broker of record to procure necessary coverages for insurance. 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 property insurance (subject to changes in listed properties), including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through the City's Broker of Record, Carlisle Insurance Agency, for the upcoming policy year (May 5, 2021 through May 4, 2022) in exchange for an annual premium in the amount of $3,526,444. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 1 of 3 Page 2 of 3 Corpus Christi, Texas day of 20 The above resolution was passed by the following vote: Paulette M. Guajardo Roland Barrera Billy Lerma John Martinez Gil Hernandez Michael Hunter Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 3 City of IIWYW Corpus PROPERTY INSURANCE Christi HISTORICAL TIV & COST ------------------- $800 OM $3,526,444 $700.OM $3,500,000 $2,976,323 $2,844,565 $600.OM $2,737,024 $2,860,695 1 $3,000,000 y J $2,673,799 $2,583,817 52,752,3:1 Q p $500.OM $2,500,000 W h $2,001,750 y ? $1,952,915 C01 J $400 OM $2,000,000 O $696.4M $707.3M $703.7M $704.6M $706.1M 0 I>- $300.OM $627.3M aOa $1,500,00 0 $S65.OM $581.9Mw $200M $1,000,000$5494M $10OM 2 _ _ _ _ $500,000 $.OM __ _ __ . $0 10111jeCm 11112jeCm 12113�eCm 13114Sem 1Qj oom 1511blmm 101lwo 1111opo 18119�eCm OSem 1�ecm 2jecm 1912 2012 2112 L ■PROPERTY TIV —0—TOTAL COST CARLISLE I N S U R A N C E City of Carpus PROPERTY INSURANCE Christi HISTORICAL RATES SO.G000 $0.5300 S0.5300 $0.4700 50.4900 S0.4900 50.4633 S0.4384 i 50.4029 sG.4000 } 1 } } } 50.3115 LU 50.2875 a50.3000 S0.2761 $0.2851 } E � I j } i 50.2000 {{ t I 3 � x !� i $0.0000 -q9-TOTAL PROPERTY RATE CARLISLE I N S I \N C E -A 'itmLnL _ Jill cNi, rn Li. N N O O V 14 C1 T l Y 0) 0 a) c A+ c o m'; a �• n fo rD � 0 (D m a c -- 3 m CL W irk; O {h {%y {/} -V"� A^ 'rQy Q1 01 fill's. V N 00 lD W A `Ls' 00 Q W 01 O V tx. . o 00 1p� o r N V O N al O N A yNy V Ln A O N in O Ln O W LI7 O 00 <"; ui O ;? 6 0 to to th to (.n (A V). U 4� it A; 111 0 Q In m: iQ O 00ea, 'A 11. in t/? 4A -JF 'Vf Vh —j; C y Cf ai a IM .l al . 3 m: o w o i° n o 0. 1j $ Z V; O 0000 co V O N s (� ro O al p N 4 N W W; 4 to O W O W Vl LO O tO to ns ao to rD rD F- .ny rD n IDD fl) 000 O.. rD rD L Q A O C (D O v Er o m' rD 0 O cr n a4 rD N N O D _ ai rD n rD n Q3 fD a o u a o_ o mrD y ° rD rD In o] N O SD > > rD O_ O rD rD a n O O O S ro (xl n• rb rD-r O cu n N O O N :3 N y AGENDA MEMORANDUM Resolution for the City Council on April 20, 2021 DATE: March 23, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(o-)cctexas.com 361-826-3575 Outside City Limits Water Contract for EI Caballo Subdivision CAPTION: Resolution authorizing outside city limits water contract with Ruben Perez and Belinda Perez to provide public water to their property located outside the city limits described as Lots 1 and 2, Block 1, EI Caballo Subdivision, also commonly known by its street addresses as 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), located nearest City Council District 3, under Corpus Christi Code Section 55-113. SUMMARY: Ruben Perez and Belinda Perez the owners of the lots located at 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), have submitted a request to enter into OCL water contract in accordance with section 55-110 of the City Code of Ordinances. This request is for a single-family home property located within the ETJ on FM 665 Rd. BACKGROUND AND FINDINGS: Mr. and Mrs. Perez will be building a new home outside city limits, at 7241 Old Brownsville Rd (FM 665) upon approval of the OCL Water Contract and will be building the second home at 7273 Old Brownsville Rd (FM 665) at a future date. They are requesting city water service via an OCL water contract. Mr. and Mrs. Perez are requesting an OCL water contract with the City to provide a stable and sustainable water source for their home and family. Mr. and Mrs. Perez have platted their property as required under section 55-110 of the City Code of Ordinances and have paid the required developer water acreage fees and will pay the required tap fees prior to obtaining a water meter and connecting to city water service for both homes. There is an existing 6-inch water line that fronts the applicants' property and runs north along FM 665 Rd and there are 2 fire hydrants that front the applicants' property. To obtain public water, Mr. and Mrs. Perez must comply with section 55-113 of the City Code of Ordinance and meet the following requirements: a. Enter into a written service contract with the city; b. Submit building plans which comply with all city codes and obtain all city permits as if the property were within the city limits for all future improvements on the residence; and c. Allow inspection of all such building construction. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction of homes may only occur in compliance with City regulations, including building construction permit requirements, as though the property were inside the City. EI Caballo Subdivision was approved by the Planning Commission on January 20, 2021 and recorded in the Nueces County map records on March 17, 2021. EI Caballo Subdivision is located south of Saratoga Blvd. and the corner of Old Brownsville Rd (FM 665) and FM 763. Staff recommends City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners to provide public water to their property located outside the city limits. A city water meter will not be issued until an OCL water contract has been approved by City Council and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, future improvements may only occur if they are in compliance with city regulations, including building permit and inspection requirements. ALTERNATIVES: Deny the request. FINANCIAL IMPACT: If approved, the city will collect fees associated with platting, residential water service, and building permitting and inspections associated with future additions to the home or other structures built on the property. Funding Detail: Fund: N/A Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends City Council authorizing of OCL water contract with Mr. and Mrs. Perez for their two property lots located at 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665) within the Corpus Christi ETJ. LIST OF SUPPORTING DOCUMENTS: Resolution OCL Water Contract (with Exhibits) Presentation Resolution authorizing outside city limits water contract with Ruben Perez and Belinda Perez to provide public water to their property located outside the city limits described as Lots 1 and 2, Block 1, EI Caballo Subdivision, also commonly known by its street addresses as 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), located nearest City Council District 3, under Corpus Christi Code Section 55-113. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council authorizes the City Manager or designee to enter into outside city limits water contract with the property owner(s) of Lots 1 and 2, Block 1 , EI Caballo Subdivision, also commonly known by its street addresses as 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), to provide city water to their respective property located outside the city limits pursuant to Chapter 55, Article VIII of the City Code of Ordinances. 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 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 1 of 1 STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES § Whereas,contracts for water service outside the city limits which include a new water connection must receive approval by the city council before the contract for such service can become effective pursuant to Corpus Christi Code 55-113; and Whereas, the city manager or designated representative is authorized to execute water service contracts meeting all of the requirements contained in Chapter 55,Article VIII of the Corpus Christi Code when no additional service connection is involved or the contract is for temporary water service for a period of not more than one(1)year or for consumption of less than ten-acre feet of water during the entire contract term. THIS CONTRACT AND AGREEMENT made and entered into an original by and between,Ruben Perez and Belinda Perez (Owners), whose address 1018 2311J Street, Corpus Christi, Texas 78405, and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas,of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights,titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi,and further,the property is not principally used for port-related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi,and is generally delineated on the map attached to this contract and marked "Exhibit A"and being more particularly described as follows, to-wit: Lot 1 and 2, Block 1, EI Caballo Subdivision,also commonly known by their street addresses as 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), Corpus Christi,TX 78415 II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. I lV, All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this 1-5, day of M ok.r C 1-► , 2021. OWNER: Ruben Perez and Belinda Perez /` Ruben erez, Owner Belinda Perez, Owner STATE OF TEXAS § COUNTY OF NUECES § .f h This instrument was acknowledged before me on this the day of 2021, by Ruben Perez, Owner cc-,' Notarl Public, State of Texas CRYSTAL MCCORMICK 1PPy P4B'��i Notary Public,State of Texas _�°•, ,•';c Comm.Expires 06-14-2022 Notary ID 125722093 r This instrument was acknowledged before me on this the 2.2-day of Wa-yr'A 2021, by Belinda Perez, Owner Nota6 Public, State of Texas CRYSTAL MCCORMICK n:Notary Public, Stale of Texas 'vf•:..:.:{•� Comm. Expiros 06.14-2022 Notary ID 125722093 I City of Corpus Christi: By: Albert J. Raymond III,AIA, CBO Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of 2021, by Albert J. Raymond III,AIA,CBO, Director of Development Services Department, of the City of Corpus Christi, a Texas home-rule municipal corporation,on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of 12021. Buck Brice Assistant City Attorney for the City Attorney -- o M C R-32- LL `NNSJ���E 0 EI Caballo Subdivision Block 1 Lots 1 & 2 o CD FM-665 OD O a Oo o 0 LL- 0 0 500 1,000 2,000 N FeetExhibit "A" � II ,'�� ��yJ`� ' Water Contract Location Man o ' 1 Q I" Y Site City Limits U � FM 6659 �a M ° sgRgroc, Subject Property CR 26LL • C� ;� Date Created:3124120. _ Prepared By:Rel Department of Development Servic. Projected Coordinate System:NAD_1983_StatePlane Texas_South_FIPS_4205_Fe Projection:Lambert Conformal_Con Doc# 2016044213 I I Warranty Deed with Vendor's Lien Notice of confidentiality rights: If you are a natural person,you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record'in the public records: your Social Security number or i your driver's license number. Effective Date: July 1,2016 Grantor: Alfredo R.Sanchez and Sarah M. Sanchez,husband and wife Grantor's Mailing Address: P.O.Box 5623, Corpus Christi,Nueces County,Texas 78465 Grantee: Ruben Perez and Belinda Perez i Grantee's Mailing Address: 1 U1 k Z3 r I Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are i hereby acknowledged, including a note of even date executed by Grantee and payable to the order of Grantor in the principal amount of Thirty Thousand Four Hundred Forty-Six and no/100 Dollars ($30,446.00).The note is secured by a first and superior vendor's lien and superior title retained in this deed and by a first-lien deed of trust of even date from Grantee to Mark B. Gilbreath, Trustee. Property(including any improvements): THE SURFACE ESTATE ONLY of a 1.20 acre, more or less,tract of land, being part of a I41.418 acre tract(by survey found to contain 140.332 acres) conveyed from Ernest M.Poenisch,Jr.and Cecil E.Burney,Co-Trustees under the Last Will and Testament of Della Isensee Poenisch,to Donald L.Poenisch,et al,by Trustee Deed, dated November 9, 1984, and recorded in Volume 1941, Page 992-994 of the Deed Records of Nueces County,Texas; said 1.20 acre tract of land being out of Lot 4 of the Bishop and Blocker Subdivision of Section VI,Range 3 of the H.L. Kinney Sectionalized Lands, as shown by map recorded in Volume A,Page 52 of the Map Records of Nueces County,Texas;said 1.20 acre tract of land-is comprised of a portion of the"Rincon Del Oso"Enriquez Villareal Survey,Abstract 1,and is situated in Nueces County,Texas,approximately I mile Southwest of the Corporate City Limits of Corpus Christi on F. M. Highway No. 665 (Old Brownsville Road) and F.,M.Highway No. 763,said 1.20 acre tract also being out of a 10.20 acre tract conveyed to Alfredo Sanchez in deed recorded under Document No. 1996029152, Official Public Records, Nueces County, Texas; said 1.20 acre tract of land being more particularly described by metes and bounds in the instrument marked Exhibit I i "A" and also shown as "Tract 5"on the plat marked Exhibit"B"attached hereto and made a part hereof. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: 1. All presently recorded and validly existing easements, restrictions, reservations, covenants,conditions, oil and gas leases; 2. Mineral interests, and water interests outstanding in persons other than Grantor; 3. Validly existing rights of adjoining owners in any walls and fences situated on a common boundary; 4. Any discrepancies,conflicts,or shortages in area or boundary lines; 5. Any encroachments or overlapping of improvements; j i! ;I 6. Taxes for 2004, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership,or both,the payment of which Grantee assumes; 7. Any matters created,permitted or suffered by Grantee after the date of the Contract for Deed referenced below. Grantor is executing this deed and Grantee is accepting same pursuant to the full and complete fulfillment of all terms and conditions of that one certain Contract for Deed dated March 2004,executed by and between Grantor and Grantee. Grantor and Grantee mutually acknowledge that both parties have complied with all the terms and conditions of the Contract for Deed and this deed is being given in consummation of said contract. Grantor and Grantee mutually release each other of any claims or causes of action arising from their actions or failure to act including any failure on the part of Grantor or Grantee to comply with any laws concerning executory contracts. Grantor and Grantee agree that in the event of any conflict between the terms and conditions of the Contract for Deed and this Deed,this Deed shall in all events control. i I, Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging,to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs,successors,and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 2 I i i The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms,at which time this deed will become absolute. I GRANTOR IS CONVEYING AND GRANTEE IS ACCEPTING THE PROPERTY "AS IS", IN ITS PRESENT CONDITION. When the context requires, singular nouns and pronouns include the plural. i Alf#o R.Sanchez Sarah M.Sanchez I AGREED AND 4,CCEPTED BY: Rube�jPere I'(/L(� Belinda Perez I i i STATE OF TEXAS COUNTY OF Nue-ce th This instrument was acknowledged before me on _ _ (% scp f'e<r�� ?O/P by Alfredo R. Sanchez and Sarah M.Sanchez. LISAD.HOELSCHER Notary Public, State of Texas My Notary 10#124771309 My commission expires: ;j• g;� E=xpires July 3,2020 7 — STATE OF TEXAS I COUNTY OF 1U Q ce- S This instrument was acknowledged before me on 2 3 r 5 im b� 20my Ruben Perez and Belinda Perez. .•�l�" h: LISA D.HORS HER Notary Public, State of Texas Nota M commission expires; V! My Notary ID#124771309 y • o a F; ExPlres July 3,2020 3 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: NICOLAS,MORRIS,GILBREATH& NICOLAS,MORRIS,GILBREATH& SMITH,L.L.P. SMITH,L.L.P. 5306 Holly Rd, Ste.A 5306 Holly Rd, Ste.A Corpus Christi, Texas 78413 Ca us Christi,Texas 78411 7/15/20i6m:\os\sanchez alfred-sarah\gutierrez-perez\wdv.doex:sam 4 EXHIBIT "A" February I3,2004 Tract 5,120 Acre STATE OF TEXAS COUNTY OF WJECBS FMLDNOT E DESCRIPTION of a 1.20 sera more or less,tract of land,being part of a 141 AI S acre tract(by survey found to contain,140.332 acres)conveyed from Ernest 1k Poomseh,7r.and Cecil B.Bumpy,Co-Trnustccs under the Last Will and Testament of Della Isausee.hanisch,to. Donald L.Poeniach,at al,by Trustee Dead,date4 November 9, 1984,and recorded in Volume 1941,Page 992-994 of the Dead Records ofNueoes County,Tam;said 1.20 acre tract of land being out of Lot 4 of the Bishop and Blocker Subdivision of Section VI,Range 3 of the R L. Kinney Sectionalized bands, as shown by map recorded in Volumo A,Page 52 of the Map Records of Nuecos County,Torras;said 1.20 awe tract of land is comprisod of a portion of the "Rincon Doi Oso"Buriquoz Villareal Survey,Abstract 1, and is situated in Nuaces County, Tars,approximately 1 MOO Southwest of the Corporate City Limits of Corpus Christi on R M. Highway No,665(Old Brownsville Road)and F.M.Highway-No.763,said 1.20 am trust also being out of a 10.20 acre tract conveyed to Alfmdo Sanchez in dead recorded under Doeament No. 1996029152,'Official Public Records,Nueces County,Texas;said 1.20 acro tract of land being more particularly descnbcd bymctes and bounds as-follows: Commencing: At a 518"hon rod set on the'Bast right-of-way line of F.M.FBrgbway No.763 and on the Weat line of old 10.20 acre tract of land for the POINT OF BEGINNING;ibc Southwest corner of this 1.20 acro tract of land;whanoe a 5/8" Iron rod found for the Southwest comer of said 10.20 acre tract of land baars S 00"54'00"B,a distanoo of 971.52 feet; Thence: N 00°54'OQ"W with the East rlght of-way Iine of F.M Highway No.763,and with the West line of said 10.20 acre tract,a distanea of 7995 feat to a 5/8"Iron rod found at the intetSection on the Bast right-cf-way line of F.M Rigbway No, 763 and the South right-of-way line of F.M ITrghway No.665 for the NortIrwost comer of said 140,332 acre tract of land and the Nortlrymst coracr of said 10.20 acre tract of land for the Northwest comer of this 1.20 arae tract of land; • i Thence: N 74°57'0o"B,with the south right-of-way line of F.M laghway No.665 and with the North line of said 140.332 sore tract of land,a distance of 416.17 feet to a 5/8"iron rod found for the Northwest comet of a 5.40 aura tract described in deed recorded under Dooumant No. '1996011346, OffWal Public Records, Nueoes County,Texas,for the Northeast corner of said 1020 acro tract of land for the Northeast corner of this 1.20 a=tract of land;whence a rar'lioad spike found in the East lino of Lot 3 of said Bishop and Blocker Subdivision bears N 74°57'00"B,a distance of 1761.84 feet; Thence: 5 00°54'00"B,with the Weal fine of said 5.40 acre tract and with the But lino of said 1020 acre tmot, parallel with the East right-of-way line of F. M Highway No. 763, a distance of 179.12 feet to a 5/8" iron rod sot for the Southeast corner of this 1.20 acre tract of land; i Thence: S 88°44'10"W,with the North Eno of said 5.00 acro tract,a distance of 403.55 feet to the,POINT OF BBOW IING,containing 1.20 acre of land,mare or less. B1sbl 5AC Tracts I EXHIBIT "B" 0 B 665 F • ��d r°wr "206 25 to 01 1 .20Ac. ' � w Tract 5 403.55' Cl 1 .00 Ac, a Tract 4 *- 1 .00 Ac. _.. ._._._ o Tract 3 0 Q0 C Qo G 1 .00 Ac. Lf) r a Tract 2 •- 0CN • O to O '� z " C' 1 .00 . QQ cfl o O (� o Tract 1 0-) 00 �-- d 403.55' Lo = O cD CN z o o to Z. 0 10 5.00 ACRES d) SOUTH 5.00 Acres i Of 10,20 Acre Tract U I 4p/ 403.55' 200.00;' 1 N 88° 44' 10" E Doc# 2016044213 Doc# 2016044213 # Pages 7 10/19/2016 4:29PM e-Filed & e-Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $35.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS �tY C(F� v17 � S COUNW CLERK Co NUECES COUNTY..TEXAS RELEASE; OF LIEN Date: June 24,2020 Note: Original Date: October 19,2016 Original Amount: $22,834.50 Maker: Ruben Perez and Belinda Perez Payee: First State Bank of Odem Holder of Note and Lien: First State Bank of Odem P.O.Box 726 Odem,Texas 78370 Note and Lien Are Described in the Following: Note Secured by Deed of Trust dated October 19,2016 and recorded on October 20,2016 in Nueces County Clerk's Doc#2016044314,of the Official Public Records of Nueces County, Texas. Property(including any improvements)Subject to Lien: (a) See Exhibit"A"here to attached: (b) All rights,privileges,hereditaments and appurtenances now or hereafter in any way incident to or pertaining to the Premises; (c) All right,title and interest of Grantor in and to all streets,roads and public places,opened or proposed,and all easements and rights-of-way,public or private,now or hereafter used in connection with the Premises;and (d) All fixtures,improvements,materials,supplies,equipment,systems,apparatus,and other items now owned or hereafter acquired by Grantor and now or hereafter attached to, installed in,or used in connection with(temporarily or permanently)the Premises or any improvements thereto,together with all accessions,appurtenances,replacements, betterments,and substitutions for any of the foregoing and the proceeds thereof. Holder of the note acknowledges its payment and releases the property from the lien. FIRST STATE BANK OF ODEM By:Jimm �Osche Its:Vice President THE STATE OF TEXAS COUNTY OF OUEfi75 This instrument was acknowledged before me on �LW6F Z pl 20?.d by of _T05-t .5{l* 64AA— ok 0 CARLASAYLORS Notary Pub 'c,State ofYexffs HUTAW PUBUC STATE OF TEXAS ID#12435726-7 v My Cams.E Oms 10-07.2072 z I Y N Ol! M Y XX 0 3yI / d � UOQ ma Z C O O b mm Jvl k QQ MM /� W 8°ca4 3N�o n zqo zo o: uj° Z cn 0 °ca rcoJNm� �m kZ� o zo o o U } W a F- J VI - Nj OR W O Oa v N I.L Z Q 4 [0 Y gj mud e'=x� uo Hm w a� LL . U Q }r FIi3� ctntl W <o 02 zo a E a . 11 Z Z i3 Ob m n O NJ W W m 3=rOi1W U4 4DQ O aF O d O — N (L M ° 0 W tlSu° zco6>j & T a q °d �i w CO 0 U Q N Z 0 F" Z N Z Q > v W Lu 1 o o m i m a ! J c. 0 Q W LL dud �owow o Nu waz s w o m Q m O = W z VO' 1a\ 0 3 f-z?w� o �- v S n a LL N fn ° Z wa soo3s'4a'E nets' w N 4 z vt z W W o < N m m a 0 .. 