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HomeMy WebLinkAboutAgenda Packet City Council - 01/23/2018 Cit of Cor us Christi 1201 Leopard Street o� `uCorpus Christi,TX 78401 f r , cctexas.com ' ' Meeting Agenda - Final ap'141YgV'xi;V City Council Tuesday,January 23,2018 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habr6 un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. 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. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Dan Grimsbo, Executive Director of Water Utilities. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0125 Commendation for Corpus Christi Crime Stoppers - In Recognition of receipt of the Texas Crime Stoppers 2016 Productivity Award. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. ELEVATED STORAGE TANK UPDATES b. OTHER City of Corpus Christi Page 1 Printed on 1/22/2018 City Council Meeting Agenda-Final January 23,2018 G. MINUTES: 2. 18-0147 Regular Meeting of January 16, 2018 Attachments: Minutes-January 16, 2018 H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed, may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance,or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. City of Corpus Christi Page 2 Printed on 1/22/2018 City Council Meeting Agenda-Final January 23,2018 K. CONSENT AGENDA: (ITEMS 3 - 10) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 18-0019 Professional Services Contract for Parks Master Plan Update Motion authorizing the City Manager, or designee, to execute a professional services contract with Freese and Nichols of Corpus Christi, Texas in the amount of$72,555 for the Parks Master Plan Update. Attachments: Agenda Memo - Parks Master Plant Update Project Budget- Parks Master Plan Update.xlsx Location map- Parks Master PLan.pdf Contract- Parks Master Plan FNI signed w 1295.pdf Presentation- Parks Master Plan Update 4. 18-0011 Construction Contract for Yorktown Boulevard from Lake Travis Drive to Everhart Road (Bond 2014, Proposition 1) (Council Priority - Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting LP dba Bay, Ltd, of Corpus Christi, Texas in the amount of$2,028,791.86 for Yorktown Boulevard from Lake Travis Drive to Everhart Road for the Base Bid. (Bond 2014 Proposition 1) Attachments: Agenda Memo-Yorktown from Lake Travis to Everhart Project Budget-Yorktown from Lake Travis to Everhart Location Map-Yorktown from Lake Travis to Everhart Presentation-Yorktown from Lake Travis to Everhart Recommendation Letter-Yorktown from Lake Travis to Everhart 5. 17-1566 Construction Contract for Staples Street from Kostoryz Road to Brawner Parkway (Bond 2012, Proposition 1) (Council Priority - Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc., of Houston, Texas in the amount of$10,715,524.30 for Staples Street from Kostoryz Road to Brawner Parkway for Base Bid 1 (PCC). (Bond 2012 Proposition 1) Attachments: Aqenda Memo-_Staples from Kostoryz to Brawner City of Corpus Christi Page 3 Printed on 1/22/2018 City Council Meeting Agenda'Final January 23,3O10 Presentation-Staples from Kostoryz to Brawne 6. 17-157y4 Contract Amendment No. 2 for Allison Wastewater Treatment Plant Lift Station and Plant Improvements (Capital Improvement Plan) Motion authorizing the City Manager, ordesignee, toexecute Amendment No. 2 to a professional services contract with Urban Engineering. of Corpus Christi, Texas inthe amount of$O18.9O2. for atotal restated fee of $912,522, for Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements for design, bid, and construction phase services. (Capital Improvement Program - C|P) Attachments: Agenda Mem -Allison WWTP Presentation-Allison WWTP Contract-Allison WVVTP 7. 17-1569 Construction Contract for LaYfo||a Creek Drainage Channel Excavation, Phase 1 (Capital Improvement Program) Motion authorizing the City Manager, ordesignee, toexecute a construction contract with Haas Anderson Construction of Corpus Christi, Texas inthe amount of$1.25O.389for the LaVo||aCreek Drainage Channel Exoavadon, Phase 1 project (Capital Improvement Program). Attachments: Agenda-Memo- La Voila Creek Presentation- La Voila Creek Letter of Recommendation- La Voila Creek Form 1295-La Voila Creek- HAC 8. 