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G /_]o•Mona Lw — �. f-L000 LONE � 1` _10•vearibefgw��_� '� SET�a �l —� seao('w� Te.w• sea'o('isw zv.u' 5 � NOTES: k; AERIAL MAP FH 6"CIP Water Line FM 665 �' N 6"CIP Water Line rn . a W- 1 4 Site '~ n a LL r 4"CIP Water Line M G4 C n c V� STAFF RECOMMENDATION Approval This request is in compliance with the City Code of Ordinances Sections 55-110 so �o p A PH AGENDA MEMORANDUM COR 0R I First Public Hearing for the City Council Meeting of April 13, 2021 1852 Second Public Hearing for the City Council Meeting of April 20, 2021 DATE: March 18, 2021 TO: Peter Zanoni, City Manager Pete rz(a)cctexas.com 361-826-3220 FROM: Daniel McGinn, AICP, Director of Planning and ESI Dan ielmc(a)cctexas.com 361-826-7011 Public Hearings on Annexation of approximately 3.733 acres of land — London Pirate Road (formerly County Road (CR 33), North from Farm to Market Road (FM) 43 (Weber Road) CAPTION: Public Hearing to discuss the annexation of London Pirate Road (formerly County Road 33), being approximately 3.733 acres of land from FM 43 (Weber Road) to the North approximately 1.027 miles, with the City of Corpus Christi currently having an area of 489 sq. miles. SUMMARY: On August 11, 2020, the City entered an Interlocal Agreement with Nueces County for the reconstruction and annexation of CR 33 (London Pirate Road) in the London area. The Interlocal Agreement outlined that Nueces County, and the City of Corpus Christi would share the costs of improving the road with the City taking over ownership and maintenance. The road work has now been completed and the City can move forward with the annexation proceedings to fulfill the requirements of the Interlocal Agreement. BACKGROUND AND FINDINGS: State law requires cities to prepare a service plan for an area before it can be annexed. The Service Plan outlines how the city will provide services for the subject property. The Service Plan for London Pirate Rd. (CR 33) will be limited to services related to the roadway while most service plans are developed to include multiple different types of land uses. The joint City/County road project improved 2,200 linear feet of London Pirate Rd. (CR 33) from the intersection with FM 43 to the rear of the new London ISD Elementary School making it a two- lane road. The existing conditions of London Pirate Rd. (CR 33) are not adequate to support the school traffic and projected development in the area recently annexed by the City. This annexation will include the segment of London Pirate Rd. (CR 33) improved under the Interlocal Agreement and a portion north totaling 5,420 linear feet. The northern portion of London Pirate Rd. (CR 33) runs adjacent to a recently annexed residential development (London Towne Subdivision) and proposed Agape Ranch development. The City's developer trust fund system recently helped pay for a wastewater lift station as part of the London Towne Subdivision, opening approximately 1,000 acres immediately east and west of London Pirate Rd. (CR 33) to public sewer service making higher density single family development possible. Staff is expecting development of this area to continue with more annexations in the very near future. London Pirate Rd. (CR 33) will be the primary access point out to FM 43 (Weber Rd.). ALTERNATIVES: No alternatives were considered for this request. FISCAL IMPACT: There is no financial/fiscal impact associated with this ordinance. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: No decision about the annexation is being made today. LIST OF SUPPORTING DOCUMENTS: Exhibit Map: London Pirate Rd. (CR 33) Annexation Area Map Agenda Memo Presentation Legend ` �•� ®Annexation Area Road Centerline r L.._.City Limits I %I Ij i. Ca bam ss `-Annexation a - Area I � I Annexation Area - ......................... oQ 3.733 Acre O 0=, FMNAP Annexation Area is London Pirate Rd ROW from FM 43, North to the NE corner of the London Towne Subdivision. This alignment of ROW includes a segment already contained within the City limits. The assumption of area associated with the London Pirate Rd ROW is based upon the presumed centerline of the existing roadway and a 30 ROW width. N City of Print Date: 03/18/2021 Cor us Christi Exhibit 8:Annexation Area p = 3.733 acres 0 625 1,250 2,500 1 inch = 1,000 feet Feet MUNICIPAL SERVICE PLAN FOR THE LONDON PIRATE ROAD ROW (formerly County Road 33) Introduction This Service Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of London Pirate Road ROW as depicted in the attached Metes and Bounds (EXHIBIT A) and annexation area map (EXHIBIT B). a. Service to be provided pursuant to Texas Local Government Code 43.056(b) (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection within the City Limits. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression within the City Limits through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services within the City Limits. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers within the City Limits, directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided within the City Limits in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities 1 located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (6) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. (7) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. (8) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. b. Services to be provided pursuant to Texas Local Government Code 43.056(C) (1) Water Service: 2 Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the subject property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (2) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (3) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: Planning and zoning services will be provided by the City. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (4) Other Municipal Services: Excluding gas and electric services,- all other City Departments with jurisdiction in the area will provide services within the City Limits according to City policy and procedure. c. Capital improvement program pursuant to Texas Local Government Code 43.056(e) The City paid $99,000 to Nueces County for shared construction costs associated with the reconstruction and widening of County Road 33, starting at 3 FM 43 northly 2,200 linear feet to the width of 20 feet base material where right- of way permitted. Nueces County completed reconstruction of 2,200 linear feet of County Road 33 north of FM 43. County Road 33 renamed London Pirate Road. (1) Police Protection: No capital improvements are necessary at this time to provide police services. (2) Fire Protection: No capital improvements are necessary at this time to provide fire services. (3) Emergency Medical Service: No capital improvements are necessary at this time to provide emergency medical services. (4) Solid Waste Collection: No capital improvements are necessary at this time to provide solid waste collection services. (5) Water and Wastewater Facilities: No additional capital improvements are necessary at this time to provide water or wastewater services. (6) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (7) Other Publicly Owned Facilities, Buildings or Services: In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide other City services. (8) Capital Improvements Planning: The annexation area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan and Three- Year Capital Budget program. d. Effective Term pursuant to Texas Local Government Code 43.056(1) This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. e. Special Findings The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of 4 service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. f. Amendment: Governing Law This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. g. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. h. Level of Service Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the 5 citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. 6 EXHIBIT A METES AND BOUNDS NOTES for a 3.733 Acres, comprising a portion of the ROW associated with the London Pirate Road (formerly known as County Road 33) Right of Way. This area was defined through the ground survey of the centerline for the paved roadway. The Right of Way for London Pirate Road was then assumed through the identification and description of a 30' wide Right of Way associated with the initially built road constructed by Nueces County. The Annexation Tract being more fully described by metes and bounds as follows; BEGINNING at the Northeast corner of the 102.95 acre tract owned by Bill J. Brown and described in Deed No. C#36676-4 Map of Records Nueces County, Texas; also being the Southeast corner of the 15.01 Acre Tract owned by Betty Jo Camp and described in Doc. No. 2010006571 Official Public Records of Nueces County, Texas; also being a shared corner of the Corpus Christi City Limits; THENCE North 89° 31' 58" East, for a distance of 7.107 feet to the surveyed Centerline of the existing London Pirate Road paved surface; THENCE North 89° 31' 58" East, for a distance of 16.04 feet to the Northeast corner of the tract and the assumed Eastern edge of the Right of Way; THENCE South 20° 16' 42" West, for a distance of 1 ,690.48 feet with the assumed eastern edge of the Right of Way; also being the Southwest corner of the 8.00 acre tract owned by Agape Ranch and described in Doc. No. 2016053230 Official Public Records of Nueces County, Texas; also being a shared corner of the Corpus Christi City limits; THENCE South 20° 16' 42" West, for a distance of 511 .762 feet with the assumed eastern edge of the Right of way; also being the Northwest corner of the 2.00 acre tract owned by Jeremy and Paige Scott and described in Doc. No. 2016034176 Official Public Records of Nueces County, Texas; THENCE South 20° 16' 42" West, for a distance of 3,218.011 feet with the assumed eastern edge of the Right of way for the Southeast corner of the tract; THENCE South 89° 14' 50" West, for a distance of 16.071 feet to the surveyed Centerline of the existing London Pirate Road paved surface; THENCE South 89° 14' 50" West, for a distance of 16.07 feet to the assumed Western edge of the Right of way; THENCE North 20° 16' 42" East, for a distance of 2,054.837 feet with the assumed western edge of the Right of Way; also being the Southeast corner of the 102.95 acre tract previously described; also being a shared corner of the Corpus Christi City Limits; THENCE North 20° 16' 42" East, for a distance of 3,365.587 feet with the assumed western edge of the Right of Way; to a point along the Northern boundary of the aforementioned 102.95-acre tract; also to a point along the City of Corpus Christi City Limits; THENCE North 89° 31' 58" East, for a distance of 8.933 feet with the common boundary line of said 102.95-acre tract to the Point of Beginning, containing 3.733 Acres (162,609.48 Sq. Ft.) of land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. EXHIBIT B ANNEXATION AREA MAP i 1' Linc Oi r6tti0n Di5i2nof t +'� POB L1 1 N8431.59E 7107 2 E 16.04 L10 f a s 20-E-42 W 1690.49 L2 IJ 4 s M-16-42W 111.162 5Se75-1642W 3218 OSI j -----� 6 5 89-14-50 W 16.071 7 s 0-14-50W IIEL07 8 N 20-16-42 E 2054.837 9 N 20-ISP-42 E 3%3GS 10 N 89-31 59 E 8.933 Pon io n of l s.D1 Acre TfaCE O ut of CV ad 6 f'a I"igni On CO.$Urvey No.137 and I.$Gd1 AA_suvey No.L40 VI.3,P6.15,Map Record s of '\ Humes CGU 1,Texas \i � er:Betty jo Calory 'Point Of 1 IDOL No.20 6571,0AR.N.C.T1 �' ! Beginning' Ronwn of 173.21 Acre Trxx r out of sect.m'0, 1 LaUMNIS Fi—Tracts +, W i-3,Pg.:5,Map 10295 's'•a 1 O t Of Tract 2 Records of 14ua_e5.ounty;Texas A----;_.•: +aa 134 � downer:Mary:Rc:a Meaney! [G,;-�• )DOL NO-201603C730,Q.P.R.N.C.Ty I B.DD Acres out of section•D` La ure Wn Farm Tra[TS 17.05 Acle Tracx out of Tri cr 2 %b-3,Pg-15,Map AS1essors M a 154 —=' RKO'dS Of NueceS County,Texas [owner:6ras6ton Devebpmmt CO-) [DOC-No-20L6U33230,OyP.R]1 C.T.) yam_,. [DOC.W.2019019934,D.P.RN.C.T.y � ...—..__...—_—_1 [Owner:Apppe 4flC by — 30.44 Ac' Tract out of /( L4 5eCbn`D• Iau m fes Fam1 Tracts 3,Pg.13,Map 2.00 Aces vu[Of Sedan•D° V, Lt_ _.....� Records Nueces CounTy,Texas [Owner:DraseltOn Devebpment COy uu M 4 s fa MI TractS 56.41 Acre Tract out of l,Nl.9,Pg.13,i Map SeCtion"D• ++ (Doc.No.2019002124,O.P,R.N.C,T,) fSl' RK.DrdS Of NU e[.es Co u nty,Tex as Iaumifts FaR Tracts 11.12 S:• T•3[t out of [Ownd:ie'emy and Pa ige SCOR} lC I.3,Pg.15,Map + x_t:�, D,. [Doc.W.2016034176,O'.P,R.N.C,T[ RKo�fdsof NuKes County,Texas 1 1zu,@—Fi',T,-:z,. .3.9-.I5 Mao .c [Own ef-E faa W h An ne Me aney, R _=a_ I_�_ss.=_ !, 's•.as �.�,.�..�..,......,...�.. Trustee Of Lucy A.Haynes Trust) Ion•=- F =_t• ht=_,•S, 20.00 Ac re Tract out of Tra ct 2 .—LS- (Doc-Na:204%062630,O:P,R.N.C.T.)"� T-4;:ea=*: „•=:r IAssessors Map 154 I [tamer:London Independent L7 + 13 51hao]D.SLrirt) LB 67 41 AcresLOut Of [DOL No.2005027436,O.P.R.N_C.T.y Q Tract 7 of seetlu n'0• LaUMIN Fa is + 4e [Oo .cR3667s.4[ r �`� cawner:6:tt-Brown[ I f?{iC'Cher 4�dra 1 ' L7 L6 N City of Print Date:03123/2021 Cor us Christi Ext++bit B.A nnex ation A rea P =3.733 acres 0 625 1,250 2,500 ) i,.I = 1 000 feet immmFeet 9 Petition Requesting Annexation from Nueces County (3.733 acres — London Pirate Road (CR 33 ROW) Public Hearing City Council Presentation April 13, 2021 April 20, 2021 Background • This annexation will include the segment of London Pirate Road (formerly CR 33) for a distance of 5,420 linear feet north of FM 43 (Weber Road). • This annexation is the final step in implementing the Interlocal Agreement with Nueces County (August- 2020) which outlined shared costs to improve the roadway and future maintenance responsibilities. nC Aerial Overview of Annexation Tract .�..� _ Legend It•� s� a L y Annexation Area—••--I � t 3.733 Acre r EL N VJeher Rd aP6 `tib FM 43 P1 .. I Annexation Tract Lig�nd It C..�City_ f � N --------------'-� r+, i -------------- I Annexation Areat•-------••----+ 3.733 Acre � i I x k Z8fi FM 43 N „r r Annexation Schedule 3-30-2021 — Resolution from City Council to Create Service Plan 4-01-2021 — Written Notices Mailed to Public & Private Service Providers 4-01-2021 — Newspaper Publication of notice & City Website 4-13-2021 — 1 St Public Hearing (No Action Required) 4-20-2021 — 2nd Public Hearing (No Action Required) 5-11-2021 —Annexation Ordinance 1St Reading 5-18-2021 —Annexation Ordinance 2nd Reading —Annexation Complete 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 20, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2Ca-)cctexas.com (361) 826-3169 Infor Software Upgrade and Subscription Renewals CAPTION: Resolution authorizing a six-year service agreement with Infor US, Inc., of New York, New York in an amount of $5,962,498.33 for Infor license subscriptions and $1 ,041 ,616.27 for one time implementation cost for a total of $7,004,114.60, effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of $178,821 .92 for prorated Infor license subscriptions and $1 ,041 ,616.27 for one time implementation costs available through the Information Technology Fund. SUMMARY: This resolution is to purchase services to upgrade the current Infor systems, renew current license subscription and to add additional licenses and functionality. BACKGROUND AND FINDINGS: On May 2013, the City purchased the Infor Enterprise Resource Planning (ERP) software. This Infor ERP software includes the following: • Infor Public Sector (IPS): Developer permits and utility billing • Supply Chain Management: Strategic Sourcing, Contract Management, Purchase Orders & Requisitions, and Inventory Control • Financial Management: Project Accounting, Asset Management, Accounts Payable, Payroll, General Ledger, Grant Management, Accounts Receivable, Cash and Treasury Management, CPM Budgeting & Planning • Human Resources Management: Talent Management, Talent Acquisition, Compensation Management, Performance Management, Benefits Management and Absence Management • Expense Management: Expense Reports, Travel Plans and Payment Requests The Infor ERP software was implemented in October 2014 and has not been upgraded since. This software is now end of life and must be upgraded. The current Infor ERP software will be upgraded at no cost to the City and will be migrated from single cloud technology to multi cloud technology to ensure the City will have proper support and stay current with the latest software. The software upgrade and migration to multi-tenant cloud is an in-kind contribution from Infor to the City which has a value of$1 ,070,958. This project to upgrade the Infor ERP software also includes the following new software: • Rhythm for Civics is the customer facing portal for IPS, allowing customers to start Community Development and Regulatory (CDR) applications, respond to reviews, add attachments, communicate with the permit office, pay fees and more. Customers can also create service requests and schedule inspections, including 3rd party inspectors. • DigEplan is integrated into IPS and Rhythm so CDR applicants can upload plans to the permit applications and reviewers can view the plans electronically. Full drawing management and markup tools are provided, and feedback given to the applicants immediately once the review is complete. • CloudSuite Analytics for Human Capital Management (HCM) and Financials. Infor Birst is a cloud- based analytics and business intelligence platform. It simplifies the process of creating reports with built in data models and allows you to bring data from other systems and data sources such as spreadsheets if required. Birst provides the ability to create dashboards for business use cases, with users able to drill down into the data to find out more details. • The Infor CDR suite provides permitting, licensing and code enforcement capabilities to the City agencies. We will be adding additional users for this functionality. • Infor ION provides the backbone for communications between Infor software including IPS, Birst and CloudSuite Financials. The new Infor ERP software are discounted from $813,868 to $305,000 annually, which is a cost saving of $2,544,340 over five years. The new Infor ERP software for FY 2021 is prorated. Implementation of the new Infor ERP software totals $1,041 ,616.27. The Infor ERP software will not increase in cost until the fourth year with a three percent increase and then stay the same for the remaining two years. Subscription FY21 FY22 FY23 FY24 FY25 FY26 Current $831,282.20 $831,282.20 $831,282.20 $856,220.67 $856,220.67 $856,220.67 License Subscription New $178,821.92 305,000.00 305,000.00 $314,150.00 $314,150.00 $314,150.00 License Subscription Total Cost $1,010,104.12 $1,136,282.20 $1,136,282.20 $1,170,370.67 $1,170,370.67 $1,170,370.67 PROCUREMENT DETAIL: This is a sole source procurement with Infor US Inc. On May 2013, the City purchased the Infor ERP software. This project will upgrade all current systems to a fully supported version and add new functionality. Infor US Inc. is the copyright owner and sole source vendor for these software projects. ALTERNATIVES: There is no feasible alternative based on the current environment. The critical Infor ERP software must be upgraded to continue receiving updates and support for a stable and secure system. FISCAL IMPACT: Funding for FY 2021 of $1 ,220,438.19 will come from the Information Technology Fund. FUNDING DETAIL: Fund: 5210 Information Technology Organization/Activity: 40470 IT Application Services Mission Element: 242 Provide Software Applications support Project # (CIP Only): Account: 520105 Computer Software Cost: $178,821 .92 Fund: 5210 Information Technology Organization/Activity: 40470 IT Application Services Mission Element: 242 Provide Software Applications support Project # (CIP Only): Account: 530000 Professional Services Cost: $1 ,041 ,616.27 RECOMMENDATION: Staff recommends approval of this resolution authorizing this purchase with Infor US, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Agreement (available to Councilmembers upon request) Resolution authorizing a six-year service agreement with Infor US, Inc., of New York, New York in an amount of $5,962,498.33 for Infor license subscriptions and $1,041,616.27 for one time implementation cost for a total of$7,004,114.60, effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of $178,821.92 for prorated Infor license subscriptions and $1,041,616.27 for one time implementation costs available through the Information Technology Fund. WHEREAS, Infor US, Inc will provide software upgrade and subscription renewals for the IT Department; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve of protect the public health and safety of the City's residents; 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; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (D), as this purchase is available from only one source due to captive replacement parts or components for equipment. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a service agreement for Infor software upgrades and subscription renewals from Infor US, Inc. from New York, New York, for an amount not to exceed $5,962,498.33. A copy of the agreement will be on file in the Office of the City Secretary. Page 1 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 Page 2 of 2 City of Corpus Christi Infor Upgrade Sr. Buyer: Minerva Alvarado Sole Source Infor US Inc. New York, NY Item Description Quantity Cost Total Subscription Software-through 1 October 30, 2021 1 $0.00 $0.00 Renew Subscription -October 31, 2 2021-October 30,2022 1 $831,282.20 $831,282.20 Renew Subscription -October 31, 3 2022-October 30,2023 1 $831,282.20 $831,282.20 Renew Subscription -October 31, 4 2023-October 30,2024 1 $856,220.67 $856,220.67 Renew Subscription -October 31, 5 2024-October 30,2025 1 $856,220.67 $856,220.67 Renew Subscription -October 31, 6 2025-October 30,2026 1 $856,220.67 $856,220.67 Renewal Subscription Fee $4,231,226.41 Subscription Software-through 7 October 30, 2021 1 $178,821.92 $178,821.92 Subscription Fee for October 31, 8 2021-October 30, 2022 1 $305,000.00 $305,000.00 Subscription Fee for October 31, 9 2022-October 30, 2023 1 $305,000.00 $305,000.00 Subscription Fee for October 31, 10 2023-October 30, 2024 1 $314,150.00 $314,150.00 Subscription Fee for October 31, 11 2024-October 30, 2025 1 $314,150.00 $314,150.00 Subscription Fee for October 31, 12 2025-October 30, 2026 1 $315,150.00 $314,150.00 Newly Licensed Subscription Software $1,731,271.92 Total $5,962,498.33 SC �o w h �� O F v NoAPORpY o AGENDA MEMORANDUM xss2 Action Item for the City Council Meeting of April 20, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works rich ardm5(a)cctexas.com (361) 826-3419 Heather Hurlbert, CPA, Director of Finance & Business Analysis heatherh3(a)cctexas.com (361) 826-3227 Construction Contract Award Residential Street Rebuild Program Re-Bid Base Bid A CAPTION: Motion awarding a construction contract to JE Construction Services, Corpus Christi, Texas, for the Residential Street Rebuild Program: Re-Bid Base Bid A in an amount of$6,144,164.90, for 15 streets located in Council Districts 1, 3, and 4, with FY 2021 funding available from the Residential Street Reconstruction, Storm Water, Wastewater, Water and Gas Capital Funds. SUMMARY: This motion approves a construction contract with JE Construction Services for Re-Bid Base Bid A for the Residential Street Rebuild Program (RSRP). The RSRP bid includes construction of 15 streets projects located in various Council District. BACKGROUND AND FINDINGS: RSRP Re-Bid Base Bid A project will repair selected residential streets citywide by extending the life and structural integrity of existing pavement through rehabilitation or replacing failed pavement through reconstruction of a pavement section to current City standards with limited sidewalk repairs, ADA ramps, striping, and pavement markings. RSRP (2020-2021) is a city-wide program that is divided into six parts, residential street reconstruction and the residential street rehabilitation projects. The residential street reconstruction is further divided into three parts (Base Bid A, Base Bid B, Base Bid C) and residential street rehabilitation is further divided into three parts (Base Bid C, Base Bid D, and Base Bid E). The previous five parts have been approved with this being the last part being recommended for approval. Attached is the funding information that shows the funding information for each project. This contract will construct 15 streets, with streets located in Council districts 1, 3, and 4 as outlined in the attachment. The RSRP Construction contracts are developed as Indefinite Delivery Indefinite Quantity contracts with defined construction durations but somewhat indefinite quantities. The unit prices of the items are fixed, and actual quantities of work are approximate at the time of bid. Actual quantities are determined with the issuance of Delivery Orders (DO's). The quantities of work required are accurately defined with each deliver order issued. Pricing on the DO is based on the contractor's bid price for each item of work and actual quantities of work performed. This format allows the construction to proceed in parallel with the design process rather than having to fully flesh out the designs before work can be bid. PROJECT TIMELINE: 1 1 J I F M A M J J A S � O � N � DJJJF � M � A � M J J A S Bid /Award Construction The project schedule reflects City Council award in April 2021 with anticipated completion in September 2022. COMPETITIVE SOLICITATION PROCESS RSRP Re-Bid Base Bid A was previously advertised for Bids in April 2020 (no bids received) and June 2020. When this part bid in June 2020, JE submitted the low bid but it was not awarded due to concerns over JE's capacity to execute the volume of City work they had under contract. Since there was a significant difference between the second lowest bidder and the engineer's estimate, the project was not awarded. The project was readvertised for bids in December 2020. On January 27, 2021,the City received bids from three bidders. A summary of the bids is provided below showing JE Construction as the low bidder. As a result of the previous concerns with JE's contract capacity, staff met with JE on March 9, 2021 to determine if JE had the capacity to meet the project deadlines. During the meeting, JE demonstrated that they substantially completed the Sunnybrook Sidewalk Project and has made acceptable progress on the Residential Street Rebuild Program Base Bid C as well as the Bond 2018 Airline Road project from SPID to McArdle. Based on the discussions and improvements in JE's execution since June of 2020, staff is now in a position to recommend acceptance of JE's low bid for the RSRP Re-Bid Base Bid A contract. BID SUMMARY— BASE BID A (Reconstruction) CONTRACTOR BASE BID A. Ortiz Construction & Paving $7,279,202.71 JE Construction Services $6,144,164.90 Mako Contracting $7,237,055.00 Engineer's Opinion of Probable Cost $6,554,062.10 ALTERNATIVES: An alternative is to award the contract to the number 2 bidder and declare JE Construction non- responsive a second time. This would result in cost escalation of approximately $1.1 million. Another alternative is to advertise for bids a fourth time. This would further delay the execution of the residential street reconstruction proposed for execution under this contract. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $6,144,164.90 with funding available from the Residential Street Reconstruction, Storm Water, Wastewater, Water and Gas Capital Funds. FUNDING DETAIL: RSRP has a total approved funding of$30.86 million per the Capital Improvement Program (CIP) for the FY2020 and FY 2021. Below is the breakdown: • $10.55 million was approved with Bond 2018, • $14.87 million was budgeted for FY2020 and FY2021 from Residential Street Property Tax • $5.44 million was budgeted from utilities, storm water and gas funds Attached is the detailed funding information for the project. The design funds for the project were budgeted with the construction expenditures. The CIP page will be revised to show the design expenditures. Fund: ResStreetRecnst (Fund 1042) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Residential Street Rebuild Program (Project# 18164A) Account: Construction (Account #550910) Activity: 18164-A-1042-EXP Amount: $4,606,521.30 Fund: Storm Water 2021 Cl (Fund 4533) Mission Elem: Storm Water Drainage (ME 043) Project No.: Residential Street Rebuild Program (Project# 18164A) Account: Construction (Account #550910) Activity: 18164-A-4533-EXP Amount: $1,364,235.40 Fund: Water (Fund 4099) Mission Elem: Water Distribution System (ME 041) Project No.: Residential Street Rebuild Program (Project# 18164A) Account: Construction (Account #550910) Activity: 18164-A-4099-EXP Amount: $111,337.40 Fund: Wastewater 2021 CIP (Fund 4258) Mission Elem: Wastewater Collection System (ME 042) Project No.: Residential Street Rebuild Program (Project# 18164A) Account: Construction (Account #550910) Activity: 18164-A-4258-EXP Amount: $30,787.40 Fund: Gas Cap Resv (Fund 4560) Mission Elem: Gas System (ME 022) Project No.: Residential Street Rebuild Program (Project# 18164A) Account: Construction (Account #550910) Activity: 18164-A-4560-EXP Amount: $31,283.40 RECOMMENDATION: City staff recommends awarding to JE Construction Services for Re-bid Base Bid A in the amount of$6,144,164.90 for RSRP. LIST OF SUPPORTING DOCUMENTS: Bid Tabs Funding Information Maps Project List Funding Information Base Bid B Base Bid C Base Bid D Base Bid E Re-Bid Base Bid C Re-Bid Base Bid A (Rehabilitation Only) Total for 2020-2021 Bid Awarded Bid to be Presented Bid Awarded 6/9/2020 12/01/2020 for CC Action 4/20/2020 ST2019 BD18 P1 $ 3,610,845.90 $ 2,475,730.40 $ 2,436,753.70 $ 8,523,330.00 ResStreetRecnst $ 2,778,271.99 $ 4,308,038.51 $ 4,606,521.30 $ 11,692,831.80 StrmWtr2020 $ 898,564.73 $ 293,625.50 $ 586,154.75 $ 458,593.25 $ 1,064,567.18 $ 1,364,235.40 $ 4,665,740.81 Water 2020 $ 28,001.40 $ 7,500.00 $ 66,328.00 $ 66,328.00 $ 74,974.44 $ 111,337.40 $ 354,469.24 WW 2020 $ 2,100.00 $ 2,100.00 $ 2,100.00 $ 2,100.00 $ 31,084.44 $ 30,787.40 $ 70,271.84 Gas Cap Res $ 780.00 $ 100.00 $ 1,170.00 $ 1,170.00 $ 34,637.44 $ 31,283.40 $ 69,140.84 Total $ 4,540,292.03 $ 3,081,597.49 $ 3,131,483.15 $ 2,964,944.95 $ 5,513,302.01 $6,144,164.90 $ 25,375,784.53 CIP Budget for 2020 CIP Budget for 2020 CIP Budget for 2021 Total CIP Budget Total CIP Budget (Per CIP FY2021 (Per CIP FY2021 (Per CIP FY2021 Page Page 561) Page 561) 561) 2020-2021 Shortfall 2021 ST2019 BD18 P1 $ 9,290,429.00 $ 1,259,571.00 $ 10,550,000.00 $ 2,026,670.00 Remaining funds were budgeted for Project design and re-imbursements ResStreetRecnst $ 3,028,307.00 $ 11,843,326.00 $ 14,871,633.00 $ 3,178,801.20 Remaining funds were budgeted for Project design and re-imbursements StrmWtr2020 $ 2,438,266.00 $ 2,593,476.00 $ 5,031,742.00 $ 366,001.19 Water 2020 $ 183,290.00 $ 194,958.00 $ 378,248.00 $ 23,778.76 Additional funding shortfall will be transferred from 18049A Wooldridge Road WW 2020 $ 9,157.00 $ 9,740.00 $ 18,897.00 $ (51,374.84)Project(Project is in design,construction anticipated to begin in FY2022) Additional funding shortfall will be transferred from 18044A Strasboug Drive Gas Cap Res $ 3,510.00 $ 3,733.00 $ 7,243.00 $ (61,897.84)Project(Project is in construction,does not require Gas funds) Total $ 14,952,959.00 $ 15,904,804.00 $ 30,857,763.00 RESIDENTIAL STREET REBUILD PROGRAM SCALE: N.T.S. D 0 D DISTRICT 1 o NUECES BAY 0"r 0 is IN 77 �N--sn DISTRICT 2 6 XWOWN CORPUS CHR6R BAY DISTRICT 3 DISTRICT 4 m USO BAY M m FLOUR DISTRICT5LAGUNA MADRE LF OF DOW OCO Project Number: 18164A CITY COUNCIL EXHIBIT RESIDENTIAL STREET REBUILD PROGRAM CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES e N SCALE: N.T.S. EOTYWIDE PROJECT r VICINITY MAP NOT TO SCALE Project Number: 18164 CITY COUNCIL EXHIBIT RESIDENTIAL STREET REBUILD PROGRAM CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES BASE BID A- STREET LIST BASE BID CONTRACTOR STREET FROM TO DISTRICT LENGTH (MILES) A JE SERVICES MOUNTAIN VIEW LEOPARD CHAMIZAL 1 0.38 A JE SERVICES NIDA LEOPARD HEIZER 1 0.06 A JE SERVICES HEIZER VEDA DEAD END 1 0.30 A JE SERVICES GOLDEN GATE CIRCLE OLD BROWNSVILLE DEAD END 3 0.17 A JE SERVICES S COUNTRY CLUB UP RIVER ROAD INTERSTATE 37 1 0.12 A JE SERVICES SULLIVAN EKLUND DEAD END 3 0.05 A JE SERVICES GREEN LANE GREENTREE DEAD END 3 0.04 A JE SERVICES GREEN LEAF GREENTREE DEAD END 3 0.06 A JE SERVICES LANGTON DARCEY DRYER 3 0.05 A JE SERVICES DRYER RIVERTON LANGTON 3 0.06 A JE SERVICES RIVERTON DRYER ARCHDALE 3 0.10 A JE SERVICES LANSDOWN HARRY GOLLIHAR 4 0.25 A JE SERVICES ANGELO SANTA FE BEVERLY 4 0.22 A JE SERVICES ROSSITER OCEAN SAN ANTONIO 4 0.19 A JE SERVICES BEVERLY ANGELO SANTA FE 4 0.22 1 of 1 3/25/2021 TABULATION OF BIDS CITY OF CORPUS CHRISTI,TEXAS-CONTRACTS AND PROCUREMENT DEPT. BID DATE:Wed.,January 27,2021 RESIEDENTIAL STREET REBUILD PROGRAM JE CONSTRUCTION SERVICES A ORTIZ CONSTR&PAVING MAKO CONTRACTING REBID"A"-PROJECT NO 18164A 7505 UpRiver Rd 102 Airport Rd 3636 S Alameda,#B153 RFB#3413 CC,TX 78409 CC,TX 78405 CC,TX 78411 ITEM DESCRIPTION JUNITI QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PARTA-GENERAL A-A1 MOBILIZATION(MAX.5%PART A) LS 1 $ 10,000.00 $ 10,000.00 $ 6,839.69 $ 6,839.69 $ 10,000.00 $ 10,000.00 A-A2 BONDSAND INSURANCE AL 1 $ 120,000.00 $ 120,000.00 $ 177,541.53 $ 177,541.53 $ 122,500.00 $ 122,500.00 A-A3 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)(PER STREET SEGMENT EXCLUDING SILT FENCEAND INLET PROTECTION) EA 13 $ 1,250.00 $ 16,250.00 $ 3,000.00 $ 39,000.00 $ 1,500.00 $ 19,500.00 A-A4 SILT FENCE(FOR SWPPP) LF 500 $ 4.50 $ 2,250.00 $ 10.00 $ 5,000.00 $ 4.25 $ 2,125.00 A-A5 INLET PROTECTION(FOR SWPPP) EA 43 $ 125.00 $ 5,375.00 $ 150.00 $ 6,450.00 $ 125.00 $ 5,375.00 A-A6 OZO N E ACTI 0 N DAYS DAY 13 $ 125.00 $ 1,625.00 $ 1.00 $ 13.00 $ 1.00 $ 13.00 A-A7 TRAFFIC CONTROL(PLAN PREPARATION) EA 13 $ 2,200.00 $ 28,600.00 $ 4,000.00 $ 52,000.00 $ 3,000.00 $ 39,000.00 A-A8 TRAFFIC CONTROL(MOBILIZATION, IMPLEMENTATION,AND ADJUSTMENTS) MO 35 $ 1,500.00 $ 52,500.00 $ 1,000.00 $ 35,000.00 $ 2,000.00 $ 70,000.00 A-A9 DOOR HANGERS,PRINTED AND DELIVERED(2 PER RESIDENCE) EA 604 $ 3.00 $ 1,812.00 $ 7.50 $ 4,530.00 $ 5.00 $ 3,020.00 A-A10 ALLOWANCES FOR UNANTICIPATED GENERAL ACTIVITIES AL 1 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PARTA-GENERAL $ 248,412.00 $ 336,374.22 $ 281,533.00 PART B-STREET IMPROVEMENTS A-131 MOBILIZATION(MAX.5%PART B) LS 1 $ 117,000.00 $ 117,000.00 $ 194,264.51 $ 194,264.51 $ 150,000.00 $ 150,000.00 A-132 REMOVALAND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENTASPHALT(0-2 INCH) SY 36413 $ 3.00 $ 109,239.00 $ 4.00 $ 145,652.00 $ 3.50 $ 127,445.50 A-133 REHABILITATION-REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT OR BASE SY-IN 0 $ 17.00 $ - $ 4.00 $ - $ - $ - A-B4 REHABILITATION-SURFACE PREPARATION SY 0 $ 10.00 $ - $ 8.00 $ - $ - $ - A-135 1.5INCH HMAC(TYPED) SY 0 $ 16.50 $ - $ 19.00 $ - $ - $ - A-B6 2INCH HMAC(TYPE D) SY 36413 $ 17.00 $ 619,021.00 $ 20.00 $ 728,260.00 $ 20.00 $ 728,260.00 A-137 13INCH HMAC(TYPE D) SY 2667 $ 25.00 $ 66,675.00 $ 22.00 $ 58,674.00 $ 27.00 $ 72,009.00 A-138 PRIME COAT,MC-30(0.20 GAL/SY) GAL 7283 $ 6.00 $ 43,698.00 $ 5.00 $ 36,415.00 $ 5.00 $ 36,415.00 Page 1 of 6 RESIEDENTIAL STREET REBUILD PROGRAM JE CONSTRUCTION SERVICES A ORTIZ CONSTR&PAVING MAKO CONTRACTING REBID"A"-PROJECT NO 18164A 7505 UpRiver Rd 102 Airport Rd 3636 S Alameda,#B153 RFB#3413 CC,TX 78409 CC,TX 78405 CC,TX 78411 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT A-139 2) SY-IN 243608 $ 3.10 $ 755,184.80 $ 4.00 $ 974,432.00 $ 4.00 $ 974,432.00 A-310 TENSAR GEOGRID(TX5) SY 6697 $ 5.50 $ 36,833.50 $ 6.00 $ 40,182.00 $ 4.50 $ 30,136.50 A-1311 8 INCH LIME STABILIZED SUBGRADE SY 37846 $ 10.30 $ 389,813.80 $ 18.00 $ 681,228.00 $ 17.00 $ 643,382.00 A-B12 12 INCH MOISTURE CONDITIONED COMPACTED SUBGRADE SY 36413 $ 3.80 $ 138,369.40 $ 5.00 $ 182,065.00 $ 5.00 $ 182,065.00 A-B13 REHABILITATION-8 INCH LIME TREATED BASE AND SUBGRADE SY 0 $ 11.00 $ - $ 15.00 $ - $ - $ - A-B14 REHABILITATION-CEMENTTREATED BASE AND SUBGRADE(MIN 4") SY-IN 0 $ 3.00 $ - $ 18.00 $ - $ - $ - A-1315 RECONSTRUCTION-STREET EXCAVATION(0- 121NCH) SY 36413 $ 8.00 $ 291,304.00 $ 10.00 $ 364,130.00 $ 12.00 $ 436,956.00 A-B16 RECONSTRUCTION-STREET EXCAVATION(12- 241NCH) SY 6509 $ 10.00 $ 65,090.00 $ 8.00 $ 52,072.00 $ 24.00 $ 156,216.00 A-B17 REHABILITATION-FULL DEPTH REPAIR SY 267 $ 44.00 $ 11,748.00 $ 30.00 $ 8,010.00 $ 100.00 $ 26,700.00 A-B18 IPAVEMENT REPAIR SF 1 596 $ 28.00 $ 16,688.00 $ 6.00 $ 3,576.00 $ 25.00 $ 14,900.00 A-1319 RAISED PAVEMENT MARKERS(TYPE II-B-B) (FIRE HYDRANT MARKING) EA 12 $ 19.00 $ 228.00 $ 10.00 $ 120.00 $ 24.00 $ 288.00 A-B20 CONCRETE DRIVEWAY DEMOLITION SF 37628 $ 5.00 $ 188,140.00 $ 6.00 $ 225,768.00 $ 3.50 $ 131,698.00 A-B21 6-INCH CONCRETE DRIVEWAY SF 39925 $ 10.00 $ 399,250.00 $ 9.00 $ 359,325.00 $ 9.00 $ 359,325.00 A-B22 ADJUSTMENT OF EXISTING MANHOLE RING\COVER IN ROADWAY(SEWER,STORM) EA 18 $ 1,100.00 $ 19,800.00 $ 1,500.00 $ 27,000.00 $ 2,800.00 $ 50,400.00 A-B23 ADJUSTMENT OF EXISTING VALVE BOX (WATER,GAS) EA 2 $ 800.00 $ 1,600.00 $ 750.00 $ 1,500.00 $ 1,200.00 $ 2,400.00 A-B24 SPEED TABLE/SPEED HUMP EA 3 $ 6,200.00 $ 18,600.00 $ 4,250.00 $ 12,750.00 $ 5,000.00 $ 15,000.00 A-B25 REMOVE EXISTING CHAIN LINK FENCE AND REPLACE WITH NEW LF 180 $ 19.00 $ 3,420.00 $ 20.00 $ 3,600.00 $ 80.00 $ 14,400.00 A-B26 REMOVE EXISTING WOODEN FENCE AND REPLACE WITH NEW LF 100 $ 19.00 $ 1,900.00 $ 20.00 $ 2,000.00 $ 40.00 $ 4,000.00 A-B27 NEW REGULATORY SIGNAGE EA 82 $ 160.00 $ 13,120.00 $ 200.00 $ 16,400.00 $ 150.00 $ 12,300.00 A-B28 NEW STREET BLADE NAME SIGNS EA 86 $ 190.00 $ 16,340.00 $ 250.00 $ 21,500.00 $ 180.00 $ 15,480.00 A-1329 RELOCATION OF EXISTING SIGNAGEEA 10 $ 320.00 $ 3,200.00 $ 300.00 $ 3,000.00 $ 300.00 $ 3,000.00 A-1330 REMOVAL OF EXISTING SIGNAGE EA 75 $ 70.00 $ 5,250.00 $ 100.00 $ 7,500.00 $ 75.00 $ 5,625.00 Page 2 of 6 RESIEDENTIAL STREET REBUILD PROGRAM JE CONSTRUCTION SERVICES A ORTIZ CONSTR&PAVING MAKO CONTRACTING REBID"A"-PROJECT NO 18164A 7505 UpRiver Rd 102 Airport Rd 3636 S Alameda,#B153 RFB#3413 CC,TX 78409 CC,TX 78405 CC,TX 78411 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT A-1331 SIGN SUPPORTASSEMBLY(WEDGE ANCHOR STEEL SYSTEM) EA 64 $ 220.00 $ 14,080.00 $ 250.00 $ 16,000.00 $ 210.00 $ 13,440.00 A-B32 SIGN SUPPORT ASSEMBLY(TRIANGULAR SUPBASE SYSTEM) EA 10 $ 380.00 $ 3,800.00 $ 400.00 $ 4,000.00 $ 360.00 $ 3,600.00 A-B33 REMOVE AND REPLACE EXISTING MAILBOX EA 41 $ 250.00 $ 10,250.00 $ 250.00 $ 10,250.00 $ 270.00 $ 11,070.00 A-B34 SODDING,CLEARING AND GRADING SY 6283 $ 11.00 $ 69,113.00 $ 15.00 $ 94,245.00 $ 15.00 $ 94,245.00 A-B35 IWATER SERVICE LINE ADJUSTMENTS LF 699 $ 39.00 $ 27,261.00 $ 40.00 $ 27,960.00 $ 55.00 $ 38,445.00 A-B36 TYPE'C'PREFABRICATED STOP BAR STRIPING (24-INCH) LF 98 $ 23.00 $ 2,254.00 $ 20.00 $ 1,960.00 $ 18.00 $ 1,764.00 A-B37 TYPE 1 REFLECTIVE PAVEMENT MARKING (YELLOW)(SOLID)(4-INCH) LF 100 $ 3.00 $ 300.00 $ 2.00 $ 200.00 $ 1.80 $ 180.00 A-1338 RAISED PAVEMENT MARKERS(TYPE II-A-A) EA 10 $ 19.00 $ 190.00 $ 15.00 $ 150.00 $ 30.00 $ 300.00 A-B39 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 A-B4p ISINGLE COURSE SURFACE TREATMENT SY 36413 $ 4.80 $ 174,782.40 $ 5.00 $ 182,065.00 $ 5.00 $ 182,065.00 SUBTOTAL PART B-STREET IMPROVEMENTS $ 3,658,542.90 $ 4,511,253.51 $ 4,562,942.00 PARTC-ADA IMPROVEMENTS A-C1 MOBILIZATION(MAX.5%PART C) LS 1 $ 30,000.00 $ 30,000.00 $ 39,647.48 $ 39,647.48 $ 40,000.00 $ 40,000.00 A-C2 4-INCH CONCRETE SIDEWALK SF 56190 $ 8.30 $ 466,377.00 $ 8.00 $ 449,520.00 $ 7.85 $ 441,091.50 A-C3 SIDEWALK DEMOLITION SF 51545 $ 3.00 $ 154,635.00 $ 5.00 $ 257,725.00 $ 3.00 $ 154,635.00 A-C4 CONCRETE CURB RAMP SF 5825 $ 25.00 $ 145,625.00 $ 23.00 $ 133,975.00 $ 25.00 $ 145,625.00 A-05 CURB RAMP DEMOLITION SF 5675 $ 5.00 $ 28,375.00 $ 5.00 $ 28,375.00 $ 5.00 $ 28,375.00 A-C6 TYPE'C'PREFABRICATED CROSSWALK STRIPING(12-INCH) LF 0 $ 15.00 $ - $ 25.00 $ - $ - $ - A-C7 TYPE C PREFABRICATED CROSSWALK STRIPING(24-INCH) LF 573 $ 23.00 $ 13,179.00 $ 20.00 $ 11,460.00 $ 20.00 $ 11,460.00 SUBTOTAL PART C-ADA IMPROVEMENTS $ 838,191.00 $ 920,702.48 $ 821,186.50 PART D-DRAINAGE IMPROVEMENTS A-DI MOBILIZATION(MAX.5%PART D) LS 1 $ 40,000.00 $ 40,000.00 $ 60,940.85 $ 60,940.85 $ 50,000.00 $ 50,000.00 A-D2 DEMOLITION OF EXISTING INLET(0-5 FEET DEEP) EA 2 $ 1,800.00 $ 3,600.00 $ 1,500.00 $ 3,000.00 $ 1,750.00 $ 3,500.00 A-D3 EXISTING CURB INLET TOP ADJUSTMENT (REMOVEAND REPLACE,5'THROATTYP.) EA 35 $ 2,500.00 $ 87,500.00 $ 1,500.00 $ 52,500.00 $ 2,000.00 $ 70,000.00 Page 3 of 6 RESIEDENTIAL STREET REBUILD PROGRAM JE CONSTRUCTION SERVICES A ORTIZ CONSTR&PAVING MAKO CONTRACTING REBID"A"-PROJECT NO 18164A 7505 UpRiver Rd 102 Airport Rd 3636 S Alameda,#B153 RFB#3413 CC,TX 78409 CC,TX 78405 CC,TX 78411 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT A-D4 NEW CURB INLET(5-THROAT OPENING)(I.D. 3.5'X 5')0-5 FEET DEEP EA 9 $ 4,000.00 $ 36,000.00 $ 4,500.00 $ 40,500.00 $ 5,936.00 $ 53,424.00 A-D5 NEW CURB INLET(5-THROAT OPENING)(I.D. 4.5'X 5') 5-10 FEET DEEP EA 4 $ 8,000.00 $ 32,000.00 $ 8,000.00 $ 32,000.00 $ 8,800.00 $ 35,200.00 A-D6 NEW CURB INLET EXTENSION(5-THROAT OPENING)(I.D.2'X 5') EA 2 $ 2,500.00 $ 5,000.00 $ 2,000.00 $ 4,000.00 $ 3,000.00 $ 6,000.00 A-D7 INEW 4-INCH CURB AND GUTTER LF 500 $ 25.00 $ 12,500.00 $ 24.00 $ 12,000.00 $ 28.00 $ 14,000.00 A-D8 NEW 6-INCH CURB AND GUTTER LF 24389 $ 26.00 $ 634,114.00 $ 27.00 $ 658,503.00 $ 28.00 $ 682,892.00 A-D9 TYPE'B'STORM MANHOLE(I.D.4'X4')0-5 FEET DEEP EA 1 $ 10,000.00 $ 10,000.00 $ 6,200.00 $ 6,200.00 $ 9,350.00 $ 9,350.00 A-D10 TYPE'C'STORM MANHOLE(I.D.4'X4') 5-7 FEET DEEP EA 1 $ 10,000.00 $ 10,000.00 $ 7,500.00 $ 7,500.00 $ 11,000.00 $ 11,000.00 A-D11 CURB&GUTTER DEMOLITION(4-INCH,6-INCH AND DRIVEWAY) LF 24389 $ 5.00 $ 121,945.00 $ 6.00 $ 146,334.00 $ 7.50 $ 182,917.50 A-D12 IVALLEY GUTTER SF 2190 $ 17.00 $ 37,230.00 $ 15.00 $ 32,850.00 $ 15.00 $ 32,850.00 A-D13 VALLEY GUTTER DEMOLITION SF 2190 $ 6.00 $ 13,140.00 $ 5.00 $ 10,950.00 $ 5.00 $ 10,950.00 A-D14 18-INCH ARCH REINFORCED CONCRETE PIPE (CLASS IV) LF 581 $ 224.00 $ 130,144.00 $ 300.00 $ 174,300.00 $ 250.00 $ 145,250.00 A-D15 18-INCH REINFORCED CONCRETE PIPE(CLASS III) LF 458 $ 150.00 $ 68,700.00 $ 150.00 $ 68,700.00 $ 175.00 $ 80,150.00 A-D16 24-INCH ARCH REINFORCED CONCRETE PIPE (CLASS III) LF 30 $ 335.00 $ 10,050.00 $ 350.00 $ 10,500.00 $ 308.00 $ 9,240.00 A-D17 ICONCRETE COLLAR(18-24 INCH PIPE) EA 3 $ 1,100.00 $ 3,300.00 $ 1,500.00 $ 4,500.00 $ 1,200.00 $ 3,600.00 A-D18 CONCRETE COLLAR(36 INCH PIPE) EA 8 $ 1,100.00 $ 8,800.00 $ 2,000.00 $ 16,000.00 $ 1,700.00 $ 13,600.00 A-D19 REMOVAL OF REINFORCED CONCRETE PIPE(12 -151NCH) LF 30 $ 65.00 $ 1,950.00 $ 100.00 $ 3,000.00 $ 25.00 $ 750.00 A-D20 REMOVAL OF REINFORCED CONCRETE PIPE(18 -241NCH) LF 30 $ 65.00 $ 1,950.00 $ 100.00 $ 3,000.00 $ 30.00 $ 900.00 A-D21 REMOVAL OF REINFORCED CONCRETE PIPE(36 INCH) LF 241$ 95.00 $ 2,280.00 $ 100.00 $ 2,400.00 $ 60.00 $ 1,440.00 A-D22 TRENC H SAFETY FOR STORMWATER LINES(0- 5 FEET DEEP) ILF 1 503 $ 6.00 $ 3,018.00 $ 28.00 $ 14,084.00 $ 10.00 $ 5,030.00 A-D23 TRENC H SAFETY FOR STORMWATER LINES(5- 10 FEET DEEP) LF 1 514 $ 18.00 $ 9,252.00 $ 30.00 $ 15,420.00 $ 10.00 $ 5,140.00 Page 4 of 6 RESIEDENTIAL STREET REBUILD PROGRAM JE CONSTRUCTION SERVICES A ORTIZ CONSTR&PAVING MAKO CONTRACTING REBID"A"-PROJECT NO 18164A 7505 UpRiver Rd 102 Airport Rd 3636 S Alameda,#B153 RFB#3413 CC,TX 78409 CC,TX 78405 CC,TX 78411 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT A-D24 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE'B'MANHOLE(0-5 FEET DEEP) EA 12 $ 1,200.00 $ 14,400.00 $ 1,500.00 $ 18,000.00 $ 1,750.00 $ 21,000.00 A-D25 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE'C'MANHOLE(5-10 FEET DEEP) EA 4 $ 1,200.00 $ 4,800.00 $ 2,000.00 $ 8,000.00 $ 2,500.00 $ 10,000.00 A-D26 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART D-DRAINAGE IMPROVEMENTS $ 1,311,673.00 $ 1,415,181.85 $ 1,468,183.50 PART E-WATER IMPROVEMENTS A-E1 MOBILIZATION(MAX.5%PART E) LS 1 $ 400.00 $ 400.00 $ 3,836.25 $ 3,836.25 $ 3,000.00 $ 3,000.00 A-E2 6-INCH OR 8-INCH A.C.P.WATERLINE TO BE REMOVED AND DISPOSED LF 30 $ 115.00 $ 3,450.00 $ 200.00 $ 6,000.00 $ 110.00 $ 3,300.00 A-E3 6-INCH ORB-INCH A.C.P.TO D.I.COUPLINGS EA 4 $ 650.00 $ 2,600.00 $ 750.00 $ 3,000.00 $ 1,800.00 $ 7,200.00 A-E4 6-INCH WATERLINE ADJUSTMENT EA 2 $ 5,600.00 $ 11,200.00 $ 6,000.00 $ 12,000.00 $ 7,000.00 $ 14,000.00 A-E5 8-INCH WATERLINE ADJUSTMENT EA 2 $ 5,700.00 $ 11,400.00 $ 6,750.00 $ 13,500.00 $ 7,500.00 $ 15,000.00 A-E6 FIRE HYDRANT ASSEMBLY TYPE I(INCLUDES MAIN LINE FITTING) EA 4 $ 9,700.00 $ 38,800.00 $ 9,000.00 $ 36,000.00 $ 9,500.00 $ 38,000.00 A-E7 FIRE HYDRANT ASSEMBLY TYPE 2(INCLUDES MAIN LINE FITTING) EA 1 $ 9,800.00 $ 9,800.00 $ 9,750.00 $ 9,750.00 $ 11,000.00 $ 11,000.00 A-E8 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 SUBTOTAL PART E-WATER IMPROVEMENTS $ 82,650.00 $ 89,086.25 $ 96,500.00 PART F-WASTEWATER IMPROVEMENTS A-F1 MOBILIZATION(MAX.5%PART F) LS 1 $ 100.00 $ 100.00 $ 90.00 $ 90.00 $ 50.00 $ 50.00 A-F2 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS AL 1 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 SUBTOTAL PART F-WASTEWTR IMPROVEMENTS $ 2,100.00 $ 2,090.00 $ 2,050.00 PART G-GAS SYSTEMS IMPROVEMENTS A-G1 MOBILIZATION(MAX.5%PART G) LS 1 $ 100.00 $ 100.00 $ 194.40 $ 194.40 $ 100.00 $ 100.00 A-G2 EXCAVATION,BACKFILL AND COMPACTION OF TRENCH FOR GAS LINE(ADJUSTMENT TO BE COMPLETED BY THE CITY GAS DEPARTMENT) LF 48 $ 52.00 $ 2,496.00 $ 90.00 $ 4,320.00 $ 95.00 $ 4,560.00 Page 5 of 6 RESIEDENTIAL STREET REBUILD PROGRAM JE CONSTRUCTION SERVICES A ORTIZ CONSTR&PAVING MAKO CONTRACTING REBID"A"-PROJECT NO 18164A 7505 UpRiver Rd 102 Airport Rd 3636 S Alameda,#B153 RFB#3413 CC,TX 78409 CC,TX 78405 CC,TX 78411 ITEM DESCRIPTION JUNITI QTY UNIT PR AMOUNT UNIT PR I AMOUNT UNIT PR AMOUNT SUBTOTAL PART G-GAS SYSTEM IMPROVEMENTS1 1 $ 2,596.00 1$ 4,514.40 $ 4,660.00 TOTAL BASE BID-(PARTS A THRU G) $ 6,144,164.90 $ 7,27L202.71_L_ 7,237,055.00 Page 6 of 6 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT r RESIDENTIAL STREET REBUILD PROGRAM PART A RE-BID P ROJ. NO. 18164A CONTRACT NO. 3413 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No.2-0212 RSRP Rebid Part A DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B SC Go 0� H U yea na o n n+e� 1$52 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and JE Construction 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: Residential Street Rebuild Program Year 2019 ReBid Part A Prosect No. 18164A (Contract 3413) ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Christi, TX 78411 GOrtiz@hanson-inc.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd,Holly Rd, Bldg. #5#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 490 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 520 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 005223- 1 18164A Residential Street Rebuild Program ReBid Part A Rev 7/2020 DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B C. Milestones, and the dates for completion of each,are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,125 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$375 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 0135 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 Price Base Bid Part A $ 6,144,164.90 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223- 2 18164A Residential Street Rebuild Program ReBid Part A Rev 7/2020 DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B 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 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 18164A Residential Street Rebuild Program ReBid Part A Rev 7/2020 DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 18164A Residential Street Rebuild Program ReBid Part A Rev 7/2020 DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. b. List as necessary. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response,which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award,which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 18164A Residential Street Rebuild Program ReBid Part A Rev 7/2020 DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR JE Cons ur-+eAiZneq- ices, LLC V t ,jt, 2/26/2021 (Seal Below) By: P,43E7�B VP Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 7505 Up River Road Financial Officer Address Corpus Christi, TX 78409 City State Zip 361/289-2901 361/289-2904 Phone Fax grant@lecs.cc EMail END OF SECTION Agreement 005223-6 18164A Residential Street Rebuild Program ReBid Part A Rev 7/2020 DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B 00 30 01 BID FORM Project Re-Bid Contract A Name: Residential Street Rebuild Program Year 2019 Project Number: 18164A Owner: City of Corpus Christi OAR: Designer:I Hanson Professional Services Inc. By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid Is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: -3E (zrJS.1VJC.710N Sbrw1Ge"S (full legal name of Bidder) Signature: (signature of person with authority to bind the Bidder) Name: (printed name of person signing Bid Form) Title: VP (title of person signing Bid Form) Attest: (signature) State of Residency: ! 1c Federal Tx ID No. 32 —03880'59 Address for Notices: "�50 5 up ruva-%_ r'Lo. Con rwu&s C N•i.a s ri Tit it 40 It Phone: (34 b Ul- 7-401 Email: Qd~GYti ��+v G S .C C OF j fir.� � ••,�t t� � .... ...:�1 Z GABRIEL J.ORTIZ i ...y ril-o . 114464 I�ENS tNG`��� 4#ralo20 AlAnsa.t Frac slal�l Set��cks -re 1G'rh Y 17 Bid Form 00 30 01-Page 1 of S Rev 8/2019 DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B )19 RE-BID PART A Report Created On: 1/27/21 8:43:47 PM BID TOTALS BASE BID Total Part A-GENERAL $248,412.00 Part B-STREET IMPROVEMENTS $3,658,542.90 PART C-ADA IMPROVEMENTS $838,191.00 Part D- DRAINAGE IMPROVEMENTS $1,311,673.00 Part E-WATER IMPROVEMENTS $82,650.00 Part F-WASTEWATER IMPROVEMENTS $2,100.00 Part G-GAS SYSTEM IMPROVEMENTS $2,596.00 Total $6,144,164.90 Part A-GENERAL No. Description Unit Qty Unit Price Ext Price A-Al MOBILIZATION(MAX. 5% PART A) LS 1 $10,000.00 $10,000.00 A-A2 BONDS AND INSURANCE AL 1 $120,000.00 $120,000.00 A-A3 STORMWATER POLLUTION PREVENTION EA 13 $1,250.00 $16,250.00 PLAN(SWPPP)(PER STREET SEGMENT EXCLUDING SILT FENCE AND INLET PROTECTION) A-A4 SILT FENCE(FOR SWPPP) LF 500 $4.50 $2,250.00 A-A5 INLET PROTECTION(FOR SWPPP) EA 43 $125.00 $5,375.00 A-A6 OZONE ACTION DAYS DAY 13 $125.00 $1,625.00 A-A7 TRAFFIC CONTROL(PLAN PREPARATION) EA 13 $2,200.00 $28,600.00 A-A8 TRAFFIC CONTROL(MOBILIZATION, MO 35 $1,500.00 $52,500.00 IMPLEMENTATION,AND ADJUSTMENTS) A-A9 DOOR HANGERS, PRINTED AND EA 604 $3.00 $1,812.00 DELIVERED(2 PER RESIDENCE) A-A10 ALLOWANCES FOR UNANTICIPATED AL 1 $10,000.00 $10,000.00 GENERAL ACTIVITIES Subtotal:$248,412.00 Part B-STREET IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B )19 RE-BID PART A Report Created On: 1/27/21 8:43:47 PM A- B1 MOBILIZATION(MAX. 5% PART B) LS 1 $117,000.00 $117,000.00 A- B2 REMOVAL AND DISPOSAL OF EXISTING SY 36413 $3.00 $109,239.00 TOP LAYER OF PAVEMENT ASPHALT(0-2 INCH) A- B3 REHABILITATION- REMOVAL AND SY-IN 0 $17.00 $0.00 DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT OR BASE A- B4 REHABILITATION-SURFACE SY 0 $10.00 $0.00 PREPARATION A- B5 1.5 INCH HMAC(TYPE D) SY 0 $16.50 $0.00 A- B6 2INCH HMAC(TYPE D) SY 36413 $17.00 $619,021.00 A- B7 3INCH HMAC(TYPE D) SY 2667 $25.00 $66,675.00 A- B8 PRIME COAT, MC-30(0.20 GAL/SY) GAL 7283 $6.00 $43,698.00 A- B9 CRUSHED LIMESTONE BASE(TYPE A, SY-IN 243608 $3.10 $755,184.80 GRADE 1-2) A- B10 TENSAR GEOGRID(TX5) SY 6697 $5.50 $36,833.50 A- B11 8 INCH LIME STABILIZED SUBGRADE SY 37846 $10.30 $389,813.80 A- B12 12 INCH MOISTURE CONDITIONED SY 36413 $3.80 $138,369.40 COMPACTED SUBGRADE A- B13 REHABILITATION-8 INCH LIMETREATED SY 0 $11.00 $0.00 BASE AND SUBGRADE A- B14 REHABILITATION-CEMENTTREATED SY-IN 0 $3.00 $0.00 BASE AND SUBGRADE(MIN 4") A- B15 RECONSTRUCTION -STREET SY 36413 $8.00 $291,304.00 EXCAVATION(0-12 INCH) A- B16 RECONSTRUCTION -STREET SY 6509 $10.00 $65,090.00 EXCAVATION(12-24 INCH) A- B17 REHABILITATION- FULL DEPTH REPAIR SY 267 $44.00 $11,748.00 A- B18 PAVEMENT REPAIR SF 596 $28.00 $16,688.00 A- B19 RAISED PAVEMENT MARKERS(TYPE II-B- EA 12 $19.00 $228.00 B)(FIRE HYDRANT MARKING) A- B20 CONCRETE DRIVEWAY DEMOLITION SF 37628 $5.00 $188,140.00 A- B21 6-INCH CONCRETE DRIVEWAY SF 39925 $10.00 $399,250.00 A- B22 ADJUSTMENT OF EXISTING MANHOLE EA 18 $1,100.00 $19,800.00 RING\COVER IN ROADWAY(SEWER, STORM) DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B )19 RE-BID PART A Report Created On: 1/27/21 8:43:47 PM A- B23 ADJUSTMENT OF EXISTING VALVE BOX EA 2 $800.00 $1,600.00 (WATER,GAS) A- B24 SPEED TABLE/SPEED HUMP EA 3 $6,200.00 $18,600.00 A- B25 REMOVE EXISTING CHAIN LINK FENCE LF 180 $19.00 $3,420.00 AND REPLACE WITH NEW A- B26 REMOVE EXISTING WOODEN FENCE LF 100 $19.00 $1,900.00 AND REPLACE WITH NEW A- B27 NEW REGULATORY SIGNAGE EA 82 $160.00 $13,120.00 A- B28 NEW STREET BLADE NAME SIGNS EA 86 $190.00 $16,340.00 A- B29 RELOCATION OF EXISTING SIGNAGE EA 10 $320.00 $3,200.00 A- B30 REMOVAL OF EXISTING SIGNAGE EA 75 $70.00 $5,250.00 A- B31 SIGN SUPPORT ASSEMBLY(WEDGE EA 64 $220.00 $14,080.00 ANCHOR STEEL SYSTEM) A- B32 SIGN SUPPORT ASSEMBLY(TRIANGULAR EA 10 $380.00 $3,800.00 SLIPBASE SYSTEM) A- B33 REMOVE AND REPLACE EXISTING EA 41 $250.00 $10,250.00 MAI LBOX A- B34 SODDING,CLEARING AND GRADING SY 6283 $11.00 $69,113.00 A- B35 WATER SERVICE LINE ADJUSTMENTS LF 699 $39.00 $27,261.00 A- B36 TYPE'C' PREFABRICATED STOP BAR LF 98 $23.00 $2,254.00 STRIPING(24-INCH) A- B37 TYPE 1 REFLECTIVE PAVEMENT LF 100 $3.00 $300.00 MARKING(YELLOW)(SOLID)(4-INCH) A- B38 RAISED PAVEMENT MARKERS(TYPE II-A- EA 10 $19.00 $190.00 A) A- B39 ALLOWANCE FOR UNANTICIPATED AL 1 $25,000.00 $25,000.00 STREET IMPROVEMENTS A- B40 SINGLE COURSE SURFACE TREATMENT SY 36413 $4.80 $174,782.40 Subtotal: $3,658,542.90 PART C-ADA IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price A-C1 MOBILIZATION(MAX. 5% PART C) LS 1 $30,000.00 $30,000.00 A-C2 4-INCH CONCRETE SIDEWALK SF 56190 $8.30 $466,377.00 A-C3 SIDEWALK DEMOLITION SF 51545 $3.00 $154,635.00 DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B )19 RE-BID PART A Report Created On: 1/27/21 8:43:47 PM A-C4 CONCRETE CURB RAMP SF 5825 $25.00 $145,625.00 A-C5 CURB RAMP DEMOLITION SF 5675 $5.00 $28,375.00 A-C6 TYPE'C' PREFABRICATED CROSSWALK LF 0 $15.00 $0.00 STRIPING(12-INCH) A-C7 TYPE'C' PREFABRICATED CROSSWALK LF 573 $23.00 $13,179.00 STRIPING(24-INCH) Subtotal:$838,191.00 Part D-DRAINAGE IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price A- D1 MOBILIZATION(MAX. 5% PART D) LS 1 $40,000.00 $40,000.00 A- D2 DEMOLITION OF EXISTING INLET(0-5 EA 2 $1,800.00 $3,600.00 FEET DEEP) A- D3 EXISTING CURB INLET TOP ADJUSTMENT EA 35 $2,500.00 $87,500.00 (REMOVE AND REPLACE,5'THROAT TYP.) A- D4 NEWCURBINLET(5'THROATOPENING) EA 9 $4,000.00 $36,000.00 (I.D.3.5'X 5') 0-5 FEET DEEP A- D5 NEWCURBINLET(5'THROATOPENING) EA 4 $8,000.00 $32,000.00 (I.D.4.5'X 5') 5- 10 FEET DEEP A- D6 NEW CURB INLET EXTENSION(5' EA 2 $2,500.00 $5,000.00 THROAT OPENING)(I.D. 2'X 5') A- D7 NEW 4-INCH CURB AND GUTTER LF 500 $25.00 $12,500.00 A- D8 NEW 6-INCH CURB AND GUTTER LF 24389 $26.00 $634,114.00 A- D9 TYPE'B'STORM MANHOLE(I.D.4'X4') 0 EA 1 $10,000.00 $10,000.00 -5 FEET DEEP A- D10 TYPE'C'STORM MANHOLE(I.D.4'X4') 5- EA 1 $10,000.00 $10,000.00 7 FEET DEEP A- D11 CURB&GUTTER DEMOLITION(4-INCH, LF 24389 $5.00 $121,945.00 6-INCH AND DRIVEWAY) A- D12 VALLEY GUTTER SF 2190 $17.00 $37,230.00 A- D13 VALLEY GUTTER DEMOLITION SF 2190 $6.00 $13,140.00 A- D14 18-INCH ARCH REINFORCED CONCRETE LF 581 $224.00 $130,144.00 PIPE(CLASS IV) A- D15 18-INCH REINFORCED CONCRETE PIPE LF 458 $150.00 $68,700.00 (CLASS III) DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B )19 RE-BID PART A Report Created On: 1/27/21 8:43:47 PM A- D16 24-INCH ARCH REINFORCED CONCRETE LF 30 $335.00 $10,050.00 PIPE(CLASS III) A- D17 CONCRETE COLLAR(18-24 INCH PIPE) EA 3 $1,100.00 $3,300.00 A- D18 CONCRETE COLLAR(36 INCH PIPE) EA 8 $1,100.00 $8,800.00 A- D19 REMOVAL OF REINFORCED CONCRETE LF 30 $65.00 $1,950.00 PIPE(12- 15 INCH) A- D20 REMOVAL OF REINFORCED CONCRETE LF 30 $65.00 $1,950.00 PIPE(18-24 INCH) A- D21 REMOVAL OF REINFORCED CONCRETE LF 24 $95.00 $2,280.00 PIPE(36 INCH) A- D22 TRENCH SAFETY FOR STORMWATER LF 503 $6.00 $3,018.00 LINES(0-5 FEET DEEP) A- D23 TRENCH SAFETY FOR STORMWATER LF 514 $18.00 $9,252.00 LINES(5- 10 FEET DEEP) A- D24 TRENCH SAFETY FOR STORMWATER EA 12 $1,200.00 $14,400.00 INLETS/TYPE'B' MANHOLE(0-5 FEET DEEP) A- D25 TRENCH SAFETY FOR STORMWATER EA 4 $1,200.00 $4,800.00 INLETS/TYPE'C' MANHOLE(5- 10 FEET DEEP) A- D26 ALLOWANCE FOR UNANTICIPATED AL 1 $10,000.00 $10,000.00 STORM WATER IMPROVEMENTS Subtotal: $1,311,673.00 Part E-WATER IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price A- E1 MOBILIZATION(MAX. 5% PART E) LS 1 $400.00 $400.00 A- E2 6-INCH OR 8-INCH A.C.P.WATERLINETO LF 30 $115.00 $3,450.00 BE REMOVED AND DISPOSED A- E3 6-INCH OR 8-INCH A.C.P.TO D.1. EA 4 $650.00 $2,600.00 COUPLINGS A- E4 6-INCH WATERLINE ADJUSTMENT EA 2 $5,600.00 $11,200.00 A- E5 8-INCH WATERLINE ADJUSTMENT EA 2 $5,700.00 $11,400.00 A- E6 FIRE HYDRANT ASSEMBLY TYPE 1 EA 4 $9,700.00 $38,800.00 (INCLUDES MAIN LINE FITTING) A- E7 FIRE HYDRANT ASSEMBLY TYPE 2 EA 1 $9,800.00 $9,800.00 (INCLUDES MAIN LINE FITTING) DocuSign Envelope ID:89636ECA-EB41-45FO-81 D2-81C44D2CCB6B )19 RE-BID PART A Report Created On: 1/27/21 8:43:47 PM A- E8 ALLOWANCE FOR UNANTICIPATED AL 1 $5,000.00 $5,000.00 WATER IMPROVEMENTS Subtotal: $82,650.00 Part F-WASTEWATER IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price A- F1 MOBILIZATION(MAX. 5% PART F) LS 1 $100.00 $100.00 A- F2 ALLOWANCE FOR UNANTICIPATED AL 1 $2,000.00 $2,000.00 WASTEWATER IMPROVEMENTS Subtotal: $2,100.00 Part G-GAS SYSTEM IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price A-G1 MOBILIZATION(MAX. 5% PART G) LS 1 $100.00 $100.00 A-G2 EXCAVATION, BACKFILL AND LF 48 $52.00 $2,496.00 COMPACTION OF TRENCH FOR GAS LINE(ADJUSTMENT TO BE COMPLETED BY THE CITY GAS DEPARTMENT) Subtotal: $2,596.00 Capital Improvement Flan 2019 thru 2023 City of Corpus Christi, Texas Project# 18164A Project Name Residential Streets Type Reconditioning-Asset Longevit Department Street Department . Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition\longe Status Active Description Residential Street Rebuild Project will include new pavement and limited curb and gutter,sidewalk,ADA compliant curb ramps and signage.For an individual residential streets projects listing please go to https://RSRP.ectexas.com 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. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 11,210,050 11,923,636 10,920,000 10,920,000 44,973,686 Inspection 369,562 393,087 360,000 360,000 1,482,649 Engineering Svc 369,562 393,087 360,000 360,000 1,482,649 Admin Reimbursement 369,562 393,087 360,000 360,000 1,482,649 Storm Water-St. 2,438,266 2,593,476 2,375,178 2,375,178 9,782,098 WasteWater-St 9,157 9,740 8,920 8,920 36,737 Water-St. 183,290 194,958 178,548 178,548 735,344 Gas-St. 3,510 3,733 3,419 3,419 14,081 Total 14,952,959 15,904,804 14,566,065 14,566,065 59,989,893 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 9,290,429 1,259,571 10,550,000 Residential St.(Property Tax) 3,028,307 11,843,326 12,000,000 12,000,000 38,871,633 Revenue Bonds 2,634,223 2,801,907 2,566,065 2,566,065 10,568,260 Total 14,952,959 15,904,804 14,566,065 14,566,065 59,989,893 Budget Impact/Other 71 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. 561 Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18164A Project Name Residential Streets Type Recondition/Longevity Department Street Department ; Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition Status Active Description Residential Street Rebuild Project will include new pavement and limited curb and gutter,sidewalk,ADA compliant curb ramps and signage.For an individual residential streets projects listing please go to https:HRSR-P.cctexas.com 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. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 9,838,218 10,757,889 9,820,000 9,820,000 9,820,000 50,056,107 Inspection 369,562 393,087 360,000 360,000 360,000 1,842,649 Design 1,371,832 1,165,747 1,100,000 1,100,000 1,100,000 5,837,579 Engineering Svc 369,562 393,087 360,000 360,000 360,000 1,842,649 Admin Reimbursement 369,562 393,087 360,000 360,000 360,000 1,842,649 Storm Water-St. 2,438,266 2,593,476 2,375,178 2,375,178 2,375,178 12,157,276 Waste Water-St 9,157 9,740 8,920 8,920 8,920 45,657 Water-St. 183,290 194,958 178,548 178,548 178,548 913,892 Gas-St. 3,510 3,733 3,419 3,419 3,419 17,500 Total 14,952,959 15,904,804 14,566,065 14,566,065 14,566,065 74,555,958 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 9,290,429 1,259,571 10,550,000 Residential St.(Property Tax) 3,028,307 11,843,326 12,000,000 12,000,000 12,000,000 50,871,633 Revenue Bonds 2,634,223 2,801,907 2,566,065 2,566,065 2,566,065 13,134,325 Total 14,952,959 15,904,804 14,566,065 14,566,065 14,566,065 74,555,958 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of prof ect to determine on- going or maintenance costs. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action item for the City Council Meeting April 20, 2021 DATE: March 16, 2021 TO: Peter Zanoni, City Manager THRU: Neiman Young, Assistant City Manager neimany(a)cctexas.com (361) 826-3898 FROM: Sarah Munoz, Interim Director of Parks and Recreation Department Sarah M3(a)cctexas.com (361) 826-3042 Rancho Vista Park Improvement Agreement CAPTION: Resolution authorizing park improvement agreement for Rancho Vista Subdivision with Yorktown Oso Joint Venture and Braselton Development Company, Ltd. to develop and gift 1 .268 acres of parkland to the City and authorize an agreement with the Rancho Vista Owner's Association to allow for the owner's association to maintain the new parks. SUMMARY: This resolution authorizes an agreement with developer Yorktown Oso Joint Venture and Braselton Development Company, Ltd. to develop parks within Rancho Vista Subdivision, consent for proposal to dedicate land & construct park improvements in the Rancho Vista subdivision in lieu of the community enrichment & park development fees described in UDC, Subsection 8.3.6 & 8.3.7, and provision of credit in the amount of $130,303.93 for previous park improvements and fees paid within the Rancho Vista Subdivision. BACKGROUND AND FINDINGS: The proposed agreement supports the continued development of high-quality parks for the City's population and provides a unique arrangement for ownership, operation and maintenance by the owners of Rancho Vista Subdivision, while allowing the developer to receive community enrichment fee credits. In accordance with Unified Development Code (UDC) 8.3.8, a developer may construct public park improvements in lieu of community enrichment fees described in UDC Subsection 8.3.6. UDC 8.3.8 requires that once improvements are accepted by the City, the developer shall deed the property and improvements to the City. With recent City Council actions authorizing the sale of neighborhood parks, the Department of Parks and Recreation is no longer accepting neighborhood parks in areas where there are already neighborhood parks that have been developed. In the Rancho Vista Subdivision, park land consisting of 1 .831 acres was dedicated to the City. With these park improvements, the developer received community enrichment fee credits with the subsequent platting of subdivision units. In 2010, the City entered into a Memorandum of Agreement with the Owners Association of Rancho Vista, Inc. that authorizes the Owners Association to maintain the park land dedicated to the City. The developer asserts that this arrangement was originally negotiated to continue through future phases of the Rancho Visa Subdivision. This agreement will formalize the arrangement for the developer to receive fee credits for these parks to be publicly dedicated and constructed in Rancho Vista subdivision. The developer requests to receive community enrichment and park development fee credits for a .634-acre park constructed by the developer in Rancho Vista Unit 14 that is owned/operated by the Owners Association of Rancho Vista, Inc and open to the public. Additionally, developer requests approval for future park construction for park continuity of approximately 0.634 acre-park for an estimated total of 1 .268 acres. The park was deeded to the Owners Association of Rancho Vista, Inc. in 2017 and will be deeded to the city. The developer would also like to continue to receive credit for additional parks to be developed in future phases of the subdivision. The developer desires to continue the development of a neighborhood park and a greenway/pedestrian linkage within Rancho Vista Boulevard to the future Oso Parkway. Any remaining credits may be used for future fee-in-lieu-of-land requirements for future plats in the approved Rancho Vista Preliminary Plat. Land dedication requirements are one acre for each 100 proposed dwellings for single family homes. In the case where land is not dedicated, a fee-in-lieu-of-land dedication is required. The fee-in-lieu amount is the amount of land required for dedication multiplied by the fair market value of the property, or $62,500, whichever is less. Park development fees are $200 per dwelling unit. This agreement provides an updated MOU that provides the park to be maintained and opened to the public by the Owners Association of Rancho Vista. This proposed agreement conforms to the Plan CC's goals and strategies: Element 1 — Natural Systems, Parks & Recreation Goal 7. Corpus Christi has a network of attractive, safe and well-maintained parks that provide shade and other amenities, are well-used by the public, and meet the diverse needs of the population. Goal 8. Parks, beaches recreational areas and other green public spaces are of high quality and are well- maintained. Strategy 2 Continue to support funding and partnerships to provide enhancements and maintenance of public parks. ALTERNATIVES: The alternative would be to create decisions on park acquisition on a case-by-case basis, which does not provide certainty for the developer. This agreement will take the entire preliminary plat into consideration, which is built out over time. City leadership and administration changes over time, so the intent is to formalize this in an agreement so that there are no surprises to the developer. FISCAL IMPACT: There would be a loss of revenue to the community enrichment and parks development fees. The actual credit awarded would be based on the actual land developed as parks, the appraisal value at the time of park development, and the actual number of lots platted. The developer would receive credit for the parks that are dedicated and constructed; therefore, this credit is provided in lieu of fees. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): N/A Account: RECOMMENDATION: Staff recommends approval of this resolution authorizing park improvement agreement for Ranch Vista Subdivision with Yorktown Oso Joint Venture and Braselton Development Company, Ltd. to develop parks within Rancho Vista Subdivision and authorizing park maintenance agreement with Owners Association of Rancho Vista to maintain Ranch Vista Subdivision parks. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Resolution authorizing park improvement agreement for Rancho Vista Subdivision with Yorktown Oso Joint Venture and Braselton Development Company, Ltd to develop parks within Rancho Vista Subdivision; and authorizing park maintenance agreement with Owners Association of Rancho Vista to maintain Ranch Vista Subdivision parks WHEREAS, the developer is developing Rancho Vista Subdivision, being approximately 395 acres; WHEREAS, the Developer intends to construct future parks within the boundary of the Rancho Vista Preliminary Plat; WHEREAS, the Developer is proposing to dedicate land & construct park improvements in the Rancho Vista subdivision in lieu of the community enrichment & park development fees described in UDC, Subsection 8.3.6 & 8.3.7; WHEREAS, the Developer also desires credit in the amount of $130,303.93 for previous park improvements and fees paid within the Rancho Vista Subdivision; WHEREAS, it is in the best interests of the City to have the park improvements installed by the Developer in conjunction with the Developer's Final Plat; and WHEREAS, this Agreement is made pursuant to Article 8, Section 8.3.8, of the Unified Development Code of the City of Corpus Christi (UDC). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a park improvement agreement for Ranch Vista Subdivision with Yorktown Oso Joint Venture and Braselton Development Company, Ltd to develop parks within Rancho Vista Subdivision pursuant to UDC 8.3.8 SECTION 2. The City Manager or designee is authorized to execute park maintenance agreement with Owners Association of Rancho Vista to maintain Ranch Vista Subdivision parks. Page 1 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 Page 2 of 2 PARK IMPROVEMENT AGREEMENT PER UDC § 8.3.8 STATE OF TEXAS § COUNTY OF NUECES § This PARK IMPROVEMENT AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation and Yorktown Oso Joint Venture and Braselton Development Company, Ltd, ("Developer"). WHEREAS, the Developer is developing certain real property located in Corpus Christi, Nueces County, Texas, being 12.15 acres out of Lots 1 through 3, Section 24, and Lots 30 and 31, Section 25 Flour Bluff and Encinal Farm and Garden tracts, , and the Developer desires to develop and plat the Property as Rancho Vista Unit 17 (Exhibit 6); WHEREAS, the developer is developing Rancho Vista Subdivisions being approximately 395 acres; WHEREAS, the Developer intends to construct future parks within the boundary of the Rancho Vista Preliminary Plat (Exhibit 1); WHEREAS, the Developer is proposing to dedicate land & construct park improvements in lieu of the community enrichment & park development fees described in Subsection 8.3.6 & 8.3.7. set forth in Exhibit 2, in the Rancho Vista subdivision; WHEREAS, the Developer also desires credit in the amount of$130,303.93 as shown in Exhibit 3 for previous park improvements within the Rancho Vista Subdivision; WHEREAS, it is in the best interests of the City to have the park improvements installed by the Developer in conjunction with the Developer's final Plat; and WHEREAS, this Agreement is made pursuant to Article 8, Section 8.3.8, of the Unified Development Code of the City of Corpus Christi (UDC). NOW, THEREFORE, in order to provide construction of park improvements, the City and the Developer agree as follows: Section 1. RECITALS. The parties agree that the language contained in the recitals of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. Section 2. TERM. The term of this Agreement (the "Term") is 30 years from the date of the last signatory to this Agreement. Page 1 of 14 Section 3. PARK IMPROVEMENT IN LiEU OF FEES. (a) Pursuant to this agreement, the Developer is granted a Park Development credit of $130,303.93 for previous construction of park improvements, fee in lieu of land, and park development fee contributions for the Rancho Vista Subdivision as shown in Exhibit 3. Park Development credit is only applicable to the Rancho Vista Subdivision, as shown in Exhibit 1. (b) Subject to the terms of this Agreement, the Developer will dedicate land and construct the park improvements within the Rancho Vista Subdivisions, as shown in Exhibit 2 in accordance with the plans and specifications approved in advance of construction by the Director of Parks and Recreation on behalf of the City. The Developer shall submit plans and specifications to the Director of Parks and Recreation 120 days prior to recordation of the final plat. Should no plans be submitted 120 days prior, the park improvement is not authorized under this agreement. If plans are submitted within the specified time, the Director of Parks and Recreation has 60 days to approve, deny or approve with conditions. If no response is provided by the Director, the plans shall be deemed approved. The Developer shall construct the park improvements in lieu of paying the community enrichment and park development fees as described in Subsection 8.3.6 & 8.3.7 of the UDC. Upon receipt by the Development Services Department of a letter of completion of the park improvements described in Section 4, the Developer shall receive credit for an amount to be approved by the Director of Parks and Recreation based on land value and actual improvement expenses for Rancho Vista 17 and Future park development authorized by the Director of Parks and Recreation for community enrichment and park development fees in accordance with Subsection 8.3.8 of the Unified Development Code and can be carried forward to future plats in Rancho Vista subdivisions, as shown in Exhibit 1. Any remaining credit may be used for future Subsection 8.3.6 UDC fee in lieu of land requirements for plats & Subsection 8.3.7 UDC fee in lieu of park improvements, within the approved Rancho Vista Preliminary Plat. Section 4. PARK MAINTENANCE. The parties agree that upon completion of the parks, a Homeowners Association (the Owners Association of Rancho Vista) will maintain the parks (Rancho Vista Park System) in accordance with Park Maintenance agreement (Exhibit 4). Section 5. PERFORMANCE AND PLAT RECORDATION. The parties agree that the parks shall be constructed prior to the recording of the final Plat. In lieu of final completion, a financial guarantee may be provided for the park improvement in accordance with Subsections 8.3.8 & 8.1.10 UDC. Section 6. INSPECTIONS. Throughout construction, the City may conduct periodic inspections and either approve the progress of the Project or promptly notify the Developer of any defect, deficiency, or other non-approved condition in the progress of the Project. Prior to construction, Developer and Director of Parks and Recreation will agree to an inspection schedule in writing. Page 2 of 14 Section 7. INDEMNIFICATION. PRIOR TO THE TRANSFER OF THE PARK TO THE CITY AS CONTEMPLATED BY THIS AGREEMENT, DEVELOPER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, PROXIMATELY CAUSED BY DEVELOPER'S NEGLIGENCE ARISING FROM OR RELATED TO THE CONSTRUCTION OF THE PARK IMPROVEMENTS. Section 8. DEFAULT. The following events shall constitute default: 1. Developer fails to submit plans and specifications to Development Services for the Project for review by the City's Director of Parks and Recreation or designee in advance of construction. 2. Developer does not reasonably pursue the Project under the approved plans and specifications. 3. The Developer fails to dedicate and construct future parks identified in Exhibit 2, under the approved plans and specifications on or before the recordation of the final plat . 4. Either the City or the Developer otherwise fails to comply with its duties or obligations under this Agreement. Section 9. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. Page 3 of 14 4. Should the Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in section 13, of the need to perform the obligation or duty and, should the Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer. 5. In the event of an uncured default by the Developer, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Cease to provide credit for the Community Enrichment & Park Development Fees to unrecorded and future plats in the Rancho Vista Preliminary Plat. 6.In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer has all its remedies at law or in equity for such default. Section 10. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Section 11. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer to another without the written approval and consent of the Director of Parks and Recreation. provided, however, Developer may assign its rights and obligations under this Agreement in writing to a wholly-owned subsidiary or affiliate of Developer without any prior written approval or consent of any party or person. Section 12. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: Page 4 of 14 If to the City: If to the Developer: City of Corpus Christi Yorktown Oso Joint Venture Attn: Director, Parks and Recreation Fred Braselton, Managing Partner 1201 Leopard Street 178401 5337 Yorktown Boulevard — Suite 10D P.O. Box 9277178469-9277 Corpus Christi, Texas 78413 Corpus Christi, Texas with a copy to: City of Corpus Christi Braselton Development Company, Ltd Attn: Asst. City Manager, Fred Braselton, General Partner Business Support Services 5337 Yorktown Boulevard — Suite 10D 1201 Leopard Street 178401 Corpus Christi, Texas 78413 P. O. Box 9277178469-9277 Corpus Christi, Texas City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. Section 13. NO JOINT VENTURE. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture between the parties. Section 14. DISCLOSURE OF INTEREST. In compliance with Corpus Christi Code § 2-349, the Developer agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Section 15. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; Page 5 of 14 b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state,tx.us/whatsnew/elf info forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at htt s:/� /www.ethics.state.tx.us/legal/ch46.htm1. Section 16. CONFLICT OF INTEREST. Developer agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index Section 17. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. Section 18. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter hereof. Section 19. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 20. APPLICABLE LAW: VENUE. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 21. AUTHORITY. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. (SIGNATURE PAGES FOLLOWS) Page 6 of 14 EXECUTED in one original this day of , 2020. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Peter Zanoni City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2020. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Peter Zanoni, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2020. Notary Public, State of Texas APPROVED AS TO FORM: This day of 2020. Buck Brice Assistant City Attorney For the City Attorney Page 7 of 14 DEVELOPER: 'Yorktown Oso Joint Venture & Braselton Development Company, Ltd Z Vzo red Braselton Date ` Managing Partner SUZANNE HONEA STATE OF TEXAS § _ Notary ID#130560604 s„ My Commission Expires of T�4 February 29, 2024 COUNTY OF NUECES § This instrument was acknowledged before me on 2020, by Fred Braselton, Managing Partner, Yorktown Oso Joint Venture fa Texas ioint venture) and Braselton Development Company, Ltd (a Texas Limited Partnership), , on ehalf of said companies. tary ublic's Si6natLle Attached and Incorporated by Reference.- Exhibit eference:Exhibit 1: Preliminary Plat Map Exhibit 2. Location of Parks to be Dedicated and Improved Exhibit 3: Credit for Previous Park Contributions Exhibit 4: Park Maintenance Agreement Exhibit 5: Disclosure of Interest Exhibit 6: Rancho Vista 17 plat Page 8 of 14 Exhibit 1 Li lz If _ j Y -•` - .. is". -- �F` _— ii -. �' i f +� -j1 �— L 7 it _ txJ _ 336.81 Acres Exhibit 2 Ll - ��' — { i � of 'V `c• � �^� � T` � i Exhibit 3- RANCHO VISTA SUBDIVISION PARK IMPROVEMENTS PARK COST- UNIT 1 $ 114,585.00 Fees not paid Unit 1 $ (30,064.00) Fees not paid Unit 3 $ (15,316.00) Fees not paid Unit 4 $ (9,969.00) Fees not paid Unit 4A $ (4,702.00) Fees not paid Unit 3A $ (6,223.00) Fees not paid Unit 2 $ (5,965.00) Fees not paid Unit 5 $ (7,339.00) Fees not paid Unit 6 $ (9,836.00) Fees not paid Unit 7 $ (11,071.00) Fees not paid Unit 8 $ (21,816.00) UNIT 9 PARK COSTS $ 50,526.74 Fees paid for Unit 9 $ 6,574.00 Fees paid for Unit 10 $ 12,580.00 Fees paid for Unit 11 $ 13,260.00 Fees not paid Unit 12 $ (26,258.00) Fees not Paid Unit 13A $ (11,120.00) COST OF UNIT 14 PARK $ 128,845.25 Fees not paid Unit 14 $ (1,720.00) Fees not paid Unit 14 $ (6,828.40) Fees Paid for Unit 15 $ 17,550.00 Fees not paid Unit 16 $ (14,457.33) Fees paid for Unit 16 $ 4,542.67 Fees not Paid Unit 17 $ (8,600.00) Fees not Paid Unit 17 $ (26.875.00) Total Credit $ 130,303.93 Page 11 of 14 weu"a�u o — o a yy r '76 lb 3 fi �F wjl afh It b s W i eg gg + gs $ 28 $ IdsN. A �Roia O a s ES -.7. 51 IAll E s9g� 1 E'Q Ig E. M1 u r e � g e at o 3=s �o � Ng �5p�9 N &`off ogo � °E $ mG gc. 5 r5b°5 I $ g nEfr�e €go a— 6 �a€Y la `Xd In 65 " �o5m�g 5 sa ox o �Eetgfi � Igo z� IN w City of Carpus Christi,Texas Department of Development Services 6 City of Carpus CPA.Box as 77 ivisli,Texas 78469-9277 (361)R36-324(1 wcorpus Located av 2106 Leopard Strcct ■ =Christi (Comer of Leopard St.and Port Ave.) L1 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: STREET: CITY: ZIP: FIRM is: ❑Corporation ❑ Partnership ❑ Soie Owner ❑Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: //17411yllaC (Print) Signature of Certifying Person: 1' �/WDate: ZJf KaDEVELOPMENTSVCS�SHAREMLAND DEVELOPMENMORDINANCE ADMINIS'I'RAT'ION1APPL1CATION FORNISTORNIS AS PER LEGAL120121DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC PARKS MAINTENANCE AGREEMENT This Parks Maintenance Agreement (AGREEMENT) is made by and between the City of Corpus Christi ("City") and Owners Association of Rancho Vista, ("HOA") and refers to all public parks in the Rancho Vista subdivision. By signature below, the parties agree as follows: Section 1. Definitions Park System:The park system including existing and future parks located within the Rancho Vista Subdivisions (Exhibit 1). Section 2. Background. HOA has previously maintained the Park System and will continue to provide maintenance of the Park System, subject to City's ownership and provision of water to the Parks in the same manner water is provided to similar parks within the City. Section 3. Purpose. This AGREEMENT is entered into to establish the obligations between the parties regarding Park maintenance. Section 4.Term This AGREEMENT becomes effective and is binding after the date of final execution by all parties. The AGREEMENT automatically renews for additional one-year terms unless amended or terminated in writing by either party. Section S. Responsibilities of HOA for Park Maintenance A. Perform regular landscape maintenance services (including but not limited to, mow, edge and blow all lawn areas) in accordance with the following Frequency Schedule. B. Trim plants and trees to remove dead vegetation or for accessibility. C. Remove and pick up litter. D. Regulate irrigation system for effective and efficient watering of lawn and landscaped areas following water conservation standards observed by the City of Corpus Christi. E. HOA maintains responsibility to repair and replace irrigation components at the Parks which were damaged by HOA or its contractor. F. Maintain and replace park elements according to manufacturer warranty standards during the warranty period. G. Replace trees damaged by maintenance activities, or damaged due to excess or lack of irrigation. H. Comply with the insurance requirements listed on the attached Exhibit A. Frequency Schedule Jan I Feb I Mar I Apr I May I Jun I Jul I Aug I Sep Oct I Nov Dec Mow, edge, weedeat, power blow walks and 2 2 3 3 3 3 3 3 3 3 2 2 curbs, weed beds Remove all litter Every visit Trim plants and trees to remove dead As needed vegetation or for accessibility Apply herbicide, pesticide and fertilizer As needed Monitor irrigation system (repair as Every visit needed) Inspect play and park elements Every visit Section 6. Responsibilities of City City is responsible for the water to the park system in the same manner water is provided to similar parks within the City- In the event of a drought or water restrictions, water will be restricted in the same manner water is restricted to similar parks within the City. Section 7. Notices. Any notices under this AGREEMENT must be provided as follows: To the City: City of Corpus Christi Director of Parks and Recreation P.O. Box 9277 Corpus Christi, Texas 78469-9277 To the HOA: Owners Association of Rancho Vista, Inc. 5337 Yorktown, Suite 10D Corpus Christi, Texas 78413 Section 8. Indemnity. HOA agrees to indemnify, save and hold harmless City, its officers, employees, and agents against any liability, damage, loss, claims, demands, and actions on account of personal injuries (including, without limitation,workers' compensation and death claims), or property loss or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with the acts or omissions of HOA both lawn maintenance contractors or subcontractors under this Agreement. Section 9. Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement EXECUTED in one original this day of ����c � C 12020. .W ERS`ASSO IAT OF RANCHO VISTA, INC 12 Lr z Bart Brase ton Date Manager ra*0.r° err SUZANNE HONEA Notary!D#1 30560604 a My Commission Expires STATE OF TEXAS F February 29. 2024 COUNTY OF NUECES This instrument was acknowledged before me on � 2020, by Bart Braselton Manager, Owners Association of Rancho Vista Inc ajexas non-profit, on behalf of said company. i Notary Public's , ig ature ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Sarah F. Munoz, P.E. City Secretary Interim Director,Parks and Recreation APPROVED AS TO FORM: Buck Brice Assistant City Attorney For the City Attorney EXHIBIT A INSURANCE REQUIREMENTS I_ HOA'S INSURANCE A. HOA must not commence work under this agreement until all insurance required herein has been obtained and approved by the City. HOA must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. HOA must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, non-renewal, Bodily Injury and Property Damage material change or termination is required on all Per occurrence aggregate certificates COMMERCIAL GENERAL LIABILITY including: $500,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises-Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors AUTOMOBILE LIABILITY-OWNED, NON-OWNED $500,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS'COMPENSATION COMPENSATION ACT AND SECTION II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 C. Inthe event of accidents of any kind, HOA must furnish the Risk Manager with copies of all reports of such accidents within ten(10)days of the accident. Il. ADDITIONAL REQUIREMENTS A. HOA must obtain workers' compensation coverage through a licensed insurance company obtained in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. Coverage must be provided in amounts sufficient to assure that all workers' compensation obligations incurred by the HOA will be promptly met. B. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the General Liability coverage, and blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause(bottom right) must be amended by adding the wording "changed or" between"be and 'canceled", and deleting the words, "endeavor to",and deleting the wording after "left". In lieu of modification of the ACORD form,separate policy endorsements addressing the same substantive requirements are mandatory. * The name of the project must be listed under "Description of Operations". * At a minimum,a 30-day written notice of cancellation,termination,material change,non-renewal is required. E.bibit 2 — ., Parks and Rec Assessment: F The Rancho Vista request is to accept a park composed of a .5 mile walking trail with plans for expansion. It is completely �y furnished with quality equipment and is an asset to _T ,._r-- the community. The department approves Rancho Vista's request and recommends the agreement be accepted. 44 riF V-A i f _ .,1 y 00 j A �i�,��l a w 1 .r M 'r rAV W ik r �. F� 4 I � _m�u r77 i MEN e wall PlftesOG AST�E ' a clean as i dam` Your do r n h ten. 9 f' Asti M Y A # E4 .;� < . - _. .rAN, . . > . . w�. . py _■ w,«!« � °«2 i a } It Tr �x h IF r ,SUS G� 011 h AGENDA MEMORANDUM CORPOR I First Reading Ordinance for the City Council Meeting of April 20, 2021 1852 Second Reading Ordinance for the City Council Meeting of April 27, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(o-)-cctexas.com 886-2603 Acceptance of funds from the State of Texas Law Enforcement Standards and Education account CAPTION: Ordinance accepting $22,816.97 from the State of Texas - Law Enforcement Officer Standards and Education Account; and appropriating $22,816.97 for FY 2021 in the Police Grants Fund for training of sworn and civilian personnel. SUMMARY: The State of Texas provides an annual allocation for training of police personnel to retain their required accreditation hours as well as any type of training equipment the department may need to enhance training. The funds must be appropriated annually when the funding is received. BACKGROUND AND FINDINGS: The funds are received from the State as directed by the Texas Occupations Code, Section 1701.157, as an annual allocation from the Law Enforcement Officer Standards and Education account. The funds are to be used by qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and civilian support personnel and any training equipment. The amount of funds received depends on the number of sworn personnel that Corpus Christi Policy Department (CCPD) has as of January 1 of each year. CCPD has been receiving the funds since 2002 with last year's amount $25,409.75. ALTERNATIVES: The alternative is to not accept the funds and offer less training to officers and civilian personnel. FISCAL IMPACT: The fiscal impact for FY 2021 is the acceptance of funds in the amount of $22,816.97 and appropriating the $22,816.97 to the Police Grants Fund. Funding Detail: Fund: 1074 Police Grants Fund Organization/Activity: 826200L Mission Element: 151 Respond to Law Enforcement Calls Project # (CIP Only): N/A Account: 547012 Amount: $22,816.97 RECOMMENDATION: Staff recommends approving the ordinance and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter—Available upon request Ordinance accepting $22,816.97 from the State of Texas - Law Enforcement Officer Standards and Education Account; and appropriating $22,816.97 for FY 2021 in the Police Grants Fund for training of sworn and civilian personnel. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $22,816.97. SECTION 2. That $22,816.97 is appropriated in the No. 1074 Police Grants Fund for training of police personnel and purchase of training equipment. 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: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca L. Huerta Paulette M. Guajardo City Secretary Mayor so �o o� A v WoRPORP�g4 AGENDA MEMORANDUM 1852 First Reading Ordinance for the City Council Meeting April 20, 2021 Second Reading Ordinance for the City Council Meeting April 27, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works Richard M5(a)-cctexas.com (361) 826-3419 Josh Chronley, Interim Assistant Director of Contracts and Procurement Joshc2(a-)cctexas.com (361) 826-3169 Mowing Services for Stormwater Group 5B CAPTION: Ordinance rejecting the apparent low bid of WLE, LLC. due to refusal to perform on a previous mowing contract providing similar services and authorizing a three-year service agreement for mowing and grounds maintenance of Stormwater Mowing Group 5B for an estimated amount of $73,740.00 with Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas for the Department of Public Works, with FY 2021 funding in an amount not to exceed $10,242.00 available through the Stormwater Fund. SUMMARY: This ordinance authorizes a three-year service agreement for the mowing and grounds maintenance of Stormwater Group 5B. These services are necessary to maintain aesthetics in and around the high traffic areas that are highly visible and must always be presentable. BACKGROUND AND FINDINGS: Mowing and grounds maintenance ensures that street rights-of-way sites are clean, well- maintained, and presentable at all times. This contract is to maintain rights-of-way and stormwater drainage ditches that comprise Group 5B, which consists of six citywide locations with a total area of 18.68 acres per cycle. The contract stipulates a total of 20 mowing cycles be completed per annuum, or a total of 373.60 acres to be mowed per annuum. The detail of the tracts included in Group 5B are listed in Table 1. Table 1. Stormwater Mowing Group 513 site detail. Department of Public Works SWO Vegetation Management Division Mowing Services for Stormwater Street Right of Ways for Group 513 Locations and Acreage MOWING GROUP R.O.W. STRIP MOWING CONTRACT(IMPROVED) TO DATE AcreageID Area Location G513-1 Flour Bluff Flour Bluff @ SPID - From Ramp to Ramp along 2.70 Exchange access road G513-2 SPID 1 Airline to Oso turnaround, both sides of SPID 5.27 G513-3 SPID 2 Flour Bluff to turnaround @ Cayo Del Oso 1.32 G513-4 Rodd Field Road SPID to Saratoga, including medians @ Saratoga 8.86 G513-5 Braeswood Median Braeswood at Williams 0.10 G513-6 Nile Median Nile at SPID 0.43 TOTAL ACRES 18.68 The previous contract for Stormwater Mowing Group 5B was for the same three-year term and conditions for a total cost of$81,660.00 for 20 annual mowing cycles. Therefore, the department is realizing savings in the amount of$7,920.00 over the term of the contract as compared to the previous contract. The lowest bidder for Stormwater Mowing Group 5B solicitation was WLE, LLC.; however, they are not recommended to be awarded this contract due to past performance issues with this firm. In August 2020, WLE, LLC. was awarded a stormwater mowing contract which included tracts of right-of-way and stormwater ditches located in the North Beach area. When the contractor arrived on site, they called the City's Contract Funds Administrator regarding the mowing contracts in Vegetation Management. In response, City staff drove out to the site at North Beach to meet with WLE, LLC. in person. WLE, LLC. told staff that they bid way too low for the amount of work that was needed to complete the job to contract specifications. Further WLE, LLC. informed City staff that they were not going to acquire the needed equipment and that they would not be fulfilling the terms of this contract. Upon the notice to proceed notification, WLE, LLC. refused to perform the work specified in their contract and subsequently was terminated on the grounds of non- performance. In view of their non-performance under the aforementioned contractual agreement to provide similar services, WLE, LLC.'s bid for Stormwater Mowing Group 5B was deemed as non- responsible and rejected. The contract is recommended to be awarded to the next lowest bidder, Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, TX. The difference between the bids received for WLE, LLC. and Tony's Lawn Service for Stormwater Mowing Group 5B was $2,313.20. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bid (RFB) process to obtain bids for new long-term mowing and grounds maintenance contracts. Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas, was selected for the Stormwater Mowing Group 5B contract in January 2021 under RFB 2643. Eleven bids were received, and the contract is being awarded to the second lowest bidder. The lowest apparent bidder, WLE, LLC., was rejected and deemed as non-responsible due to performance issues on previously awarded mowing contracts of a similar nature and scope with the City. This award will add an additional 373.60 acres to the existing 1,255.36 acres Tony's Lawn Service is under contract to mow annually for the Stormwater's Vegetation Management Division. The difference between the bids received for WLE, LLC. and Tony's Lawn Service for Stormwater Mowing Group 5B was $2,313.20. In August 2020, WLE, LLC. was awarded a stormwater mowing contract which included tracts of right-of-way and stormwater ditches located in the North Beach area. When the contractor arrived on site, they called the City's Contract Funds Administrator regarding the mowing contracts in Vegetation Management. In response, City staff drove out to the site at North Beach to meet with WLE, LLC. in person. WLE, LLC. told staff that they bid way too low for the amount of work that was needed to complete the job to contract specifications. Further WLE, LLC. informed City staff that they were not going to acquire the needed equipment and that they would not be fulfilling the terms of this contract. Upon the notice to proceed notification, WLE, LLC. refused to perform the work specified in their contract and subsequently was terminated on the grounds of non- performance. Contracts and Procurement recommends awarding this contract to the lowest responsive, responsible bidder, Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, TX. ALTERNATIVES: The alternative is to hire City staff and purchase additional equipment to do the work in-house. Currently, Public Works does not have the appropriate staffing levels nor the equipment necessary to provide service to these areas. FISCAL IMPACT: The FY 2021 fiscal impact to the Stormwater Fund is an amount not to exceed $10,242.00, with the remaining balance totaling $63,498.00 contingent upon City Council's approval of future fiscal years' annual operating budgets. 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 Amount: $10,242.00 RECOMMENDATION: Staff recommends approval of this ordinance authorizing a three-year service agreement with Juan Antonio Galnarez, dba Tony's Lawn Service for Stormwater Mowing Group 513, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Bid Tabulation Service Agreement Presentation Department of Public Works Group 5B Mowing Contract Award Council Presentation � April 20, 2021 • Flour Bluff Exchange 2.70 Acres • • SPI D 1 5.27 Acres • SPI D 2 1.32 Acres • Rodd Field Rd. 8.86 Acres • Braeswood Median 0.10 Acres • Nile Median 0.43 Acres Total 18.68 Acres Department of - Public Works Flour Bluff Exchange — 2 . 70 Acres AM �x opus Cy Department 1Y8 of p/ r Public „3s to Oso Turnaround both Sides 14, Spro is Farrrmers-Markel � b l��f mpu� a y -- --�•QutONatlOn Nonda{ ,� , � � '�'qtl� —.-- .� `s:Home..� -XD acid IMAX �. =•-1�” _..� -H� �,'�-u.da; -;, �. - _ �� �• A artment Homes �`�' �` pen Hei ht �I� '� t ° Cor us Chri v. t�1 k II opus Cy Department 4O�pU5 Cy4 of i Y X Y J A�y.,Flu n a ti yPublic Wks o J _ N aesi +eZ Flour • Tur naround at Cayo Del Oso — 1.32 Acres FC s d n� w Cpe WISH � � �er�, ,•.. o 4 UY� � S IP.adfe 4sland Dr BaY'Club • _ .. ^� _ ea a ^o� s Padre � �� • - .K' R t _ .t ° � .. Murphy Expess.�'` �_ t � _. n. . . .�.+ •}.f L-uthera n_C hurcH opus Cy Department 1Y8 of p/ r Public „3s R • • • Field R • . • 8 . 86 Acres NOW- 777, y m 1 re �, Cascade Carwash • - Credh i e �aOM }fr opus Cy Department • • -- J tir,F��S�fi�l�y Public Works r85� • % Braeswood Median - 0. 10 acres IL �BS1 g a 8racswood.D raeswoo r Brae wood'p ""��`� ���" opus Cy Department _ _ 4O�pU5 Cy4 v0 ✓.,nk'r ?i Public Works v h asz +esz Nile Median - 0.43 acres Taco Bell q �� I L� x t: I Department of Public Works Questions ? DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3463 U Mowing Services for Stormwater Street Right of Ways Group 5B yeanaonn!e� 1852 THIS Mowing Services for Stormwater Street Right of Ways Group 5B Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Juan Antonio Galnarez dba Tony's Lawn Service ("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 Stormwater Street Right of Ways Group 5B in response to Request for Bid/Proposal No. 3463 ("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 Stormwater Street Right of Ways Group 5B ("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 $73,740.00, 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. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Patrice Aubert Department: 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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A 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, 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: Patrice Aubert Title: Work Coordinator Address: 2525 Hygeia Street, Corpus Christi, Texas 78415 Phone: (361) 826-1699 Fax: N/A IF TO CONTRACTOR: Juan Antonio Galnarez dba Tony's Lawn Service Attn: Juan Galnarez Title: Owner Address: 1228 N. Racine St. Rockport, TX 78381 Phone: 361-386-0045 Fax: 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A 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. 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A CONTRACTOR uSigned by: Signature: � =274 Juan Galnarez Printed Name: Title: owner 3/29/2021 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 l : RFB/RFP No. 3463 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A Attachment A: Scope of Work 1. General Requirements/Background Information The Contractor shall 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. The Bidder may not use subcontractors in connection with the work performed if awarded a contract. The Contractor must be located within a 30-mile radius of City of Corpus Christi. 2. Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming 1 , The Contractor and all related employees shall attend an orientation prior to the term of the contract at the following location: 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to ensure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. However, if the debris is too large to haul, the Contractor shall pile the debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4, Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. A. Mowing and Trimming 1 , Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Page 1 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A 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. 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. 3. 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. 4. 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. 5. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. Contractor MUST NOT sweep or blow any grass clippings or leaves into the streets, gutters or other portions of the storm water system including ditches and storm drains. 6. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, fire hydrants including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 7. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. B. Edging 1. String line trimming is acceptable for general monthly maintenance. 2, The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. 3. Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide grounds maintenance only in appropriate months and in accordance with the Page 2 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A City's cycle requirements. Changes in such work schedules must be sent to the Contract Administrator or designee for approval, C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator to ensure there is no interference with activities, rentals or special events. Cycle Description: Improved ROW Group 5B 16 cycles with (1) option cycle to use as Departments discretion. March, April, May, June - (2) Cycles a month July, Aug, Sept, Oct, Nov, Dec, Jan, Feb - (1) Cycles a month *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-15th and Cycle 2 16th -to end of month. *The Contractor shall schedule mowing cycles 25 to 35 days apart not mowing no more than one cycle per month. Total Cycles - 17 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 Page 3 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A Administrator, or designee and received permission to proceed with work order. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes 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. 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. 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 Page 4 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 7. Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1 . The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 8. Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If the locations listed on the approved schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 p.m. the day the location(s) were missed. No work shall be started without proper, prior notification. B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00 a.m. on the day to be inspected, When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for re-inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contract will not be given credit. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a Page 5 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 re-inspection fee will be charged. Failure of the fourth inspection will deem the property un-serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work a 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E. Work Crew Supervision: The Contractor shall always provide qualified supervision of each crew while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator, Failure of the supervisor to act on said directives shall be enough cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify 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. Page 6 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A GROUP 5B Acreage 513-1 Flour Bluff Exchange Flour Bluff @ SPID-From Ramp to Ramp along access road 2.70 513-2 SPID 1 Airline to Oso turnaround, both sides of SPID 5.27 513-3 SPID 2 Flour Bluff to turnaround at Cayo Del Oso 1.32 513-4 Rodd Field Rd. SPID to Saratoga, including medians at Saratoga 8.86 513-5 Braeswood Median Median on Braeswood and Williams Dr. 0.10 513-6 Nile Median Median on Nile Dr.off S.P.I.D 0.10 TOTAL ACRES 18.35 WM r #. ux , Ane'clanorAp�ar[ a ' aV r e *^ k0' yy p tr L °� ��1Stn es P dlatncrG�nic la f o exas hrlstlan Gara 'So h Texas ge C aul' era o0 Na,yArmyCom uni _ �; Couns0ling a. 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'$rpa9a ``u„ti— — .-.e• .,,,,fir , I w or r 17Bo Braeswood Dnve' "W*•a � 4 W .. T IT snap - 1 Google A I—gerye2020 Gn.Og1a,Mapdata&D2020 Ul t.d Staten Terms Sendfeedback 50tt, M � } ,�`�'S ,• _ °'' yin ���A ,^ � r°�'�r � ��"i 'I">" •f l,;t. k� �,k� " ( 7 k-.,:,I-� ery w .� o. k""~*.. �` _ f n" f w Sign in 4—y �`r ti' • �'k�l .° G- -Y I I `" f to M e � ' -- -, w 4 r L,lu1u44�- Nike Dr _ _- Ndr. .".: - ;� i. NiheDr i ram• _- � I d....=rW�' �'rsa°z. 43•w�/li iS �—�e- r— s�T.,seaw.aaak.� `••rr : r ,,w ,A 3Da . I ram r u a •■ 'w" rn Map Google � -u l Rna. Imagery�2G2G Google,lm gery®2G2GM rTechnologies,ieKas General Land G�ce,US_G¢Wogiral Survey,Map tlata®2020 Gnited State Terms esdback SC ft DocuSign Envelope ID:16E 8B52-23BA,4EB3-843A-3ECC43C5F89A G513 MOWING CONTRACT PP H , WiJ.......IN . w aGR 9 —T- 11— Z W M 'IT INI T 9 NN ap- 0- 1—N�N . ......... N IN. woi"oa1 any —0 Cl— C�=.N TAR --N —1.1 o C.N. —c- A slol, Legend E Row Group Flour Bluff J Exchange 7%E3' (UnderTxDot ME' IL Overpass) �N -.TIN.. C--N Rood Field Rd. IN SPID 1 N 0 0.151,0� p3 -16.(, 0.9 1.2,1e SPID2 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A ,¢yus c Attachment B: Bid and Pricing Schedule CITY OF CORPUS CHRISTI °i 1 CONTRACTS AND PROCUREMENT DEPARTMENT v BID FORM ///CORP OP FE 1852 RFB No. 3463 Mowing Services for Stormwater Street Right of Ways for Group 513 PAGE 1 OF 1 Date: Authorized Bidder: ��,C i� ���+� ►`� Q' lam'-`Z.. 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 Acres Cycle Unit Price Extended Per Cycle Price 1. Mowing for Group 5B 18.35 20 $ $ Year 1 2. Mowing for Group 5B 18.35 20 $ I $ Year 3. Mowing for Group 5B 18.35 20 $ $ Year 3 �`Z2. �>at) zq� Total Price for Group 5B -7' Page 1 of 1 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 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 Page 1 of 3 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit Page 2 of 3 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A 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 3463, Section 5 Insurance; Bond Section 5(B) is here by void. 2020 Insurance Requirements Ins. Req. Exhibit 4-113 Contracts for General Services -Services Performed Onsite 06/08/2020 Risk Management- Legal Dept. Page 3 of 3 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3328, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. Page 1 of 1 �vs cr �o 0 v NOflPORPY ED xss2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting April 20, 2021 Second Reading Ordinance for the City Council Meeting April 27, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreye(a)-cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works Richard m5(a)-cctexas.com (361) 826-3419 Amending Chapter 49 of the Code of Ordinances to add Article VIII — Management of Rights-of-Way CAPTION: Ordinance amending the Code of Ordinances, Chapter 49, to promote better management of the public rights-of-way for Bond and other infrastructure projects, adding Article VIII - Management of Rights-of-Way to clarify responsibilities for all types of utilities within a public right-of-way, and establishing a penalty. SUMMARY: This item amends the Code of Ordinances to establish procedures for the management of public rights-of-way and clarifies the responsibilities of franchise utilities to accommodate City infrastructure projects. The ordinance also removes the expired Telephone Ordinance to ensure there are no conflicts within the City Code. BACKGROUND AND FINDINGS: The City spends significant amounts of funding annually on public works design and construction contracts. These projects typically have a 3- to 5-year execution period once approved in the Capital Improvement Program (CIP). The CIP is updated and published annually and is available on the City's website. Additionally, the City makes significant efforts to coordinate with private utility owners to de-conflict proposed improvements from their infrastructure located within the public right-of-way. The City distributes plans and specifications to private utility companies during the design phase and hosts monthly utility coordination meetings to discuss upcoming projects with private utility companies. The City also spends significant amounts to accurately locate third party utilities so that conflicts can be addressed during design. Despite these significant coordination efforts by the City, projects still encounter avoidable construction delays and cost escalation due to unanticipated utility conflicts. For example, the reconstruction of Ayers Street, Rodd Field Road, Holly Road (Ennis Joslin to Rodd Field), Holly Road (Greenwood to Crosstown Expressway), Park Road 22 Bridge, Flato Road, Williams Drive, Morgan Street, Slough Road and Corona Drive were delayed due to utility conflicts discovered during construction. The purpose of this ordinance is to promote better management of the public rights-of-way. It establishes reasonable expectations for utility operators whereby they are required to submit a schedule and relocate their facilities within an established timeframe and keep their contact information current with the City and formalizes potential penalties for causing unnecessary consequences to City projects. Pursuant to state law, private utility companies are required to relocate their facilities located in a public right-of-way to accommodate City infrastructure projects. The City should not experience construction delays or additional construction cost due to conflicts with franchise utility infrastructure. Those should be easily avoidable if all parties are appropriately engaged in the process and responsive to relocation needs when conflicts are unavoidable. The current City Code, Section 49-43, requires private utility owners to relocate their facilities in a timely manner and notify the City Engineer of their schedule for relocation. If the City discovers a utility conflict during the design phase, the proposed City Code, Article VIII of Chapter 49, requires private utility owners to submit their schedule within 45 days of being notified of the utility conflict and complete the relocation within 120 days of the date agreed to in the schedule. If the utility conflict is discovered during construction, the schedule must be submitted within 5 days of being notified by the City, and the relocation must be completed within 30 days unless the City Engineer extends the performance by an additional 30 days. Most Texas cities that have a Right- of-Way Management ordinance require the relocation schedule to be submitted within 5 days if the conflict is discovered during construction, and the relocation to be completed within an approved timeframe. The party responsible for paying for the relocation is determined by state law and City Code. The City has exclusive jurisdiction of its public rights-of-way. Private utility companies that locate their facilities within the public rights-of-way do so with the permission of the City and must relocate their facilities at their own expense, which means they pay their own costs. If the utility is located in an easement that existed before the public right-of-way, the city must pay the costs of relocation because the utility has a property interest that pre-dates the City's property interest. In that case, the City would typically reimburse the utility's expense after the relocation has been completed. For electric utilities, Section 37.101(c) of the Texas Utilities Code requires electric utilities to relocate at their own expense to permit the widening or straightening of public rights-of-way. The City is required to pay the relocation costs for electric utilities not required due to widening or straightening. The penalty for violation of Chapter 49 of the City Code did not change and per Section 1-6 of the City Code, the private utility can be fined a maximum of$500 per day for every day that they fail to submit a schedule or fail to relocate their facilities. This ordinance also removes Chapter 55, Article XIV — Telephone Ordinance Agreement which expired in 1992. In December 2020, the Engineering Services Department hosted a meeting with private utility owners and presented the ordinance and the changes to Chapter 49 regarding management of public rights of way. The City received comments from only one interested party, AEP, and made minor revisions to the ordinance. Most of AEP's comments concerned the existing Franchise Agreement and Section 37.101 of the Texas Utilities Code regarding paying for relocation costs. AEP also requested an extended timeframe to relocate their utilities. It was explained to AEP that state law determines who pays the cost of the relocation, and Engineering Services rejected adding an extended timeline to the ordinance. A final version of the ordinance was distributed to the private utility owners in March 2021. No further comments have been received. ALTERNATIVES: 1. Authorize amending the Code of Ordinances. 2. Do not authorize amending the Code of Ordinances. (Not Recommended) FISCAL IMPACT: There is no fiscal impact for amending the Code of Ordinances, Chapter 49 to include Article VIII — Management of Rights-of-Way. RECOMMENDATION: City staff recommends amending Chapter 40 of the Code of Ordinances to add Article VIII — Management of Rights-of-Way to establish procedures for the relocation of privately-owned facilities within a public right-of-way to accommodate City infrastructure projects and remove the expired Telephone Ordinance Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances, Chapter 49, to promote better management of the public rights-of-way for Bond and other infrastructure projects, adding Article VIII - Management of Rights-of-Way to clarify responsibilities for all types of utilities within a public right-of-way, and establishing a penalty. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 49 Streets and Sidewalks is revised to amend Article III Cuts and Excavations to. "ARTICLE III. — CUTS AND EXCAVATIONS Sec. 49-39-2. — Definitions Owner means a person, company, partnership, agency or other public or private entity, ;R. —Rg Gity, who is the owner or will, following the completion of the installation, become the owner of any facility that is installed or is proposed to be installed or maintained in the public way. Right-of-way or public right-of-way or public way means the surface of, and the space above and below, any street, road, highway, freeway, lane, path, trail, drainage way, channel, bridge, tunnel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or other easement now or hereafter held by the city or over which the city exercises any rights of management or control and shall include but not be limited to all easements now held, or hereafter held, by the city but shal1p8^Of�y 8XGlHd8 PFi may. The public right-of-way includes the entire area between the boundary lines of every right-of-way. Sec. 49-43. Removal or relocation of facilities. All peFmi,�++oos owners who place facilities in public right-of-way thereby obligate and bind themselves to move or change the location of facilities whenever required or instructed to do so by the city in order to accommodate the construction, repair, or relocation of city infrastructure facilities in accordance with Article VIII of this chapter and failure to do so shall be unlawful. ,PH the peFm itteesM-Hst ^^+ethe;,r ^ GR&RE?E?-r- „ 1 SECTION 2. City Code of Ordinances, Chapter 49 Streets and Sidewalks is revised to add Article VIII Management of Rights-of-Way to add policies and procedures for certificated telecommunications providers and other private utilities occupying public rights-of-way of the City. "ARTICLE VIII. — MANAGEMENT OF RIGHTS-OF-WAY. Sec. 49-102. — Purpose. The purpose of this article is to manage the public right-of-way, to ensure public health, safety and welfare and to promote the most efficient use of the right-of-way. The Primary purpose of public right-of-way is for public access and the distribution of water, wastewater and stormwater services, and secondarily for private utility uses. Sec. 49-103. — Definitions. As used in this article, the following terms shall have the meanings ascribed in this section: Director means the Director of Engineering Services or designee. Facility means any structure, device or other thing whatsoever that is installed or maintained along, across, in, on, within, over, above or under a public right-of-way. Owner means a person, company, partnership, agency or other public or private entity who owns, controls, manages or occupies any facility that is installed or maintained in the public way. The term Owner includes permitees, licensees, franchisees, certificated telecommunication utilities and other entities utilizing facilities in public rights- of-way. Public right-of-way means the surface of, and the space above and below any street, road, avenue, alley, highway, public thoroughfare, bridge, tunnel, sidewalk, path, trail, channel, drainage ditch, public utility easement or other easement now or hereafter held by the city or over which the city exercises any rights of management or control within the present limits of the city and within said limits as may be extended. The public right- of-way includes the entire area between the boundary lines of every right-of-way. Public works proiect means any construction, reconstruction, improvement, repair or maintenance proiect undertaken by or on behalf of the City, including but not limited to projects included on the City's capital improvement plan regardless of source of funding. Relocate means to move, remove, alter or replace a facility. Sec. 49-104. — Registry of facilities and owners. The Owner of any facility as defined in this article, other than a pipeline that is subject to the provisions of Article VII of this chapter, shall provide to the Director, and thereafter maintain, current (1) contact information indicating the name, address, phone 2 and email of the Owner of the facility and a designated contact person; and (2) information describing and locating any facilities of the Owner in the public right-of-way. If an Owner does not have contact information on file, the Owner shall provide the contact information at the time application is made for an excavation permit pursuant to Article III of this chapter. It shall be unlawful for any Owner to fail to provide or maintain all current information as required by this section. Sec. 49-105. —As-built maps and records The Owner shall maintain accurate maps and other appropriate records of its facilities and equipment as facilities are actually constructed in the Public right-of-way, including the use of Auto CAD/GIS digital format. If requested by Director, Owner shall provide Director with the as-built maps and records within 30 days. Sec. 49-106. — Relocation required. (a) If the city engineer determines that a facility must be relocated for the accomplishment of a public works project, the Owner shall relocate the facility at the Owner's sole expense in accordance with this article. If an Owner's failure to timely relocate a facility causes the city to incur expenses, damages or losses, including loss of grant funds, the Owner shall be responsible for the city's expenses, damages or losses. (b) The city shall not be obligated to design a public works project to avoid facility relocation. (c) Notice provided by the City under this article is not a condition precedent to the city's exercise of its rights and remedies under this article nor to the facility Owner's obligations hereunder. Sec. 49-107. — Planning and design of public works projects. (a) Owners shall review the city's latest adopted capital improvement plan in October of every year to identify potential conflicts and coordination of facility relocations. The capital improvement plan is available on the City website or from the city secretary. (b) During the design of a public works project, the Director will provide notice to the Owner's representative at the email address on file with the City pursuant to section 49-104 of this Code. Owner shall review the design, identify potential conflicts and provide the Director with detailed drawings that accurately depict its facilities to enable the Owner and Director to discuss potential design alternatives that could avoid facility relocation. Failure of an Owner to request design alternatives within 30 business days after Director sends the notice shall waive any objection the Owner may have to the design of the public works project. Sec. 49-108. — Director's final determination and notice. 3 (a) The Director may determine before completion of the final design that a facility requires relocation to accomplish the public works project and will provide notice thereof to the Owner of such facility required to be relocated. The notice will be provided to the Owner's representative at the contact information on file with the city pursuant to section 49-104 of this Code. (b) The Director will give notice to the Owner of the necessity for relocation if the Director discovers after award of a construction contract for a public works project: (1) That a facility located in the public right-of-way requires relocation if it was not previously known to the Director; or (2) That inaccurate information about the location of the facility was provided and relocation is required which was not previously anticipated. (c) Owner may submit a written request to the Director to make design changes to the public works project to avoid the conflict. Owner shall provide additional information if required by the Director. Owner shall pay for the cost of any redesign if the request is approved by the Director. Owner shall Pay any additional costs incurred by City due to delay caused by the redesign. Sec. 49-109. — Relocation schedule. (a) Facilities discovered during planning and design for which notice is provided under Sec. 49-108(a). (1) The Owner shall submit a proposed schedule for relocation of its facility to the Director within 45 days of the date of the notice sent from the Director pursuant to Sec 49-108(a). For good cause, the Director may extend the time for submission or re-submission of a relocation schedule for a time period not to exceed an additional 30 days. (2) The schedule shall provide a period for relocation of no longer than 120 days. However, for good cause shown by Owner and with Director's written approval, Owner may extend the period of time for relocation. Relocation shall commence on the date agreed to by the Director and Owner, but no later than the date of the notice to proceed with construction of the public works project, unless extended by the Director for good cause shown by the Owner. (3) It shall be unlawful for an Owner to fail to provide a relocation schedule to the Director that complies with this ordinance within 45 days of the date of the notice sent from the Director pursuant to Sec 49-108(a). It shall be an affirmative defense that an extension was granted in writing 4 by the Director. City shall be authorized to assess damages for project delay. (b) Facilities discovered after award of a construction contract for which notice is provided under Sec 49-108(b). (1) The Owner shall submit a proposed schedule to the Director within five business days of the date of notice sent from the Director pursuant to Sec 49-108(b) and shall diligently prosecute the relocation of such facility until completed. (2) The schedule shall provide for a period of relocation of no longer than 30 days without Director's written approval, who for good cause shown by the Owner, may extend the period of time for relocation by an additional 30 days. Relocation shall commence 10 business days from the date of Director's notice sent pursuant to section 49-108(b). (3) It shall be unlawful for an Owner to fail to provide a relocation schedule to the Director that complies with this ordinance within five business days of the date of the notice sent from the Director pursuant to Sec 49- 108(b). City shall be authorized to assess damages for project delay. (c) In determining "good cause" as used in this article, the Director may consider such factors, not attributable to any fault or negligence of the Owner, including but not limited to the following: (1) Availability of materials or supplies required for relocation; (2) Any loss or damage to the public or users of the facility to be relocated; (3) Availability of any alternative means of providing to the public or other users the services of the facility to be relocated; or (4) Delays due to inclement weather occurring during the construction period. (d) It shall be unlawful for an Owner to fail to comply with the relocation schedule submitted to the Director pursuant to this section. City shall be authorized to assess damages for project delay. Sec. 49-110. —Abandoned facilities; removal authorized. (a) Owner of a facility located in the public right-of-way shall remove the facility and related equipment when such facility is abandoned as defined in section 49-39-2, regardless of whether it receives notice from the city. Removal must comply with Chapter 49, Article III. If, in the judgment of the Director, 5 removal of underground facilities would cause damage, this requirement may be waived by the Director in writing. (b) Owner must remove all abandoned facilities within the earlier of 90 days of it being abandoned or upon issuance of written notice by the Director. If the facilities are not removed after the 90 day notice to remove, the City may remove the facilities 30 days after notice of a final finding of abandonment. (c) When the Owner of a facility removes or abandons permanent structures in the public right-of-way, the Owner shall notify the Director in writing of such removal and shall file with the Director the location and description of the abandoned facilities. The Director may require the Owner to complete additional remedial measures necessary for public safety, health, welfare and the integrity of the public right-of-way. (d) Director may deem a facility to be abandoned and send notice of a final finding of abandonment to the Owner if: (1) An Owner does not provide a relocation schedule to the Director that complies with this article within 45 days from the date of the Director's notice to the Owner pursuant to subsection 49-108(a) or within five business days from the date of the Director's notice pursuant to subsection 49-108(b), or any extension approved by the Director; (2) An Owner does not comply with the terms of a relocation schedule, and the unfinished relocation of the facility will delay completion of a public works project; (3) An Owner does not relocate facilities as required by this Article; (4) An Owner fails to maintain current registration as required by section 49- 104; or (5) An Owner cannot be found or contacted. (e) Failure of an Owner to comply with this Article shall constitute a waiver by the Owner of any claim for damages against the city, and further constitute authorization for the city to assess damages, including removal costs, expenses or losses for project delay. The Director's certification of the cost of removal of any facility shall constitute prima facie evidence of the reasonableness of the costs chargeable to the Owner." Sec. 49-111 . — Violations. (a) It shall be unlawful for an Owner to: 6 (1) Fail to register a facility or maintain current registration information about such facility as required by this article. (2) Fail to submit a relocation schedule as required by this article. (3) Fail to comply with a relocation schedule as required by this article. (4) Fail to relocate a facility as required by this chapter. (5) Fail to remove abandoned facilities as required by this article. (b) Each day that any violation of this article continues constitutes a separate offense. (c) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than $500 per violation per day. The culpable mental state required by V.T.C.A., Penal Code 6.02 is specifically negated and dispensed with and a violation of this article is a strict liability offense. (d) An individual is criminally responsible for conduct that the individual performs in the name of or on behalf of a corporation, an association, a limited liability company, a partnership or another business entity to the same extent as if the conduct were performed in the individual's own name or behalf. (e) An agent having primary responsibility for the discharge of a duty to act imposed by law on a corporation, an association, a limited liability company or another business entity is criminally responsible for omission to discharge the duty to the same extent as if the duty were imposed by law directly on the agent. (f) If an individual is convicted of conduct constituting an offense performed in the name of or on behalf of a corporation, an association, a limited liability company or another business entity, the individual is subject to the sentence authorized by law for an individual convicted of the offense. (g) Administrative, civil and criminal enforcement are alternative remedies that may be sought independently of each other. Criminal prosecution may occur regardless of pursuit of civil or administrative remedies and vice versa. SECTION 3. City Code of Ordinances, Chapter 55 Utilities is revised as follows to remove Article XIV Telephone Ordinance Agreement. "ARTICLE XIV. — RESERVED. 7 � �r r r 1 1 time, alley, non000a Fy to ovoni ito the �AgerL S G. GG ' . TempeFaFy FT e-yal A-f�eiires- � X FR ayi"p`1`^"" 66FGh RE?R t ORaplvAprziQ T hE? t+CIt GGFRpaRy shall ry -} SeG. G.G. 174 TrGi , alleys, 98G. 55 175. Cash te be paid by the t8l8PhGR8 GernpaRY. already beep rn�ade by er boiled tG G61stemers, and all s6l,r--.h rnelpile.s shall be paid te the , this agree-mept -6-(-54 p'a�yTFRE"RF}.7T-hio TfiTr.Tc} f961F (4) payore"RF}7shall ho MAGIo GR April 15, I,ihi 15, Or-tCe'7beTr 15; 10 Inn�torlyVithin the nnrnnrato limits of fho pity as fnllEp /1TI RGG61FFrFiRg G IaFgp-,-; I GXGha ge access aFFaRgGMGRtG. a. Ri isinoss -b. R bQ a0.P-1 aaG G. G 98M PH blip P-1 Di ihlin annni IncE?FRCttr o Other hi isinoss f Othor rosii-lonno (2) M2ssag8 G larg2sl-G-&al t-QxG lang8 a R.is inoss -b. R 89 S8G 8. A Diihlin annniIRGG GRt. dOther hi isinoss TlT G. Other rosii-lonno (3) P H b l i Gtel8pheRe—Lal f-QX G a Rg8 a Di ihlin sunt paid b• S ip blin cont nand a. Ri isinoss -b. R bQ G 0.P-1 Grca- G Comini ihlin r'1 Diihlin annniIRGE?FIT E?Rt. o Other hi isinoss GT f Othor rosiGIonno paym8Rt alGRg With th8 OGteber 1rF, 1999,rand jaRHary 15, 1991 , partial adya�nno payFRE?Rt.r, -hi-Q GGFRp6itE?d at tWGRty fmVG (25) peF ruept A-f three and eight teRths (3.8) 11 npuym8Rt.s Ther , payment chA-ll be made g arterlyac heroin r�aorl T Tl1 , TGTTr C wT1Tri rcfl ri rr SGG. CC176PaymTeTnTtCo-Tf nCohrcCTnTss'.'dercgr[1'A-nmlTie-H oaf nerrtLaY'.mrp a� Mend s E? of�i��i• in li� of an i vele tv er inonen�n f v• in li of Ansi E?aS end er cr ,�--nrrr �c-vrnTc�cc rrre�� ,T-rmT��-vr-crrr��c��crrc-cr law. ShG6lld thG Gity RGt have the legal peweF te agFee that the payFRE?Rt Gf thE? fGFE?gempg nr fr�nnhice twee SGG. C�v —D DI — G'Gtermrirnrctm.e ThirartRrolechall he in ferne�eeffeer--trm April 15, 491 igh April 14, 1992, te SE?GC.C. 178-. In.-1 UQ FR R ity. FeGPGRG CQGGtiti 179Ale i-9)(G161GOVE? PFOVOIE?gc 12 ovnl,ioiio rriiilorro SG G55 189. 961GGE?GGGFs and a5$f@IR G assigRG- 98G. 55 181 . ---GGV8rnlaw;-li.rnitatips-,. P1 ig an roar. 98ES. 5 F��5 3-18 Secs. 55-170 — 55-189. — Reserved. „ SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of Ordinances. 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: 13 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 14 Corpus Chr sti Engineering Management of Rights-of-Way Code of Ordinances Amending Chapter 49 Council Presentation R April 20, 2021 Background Corpus Chr st Engineering • The City coordinates infrastructure projects with private utility companies. ➢ Distributes plans and specifications during the design phase ➢ Hosts monthly utility coordination meetings to discuss upcoming projects ➢ Spends significant amounts to accurately locate third party utilities so that conflicts can be addressed during design. • Current ordinance requires facility owners to review the City's Capital Improvement Program for future planning purposes. z - - Past UtilityConflicts Corpus cn�i Engineering • The following are examples of encountered project conflicts: ➢ Reconstruction of Ayers Street ➢ Rodd Field Road ➢ Holly Road ➢ Ennis Joslin to Rodd Field ➢ Greenwood to Crosstown Expressway ➢ Park Road 22 Bridge ➢ Slough Road {'� ,� ��- �"��_. �� � �.�,, d r .. Q_ � � �' .. � .� F - — a _;� �'�;`�' --- r _, :. � '� ,a m _,_ .. __'�® __. —__�r I' 1: 0 ,,_�. � . _ _ ,� . a�., ,,� � a.,�.� :� F � -�- .r, .� _I � . -�,. ��� . . �. . � .� �;� f ,. ,.� .�. : . "i: rr.,,,�,, � � .�.,. ,,,,a�, � �, , „� � a� �����IIP � i�> � �, ,.a �, � , . ; �:: �E.�t�. -' . � -. . , � ., ti , . ,, f , . . ,: ;. .� �' Purpose Corpus Chrrssti Engineering • Promote better management of public rights-of-way (ROW). • Establish reasonable expectations and requirements: • Submit a schedule • Relocate facilities within established timeframe • Keep contact information current with City • Establishes penalties • State law requires private utility companies to relocate facilities located in public ROW to accommodate City infrastructure projects. 5 Ordinance Requirements Corpus Chrsti / Engineering I • Notify City Engineer with relocation schedule • During Design Phase: • Within 45 days of City notification of utility conflict • Complete relocation within 120 days of date agreed in schedule • During Construction Phase: • Within 5 days of City notification of utility conflict • Complete relocation within 30 days, unless granted extension for additional 30 days by City Engineer. CJI qlv�) Utility Relocation Costs Corpus Chrstf Engineering • Private utility companies are primarily responsible. • If utility located in easement that existed before the public ROW, City is responsible for relocation costs. • Utility property interest pre-dates City's property interest • City reimburses utility expense after completion • Electric utilities relocate at their own expense to permit widening or straightening of public ROW. • City pays relocation costs not required due to widening or straightening. Penalties & Updates Copus Chr�sti Engineering • Establishes maximum $500 penalty • Per day, every day of failure to comply • Removes Chapter 55, Article XIV - Telephone Ordinance Agreement • Expired in 1992 • City hosted meeting to present ordinance updates in Dec. 2020 • AEP only interested party that presented comments • Minor revisions & final version distributed March 2021 Corpus Christi Engineering Questions? SC ` o� Va. w AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 20, 2021 NCORPOR I Second Reading Ordinance for the City Council Meeting of April 27, 2021 1852 DATE: April 6, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities Kevin N(a)cctexa s.co m (361) 826-1874 Winter Quarter Average for 2021-2022 Wastewater Charges CAPTION: Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances to use the 2020 Winter Quarter Average (calculated from December 2019 — February 2020) for wastewater charges from May 2021 through April 2022. SUMMARY: This amendment to continue using the current Winter Quarter Average from 2020 for wastewater billing is due to Winter Storm Uri impacts on residential customers. BACKGROUND AND FINDINGS: As part of the Water Utility Bill Relief Program for residential customers impacted by the extreme weather during February 2021 , the Wastewater Winter Quarter Average (WQA) for all residential customers will not be recalculated this year. The WQA from 2020 (calculated from December 2019 — February 2020) will continue to be used. This City Council action does not impact the wastewater rate for commercial customers. Due to the extreme winter weather in February 2021 , many water customers experienced higher-than-normal water usage due to water line breaks, faucets dripping, and other weather-related events. This could have led to a much higher WQA for wastewater charges. Customers may request a review of their WQA calculation by the Utilities Business Office on a case-by-case basis if they have objections with their 2020 WQA. Example: 2020 WQA continues to be applied as a Residential Customer's WQA. • 2020 Winter Quarter Average 4,000 gallons May 2020-April 2021 0 2021 Winter Quarter Average 4,000 gallons May 2021-April 2022 PROCUREMENT DETAIL: N/A ALTERNATIVES: Calculate Winter Quarter Average based on three consecutive billing cycles after December 1 , 2020, which will include the higher-than-normal water usage month of February 2021 caused by Winter Storm Uri. FISCAL IMPACT: N/A FUNDING DETAIL: N/A RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 ORDINANCE AMENDING CITY CODE SECTION 55-100 TO CONTINUE USING THE 2020 WINTER QUARTER AVERAGE (CALCULATED FROM DECEMBER 2019— FEBRUARY 2020) FOR WASTEWATER CHARGES FROM MAY 2021 THROUGH APRIL 2022 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 55, Utilities, Article VII, Wastewater Rates, Section 55-100 Schedule is amended to add new subsection (d) regarding use of the 2020 winter quarter average (calculated from December 2019—February 2020) for wastewater charges during May 2021 through April 2022 as follows: Sec. 55-100. -Schedule. (a) The monthly charge to be paid by users of wastewater service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification—Residential Usage Effective 12020 Inside city limits One-family minimum monthly charge(first 2,000 gallons) $ 32.60 I One-family per 1,000 gallons over 2,000 6.69 Inside city limits One-family maximum monthly charge(up to 25,000 gallons) 186.47 Outside city limits One-family minimum monthly charge(first 2,000 gallons) 40.75 One-family per 1,000 gallons over 2,000 14.85 Outside city limits One-family maximum monthly charge(up to 25,000 gallons) 382.30 Effective Classification—Commercial January 1,2020 Inside city limits 2 Commercial minimum monthly charge(first 2,000 gallons) $ 44.75 I Inside city limits Commercial per 1,000 gallons over 2,000 4.79 Outside city limits Commercial minimum monthly charge(first 2,000 gallons) 55.95 Outside city limits Commercial per 1,000 gallons over 2,000 9.59 (b) By May 1, 2020,the amount of water used to compute the monthly bills for wastewater service to one- family residential customers shall be computed on the basis of the "winter quarter average usage"that is calculated pursuant to this subsection and every year thereafter. (1) Definitions. a. Winter quarter averaging wastewater charge period: The period of water and wastewater service during the three (3) preceding winter quarter months of December, January and February. The initial winter quarter averaging wastewater charge period occurs during the months December 2019 through March 2020. b. Winter quarter average usage:The monthly wastewater usage established by the city during the "winter quarter averaging wastewater charge period" based upon the customer's thirty- day average water consumption during that period. c. Interim average usage:The monthly wastewater usage established by the city for individual customers who have not established a "winter quarter average usage". The "interim average" is three thousand (3,000) gallons per month, and is the basis for monthly wastewater charges until a "winter quarter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area:The geographic region served by the city's wastewater system. (2) Winter quarter average criteria. a. The customer must receive wastewater service at one (1) location during the entire winter quarter averaging wastewater charge period in order to establish a "winter average usage". b. "Winter quarter average usage"charges shall apply to one-family residential customers only. c. The following method will be used to calculate the customer's"winter quarter average usage": 1. Add the customer's water consumption during the winter quarter averaging wastewater charge period to determine total winter quarter consumption. 2. Divide total winter quarter consumption amount by twee—(3) the number of days between the reading in December and the latest reading in March to determine the average daily usage. In the event a reading in December does not exist,the most recent prior reading will be utilized. 3 3. Multiply the average daily usage by thirty (30) to determine winter quarter average usage. Such winter quarter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. d. The following method will be used to calculate the customer's monthly wastewater charge: apply the applicable wastewater rates established in subsection (a) to calculate the customer's monthly wastewater charge. The adjusted rate that applies to service on and after May 1 will reflect wastewater usage based on the previous "winter quarter averaging wastewater charge period."A new winter quarter average usage shall be calculated by May 1 annually based upon the amount of water used during the winter quarter averaging wastewater charge period. e. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter quarter average",shall be billed at the"interim average"rate.The"interim average rate"is three thousand (3,000) gallons per month. 2. Customers who are relocating within the service area,who established a"winter quarter average " at their previous address, shall be billed at the "interim average rate" or their "winter quarter average" rate at the previous address, whichever is less. 3. Customers who are relocating within the service area, who have not established a "winter quarter average" at their previous address, shall be billed at the "interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter quarter average charge period, and if the customer can produce proof of repairs, the director of water utilities or the director's designee may adjust the wastewater bill. f. The city will begin in March 2020 to implement winter quarter averaging as soon as the city billing system has been programmed to calculate the wastewater bills utilizing winter quarter average usage. (c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index,two hundred fifty(250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters,the customer shall pay additional abnormal wastewater surcharges as provided in section 55-148. (d) Due to the extreme cold weather event in February 2021,the wastewater winter quarter average usage (WQA)will not be recalculated in 2021. Instead,the amount previously calculated as the WQA in 2020 will be used as the WQA for wastewater service in May 2021 through April 2022. A customer may request a review and adjustment of their WQA calculation on a case-by-case basis if they have objection to use of their 2020 WQA. (Code 1958, § 38-49; Ord. No. 9863, § 1, 7-29-1970; Ord. No. 11612, § 1, 8-8-1973; Ord. No. 12209, § 1, 8-7-1974; Ord. No. 12656, § 1, 6-25-1975; Ord. No. 13860, § 1, 8-3-1977; Ord. No. 15700, § 1, 8-13-1980; Ord. No. 16448, § 1, 8-12-1981; Ord. No. 17156, § I, 7-28-1982; Ord. No. 17763, § 1, 8-3-1983; Ord. No. 18352, § 1, 7-24-1984; Ord. No. 18940, § 1, 7-23-1985; Ord. No. 19403, § 1, 7-29-1986; Ord. No. 20412, § 1, 7-26-1988; Ord. No. 20748, § 1, 8-8-1989; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21440, § 1, 7-21-1992; Ord. No. 21662, § 1, 5-25-1993; Ord. No. 21671, § 1, 6-8-1993; Ord. No. 21814, §§ 1(e), (f), 12-14-1993; Ord. No. 21965, § 1, 6- 14-1994; Ord. No. 22743, § 1, 11-12-1996; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § le, 7-24-2001; Ord. No. 24969, § 6, 7-23-2002; Ord. No. 4 25396, § 6, 7-22-2003; Ord. No. 025866, § 5, 7-27-2004; Ord. No. 026368, § 5, 7-26-2005; Ord. No. 026900, § 5, 7-25-2006; Ord. No. 027355, § 5, 7-24-2007; Ord. No. 027781, § 7, 7-22-2008; Ord. No. 028256, § 5, 7-28-2009; Ord. No. 028690, § 1, 7-20-2010; Ord. No. 029160, § 3, 7-26- 2011; Ord. No. 029917, § 7, 7-30-2013; Ord. No. 030242, § 4(Exh. A), 7-29-2014; Ord. No. 030295, § 5, 9-23-2014; Ord. No. 030605, § 4, 9-8-2015; Ord. No. 031244, § 2, 9-12-2017; Ord. No. 031874, § 1, 9-17-2019; Ord. No. 032093, § 1, 4-21-2020) That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 20217 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 20217 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 �vs cr� �o o N V CORPORI AGENDA MEMORANDUM 1852 City Council Meeting of April 27, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Richard E. Martinez, Director of Public Works Richard M5(a)cctexas.com (361) 826-3419 Update on Amended City Council Policy 28: Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Pavement STAFF PRESENTERS: Name Title/Position Department 1. Richard Martinez Director Public Works ISSUE: City Council Policy 28 outlines the guidelines for awarding arterial and collector street construction contracts using concrete pavement (PCC) or asphalt pavement (HMAC). The policy was amended by City Council on October 27, 2020 and emphasize the evaluation of the geotechnical soil conditions and recommend the removal of the residential streets from this policy. BACKGROUND: For the FY 2021 policy update, Public Works contracted with Roadway Asset Services (RAS) to re-evaluate the life cycle cost analysis between HMAC and PCC pavements. RAS has the required experience for evaluating pavement networks and general performance. Scott Gordon, Principal Engineer and President, has over 30 years of experience in pavement evaluation, including providing similar services for 4 out of the 5 major cities in Texas. This policy update included an emphasis on the evaluation of existing geotechnical soil conditions. Public Works proposed incorporating geotechnical testing in the design phase of the project to determine the plasticity index (PI) of the existing soil. The plasticity index is the size of the range of water contents where the soil exhibits plastic properties. As was indicated in the recommendations from RAS, soils with a PI greater than 30 are characterized as an expansive soil. The expansiveness of clay soils has a major impact on the performance of pavement structures. Pavements on clays soils must be designed with an additional stabilized layer, which should be accounted for in the initial design and capital expenses. Expansive soils also require more frequent maintenance due to the higher percentage of cracking and differential movement anticipated and, in some cases, with different types of maintenance. HMAC pavements will likely require additional mill and overlay activities to correct differential movement and PCC pavements will likely require grinding and additional panel replacements due to the differential movements. To determine an updated life cycle cost analysis, RAS used maintenance actives, assigned costs to the activities, applied discount and inflation rates using a 40- year analysis timeline. The details of this life cycle cost analysis can be found in Attachment A. The results from the RAS cost analysis indicated that the City should not use concrete pavement for arterial and collector streets on soils with a PI greater than 30. If the PI is less than 30, then this policy will be used to determine the selection of asphalt or concrete. Therefore, if the initial construction bid is within $128,000 per lane mile between HMAC and PCC, then PCC should be chosen. If the difference in initial construction bid is greater than $128,000, then HMAC should be chosen. With a minimal differential in price, Public Works recommended utilizing the existing $125,000 per lane mile for construction bids on arterial and collector roadway projects. An additional item recommended for consideration in the selection of pavement surfaces was the adjacent pavement types. In areas of PCC, prioritization will now be given to PCC, similarly on areas with HMAC. For example, if a proposed project is adjacent to an existing PCC section, PCC pavement will be selected for continuity. Additionally, the October 27 policy update validated previous recommendations to eliminate residential streets from the evaluation of PCC. This was due to the general location of utilities in residential areas and lower traffic loads on residential streets. Typically, utilities are in the street. Street cuts needed to repair utility lines would result in costly repairs. At that time and still today, it is not deemed financially advantageous to bid residential streets in PCC. Below is a summary of the recommendations Public Works submitted for City Council's adoption: 1. When the project contains a majority subgrade with a PI greater than 30 or deemed as a moderate to highly expansive soil by the design Geotechnical Engineer, the City should recommend asphalt pavement (HMAC). 2. When the lifetime maintenance cost difference of concrete pavement (PCC) is below $125,000/lane mile, the City should recommend PCC. 3. For residential projects, the City should recommend HMAC. 4. Other criteria to consider is if the adjacent pavement section is PCC, consideration should be given to providing a uniform surface type, at the discretion of the City Public Works staff. Council Policy 28 was amended, and the Resolution adopting the policy is listed below and provided in Attachment B: If the project contains a majority subgrade with a Plasticity Index (PI)greater than 30 or deemed as moderately to highly expansive soil by the design Geotechnical Engineer, the asphalt pavement alternative will be used by City Council when deciding to award a contract for arterial and collector roadways. If the PI is less than 30 and the construction cost for concrete pavement is within$125,000 per lane mile ($17.75/square yard), which should represent the future anticipated maintenance cost, of the asphalt pavement alternative, the concrete pavement alternative will be used by City Council when deciding to award a contract for arterial and collector roadways. This policy will be updated annually. LIST OF SUPPORTING DOCUMENTS: • PowerPoint Presentation • Attachment A - Roadway Asset Services, LLC (RAS) Letter Report • Attachment B - City of Corpus Christi Resolution #032255 Department of Public Works Staff Update on City Council Policy N° 28: Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Council Presentation April 27, 2021 -- Policy Amendments Policy 28 Amended by Council on October 27, 2020: "It the project contains a majority subgrade with a Plasticity Iii ndex (PI) greater than 30 or deemed as moderately to highly expansive soil by the design Geotechnical Engineer, the asphalt pavement alternative will be used by City Council when deciding to award a contract for arterial and collector roadways. "It the PI is less than 30 and the construction cost for concrete pavement is within $125,000 per lane mile ($17.75/square yard), which should represent the future anticipated maintenance cost, of the asphalt pavement alternative, the concrete pavement alternative will be used by City Council when deciding to award a contract for arterial and collector roadways. This policy will be updated annually." z Background � Council Policy 28 Amended by Council on October 27, 2020: • Amended policy now considers an additional variable in the project application type decision matrix 4 Project site's Plasticity Index (PI), a geotechnical soil characteristic, must be evaluated by laboratory prior to RFB release, contractor bidding, and Council award • Expansive soils (i.e. clay) - High PI (30+) 4 Subgrade swells with increased rainfall, shrinks with decreased rainfall • Non-Expansive Soils - Low PI (<_ 30) 4 More stable sub-grade, less movement over life Analysis Roadway Asset Services, LLC (RAS) performed Lifecyle Cost Analysis (LCCA) Analysis considered lifetime maintenance activities and their costs and applied discount and inflation rates to determine Present Worth Value (PWV) 40-year analysis timeline to establish baseline comparison Lifecyle Cost Analysis Resulted in 4 Key Conclusions: 1. Project's subgrade's PI is > 30 (clay), Asphalt Pavement prevails 2. If Concrete's lifetime maintenance cost is within $125,000 per lane mile of Asphalt's lifetime maintenance cost, Concrete Pavement prevails 3. Residential streets always recommended Asphalt Pavement 4. If adjacent section is concrete, Concrete Pavement recommended for continuity W. Non-Expansive Soils Concrete Pavement on Arterials Asphalt Pavement on Arterials R9 79 70,..,., a9 Ill 69 60 0 lona -Seal x] -Sral l&G:Rl �\\ 10 Patel ace FI �\ 39 -MilllCiL dl 30 .--5.'11&c R1 -Seal J2 -panel Replace p2, 20 -Crack 5.a a1 10 -WHIOL 42 -seal r3 -Panel Nepl ace n i 0 O 0 5 111 L 25 35 40 45 50 D 5 19 15 20 25 30 35 4p WorthPresent Application (Subgrade Soil) $/lane mile) Difference Concrete Arterial (Non-Expansive) $472,190 Asphalt Arterial (Non-Expansive) $600,698 $128,509 5 Non-Expansive Soils Soil Characteristics • Sandy, allows for more drainage • No shrinkage or swell Repairs (Outside of Normal Maintenance Cycles) • Concrete Pavement: Cracks • Repairs involve crack and joint sealing • Estimated repair duration is 0.5 days • Asphalt Pavement: Pavement Failures • Repair of base and pavement with a mill & overlay • Estimated repair duration is 1 - 2 days Expansive (Clay) Soils Concrete Pavement on Arterials Asphalt Pavement on Arterials 100 90 90 90 70 20 Ow- " 60 60 -Original Original -Seal Al 50 " 50 -Seall&C:AI -frac}Seal tl1 d0 Panel ReoWCe IIl ' 40 -Mill/OL pl -Seal pl 30 -SQall&C A2 30 -Panel ReVlace A2 -Cra<A Seal tl2 20 -Mdl/OL p2 20 ®d2P10n4 C✓d -Seal a3 10 -Panel Replace 93 10 -Crack Seal p 3 -Seal1&[A3 0 0 0 5 10 15 20 25 30 35 40 45 50 0 5 10 11 10 25 30 35 40 AS 50 WorthPresent Application • • Soil) Concrete Arterial (Expansive) $605,055 Asphalt Arterial (Expansive) $623,099 $18,046 Expansive (Clay) Soils Soil Characteristics 4 Moderate to high swell potential Repairs (Outside of Normal Maint. Cycle) ---- + • Concrete: Panel lift of several inches 4 • Repairs involve panel .��> replacements - r • Estimated repair duration is 7 days • Asphalt: Pavement Failures • Repair of street base and pavement with a mill & overlay • Estimated repair duration is 1 - 2 days City of Corpus Christi Soil Types r i Legend Soil Types Clay Loam Clay Loam Fine Sandy Loam N Fine Sand ------ 0 1.75 3.5 7 10.5 14 Misc.Urban and Unused I Miles Additional Conclusions Residential Streets Recapitalization costs not financially beneficial Lower traffic loads do not warrant concrete pavement structure Higher cost for utility cut repairs over life of asset Reconstruction difficult in residential areas Asphalt Pavement rWHAT'S UNDER recommended YOUR STREET? Pavement Continuity If project is adjacent to an - existing concrete section, Concrete Pavement recommended 10 I tvFinal Recommendti@aons 1. Geotechnical Soil Conditions When Plasticity Index (PI) of subgrade is >30, Asphalt Pavement recommended 2. Cost Differential Minimal to Existing Recommendation When the lifetime maintenance cost difference of concrete is below $125,000/lane mile, Concrete Pavement recommended Final Recommendations � 3. Residential Streets Due to under ground utilities and light-moderate usage, Asphalt Pavement recommended 4. Pavement Continuity If project is adjacent to an existing concrete pavement section, Concrete Pavement recommended 10 Department of Public Works Questions? RA0415 Attachment A 4; Roadway Asset Services October 14, 2020 ''� x Richard Martinez Director ' Department of Public Works City of Corpus Christi J 2525 Hygia Street t' Corpus Christi,TX 78469-9277 t Dear Mr. Martinez: + s' 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. X 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 r • 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. X z' Roadway Asset Services, LLC 7913 Turnback Ledge Trail Lago Vista,TX 78645 214-789-9941 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(subjectto 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." liecislon Criterid upciatet, 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 2 `'�� ----------------- 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($/IaneMile) 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 $563,200 3 ER zz *Use Total Project Bid for PCC including all Utilities Table 2- HMAC Arterials HMAC Life Cycle Cost Activities Year Cost($/SY) Cost($/IaneMile) 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($/IaneMile) 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($/IaneMile) 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 $316,800 4 _— *Use Total Project Bid for HMAC including all utilities Table 5- PCC Residentials PCC Life Cycle Cost Activities Year Cost($/SY) Cost($/IaneMile) 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($/IaneMile) 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($/IaneMile) 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 $563,200 *Use Total Project Bid for PCC including all Utilities 5 Table 8- HMAC Residentials with Expansive Soils HMAC Life Cycle Cost Activities Year Cost($/SY) Cost($/IaneMile) 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 6 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. Agency and User Costs $700,000 $600,000 $500,000 > $400,000 — N $300,000 - d $200,000 — 5100,000 - $0 Alternative 1:PCC Artenals Alternative 2:HMAC Arterials Alternative 3:PCC Arterials(Exp) Alternative 4:HMAC Arterials (Exp) Alternative ■PV Agency ■PV User 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 7 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. D Respectfully submitted, `� P��OF , Zle) 5• *'!,� Ca.SCOT GORpON ' 88099 IQ G. cot Gordon, PE, IAM ': President �ss'(NAL Roadway Asset Services, LLC(Tx PSI,irnr `�22104) 8 Appendix A - Deterioration Models 100 90 ._._._._.__ 80 70 .--------------------------------------- ....................................... 60 .......................... .... 50 —Original ......... ......... Seal AC#1 40 _ --------------------- —Panel Replace#1 30 =SealAC#2 20 --- ---- Panel Replace#2 —Seal AC#3 10 �. —Panel Replace 43 0 ---- ---- 0 5 10 15 20 25 30 35 40 45 50 Figure A-1-PCC Arterials 100 90 80 70 - 60 _ SO —Original —Seal#1 40 —Crack Seal#1 30 —Mill/OL#1 —Seal#2 20 —Crack Seal#2 10 —Mill/OL#2 —Seal#3 0 0 5 10 15 20 25 30 35 40 45 50 Figure A-2-HMAC Arterials 9 100 90 80 f - 70 60 50 Original —Seal J&C#1 40 Panel Replace#1 —Seal AC#2 30 ............ —Panel Replace#2 20 - Diamond Grd 10 —Panel Replace#3 —Seal AC#3 0 0 5 10 15 20 25 30 35 40 45 50 Figure A-3-PCCArterials with Expansive Soils 100 90 ......... 80 70 60 Originat —Seal#1 SO —Crack Seal#1 40 —Mill/OL#1 —Seal#2 30 —Crack Seal#2 20 —Mill/OL#2 —Seal#3 10 — —Crack Seal#3 0 5 10 15 20 25 30 35 40 45 50 Figure A-4-HMAC Arterials with Expansive Soils 10 100 90 80 70 60 50 -Original ........................... ..... -Seal J&C#1 40 -Seal J&C#2 30 -Panel Replace#1 ..................................... .. -Seal 1&C#3 20 -Panel Replace#2 10 0 0 5 10 15 20 25 30 35 40 45 50 Figure A-5-PCC Residentials 100 90 80 70 60 50 40 -Original 30 -HA5#1 -Crack Seal#1 20 -Mil I/OL#1 10 =HAS#2 -Crack Seal#2 0 0 5 10 15 20 25 30 35 40 45 50 Figure A-6-HMAC Residentials 11 100 90 80 70 ...........4................................. 60 50 -Original -Seal J&C#1 40 -SealJ&C#2 30 -Panel Replace#1 ......... ......... 20 -Panel Replace#2 ------_,.._-_-_ 0 0 5 10 15 20 2S 30 35 40 45 50 Figure A-7-PCC Residentials with Expansive Soils 100 i 90 80 70 60 SO 40 -Original 30 -HA5#1 -Crack Seal#1 20 -Mill/OL#1 10 -HAS#2 0 I -Crack Seal#2 0 5 10 15 20 25 30 35 40 4S 50 Figure A-8-HMAC Residentials with Expansive Soils 12 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 Life Cycle Cost Analysis Fig.B-1 13 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 Life Cycle Cost Analysis Fig.B-2 14 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 Re $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 UNITCOSTS 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 Life Cycle Cost Analysis Fig.B-3 15 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 Life Cycle Cost Analysis Fig.B-4 16 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 Life Cycle Cost Analysis Fig.B-5 17 fes_ 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 Life Cycle Cost Analysis Fig.B-6 18 fes_ 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 Re $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 Life Cycle Cost Analysis Fig.B-7 19 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 Life Cycle Cost Analysis Fig.B-8 20 fes_ Attachment B Resolution amending City Council Policy 28 that outlines the guidelines for awarding arterial and collector street construction contracts using concrete pavement or asphalt pavement WHEREAS, Council Policy 28 specifies that the policy will be updated annually; WHEREAS, forthe FY 2021 policy update, Public Works contracted with Roadway Asset Services (RAS) to re-evaluate the life cycle cost analysis between Asphalt (HMAC) and Concrete (PCC) pavements; WHEREAS, the FY 2021 policy update includes an emphasis on the evaluation of existing geotechnical soil conditions, specifically the plasticity index (PI) of the existing soil; WHEREAS, soils with a PI greater than 30 are characterized as expansive soil that will have a major impact on the performance of pavement structures and require more frequent maintenance due to a higher percentage of cracking and differential movement; WHEREAS, HMAC pavements will require additional mill and overlay activities to correct differential movement and PCC pavements will require grinding and additional panel replacements due to differential movement WHEREAS, to determine an updated life cycle cost analysis, RAS used maintenance activities, assigned costs to the activities, applied discount and inflation rates using a 40-year analysis timeline. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Council Policy 28 is amended as follows: 28.—Award Guidelines for Arterial and Collector Streets with Concrete Pavement or Asphalt Pavement If the project contains a majority subgradewith a PI greater than 30 ordeemed as moderate to highly expansive soil by the design Geotechnical Engineer, the asphalt pavement alternative will be used by City Council when deciding to award a contract for arterial and collector roadways. If the PI is less than 30 and+f the construction cost for concrete pavement is within $125,000 per lane mile ($17.75/square yard), which should represent the future anticipated maintenance cost, of the asphalt pavement alternative, the concrete pavement alternative will be used by City Council when deciding to award a contract for arterial and collector roadways. This policy will be updated annually. 1 032255 SCANNED ATTEST: THE CITY OF CORPUS CHRISTI Lto�IeLk— �" yi't C-��� Rebecca Huerta Jo Comb City Secretary Ma or Corpus Christi, Texas 91.11M of I v � 2020 The above resolution was passed by the following vote: Joe McComb Roland Barrera Paulette Guajardo Gil Hernandez �— Michael Hunter ° `� Ben Molina Everett Roy Greg Smith g_L_ 2