17-i553 Supply Agreement for Brass Fittings for the Water Department (Council Priority -\MatmM Motion authorizing the City Manager ordesignee toexecute asupply agreement with Ferguson Enterprises, Inc. of Corpus Chriad. Texas for Brass Fittings for the Water Department in accordance with Request for Bid (RFB) No. 1362. based on the lowest reaponaive, responsible bid fora total amount not toexceed $144.149.15. with $32.O33.00budgeted in F`y2O17-18. The term ofthis agreement iafor 3O months. Attachments: Agenda Memo- Brass Fittings City v,Corpus oouoo Page Printed vn/12uzmo City Council Meeting Agenda-Final January 23,2018 Bid Tabulation- Brass Fittings Supply Agreement- Brass Fittings 9. 18-0017 Service Agreement for Debris Removal for one year not-to-exceed amount of$279,510, with two additional one-year options for a potential multi-year amount up to $838,530 Motion authorizing the City Manager or designee to execute a service agreement with CrowderGulf, LLC of Theodore, Alabama for Debris Removal for the City of Corpus Christi in accordance with Request for Bid (RFB) No. 1372, based on the lowest responsive, responsible bid for a total amount not-to-exceed $279,510, budgeted in FY2017-18; the term of this agreement is for one year with option to extend for up to two additional one-year periods, by mutual agreement, with a total potential multi-year amount of up to $838,530. Attachments: Agenda Memo- Debris Removal Services Bid Tabulation- Debris Removal Services Service Agreement- Debris Removal Services 10. 18-0051 Resolution creating the Corpus Christi B Corporation and adopting a Certificate of Formation (Council Priority -Economic Development) Resolution finding that it is advisable that the Corpus Christi B Corporation be created as a Type B Corporation under the Development Corporation Act of 1979 and governed by chapters 501 and 505 of the Texas Local Government Code, approving Certificate Of Formation for the corporation, and specifying the public purposes which the corporation may further on behalf of the City of Corpus Christi. Attachments: Agenda Memo-Type B Certificate of Formation Resolution -Creating Type B and Approving Certificate of Formation Certificate of Formation-Corpus Christi Type B Corporation Presentation-Type B Certificate of Formation L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEM 11) 11. 18-0115 Public Hearing and First Reading Ordinance -Rezoning property located at 901 Airline Road Case No. 0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon, Jr.: A change of zoning from the "ON" Neighborhood City of Corpus Christi Page 5 Printed on 1/22/2018 City Council Meeting Agenda-Final January 23,2018 Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property is described as being Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street. Planning Commission and Staff Recommendation (November 15, 2017): Denial of the change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP)with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to the property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0717-01 Alrich Enterprises, DBA Richard Sanchez Motors& BE Ordinance 0717-01 Special Permit Alrich Enterprises with Exhibit Ordinance 0717-01 Alrich Enterprises with Exhibit Presentation 0717-01 Alrich Enterprises, DBA Richard Sanchez Motors& Ben Zoning Report 0717-01 Alrich Enterprises Inc, Richard Sanchez Motors with E; N. REGULAR AGENDA: (ITEMS 12 - 15) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 12. 17-1478 Second Reading Ordinance -Amending the Code of Ordinances to Allow a Third-Party Inspection Reporting System (Council Priority - Water) (1st Reading 1/9/18) Ordinance amending Corpus Christi Code of Ordinances, Sections 14-281 & 14-291 authorizing third-party inspection reporting system for backflow preventers; authorizing the execution of a one year agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system, with the option to renew annually with City Council approval; and providing for penalties and publication. Attachments: Agenda Memo Brycer LLC Revised Ord with Contract City of Corpus Christi Page 6 Printed on 1/22/2018 City Council Meeting Agenda'Final January 23,3O10 1295 Notarized Signed 13' 1[7-14K56 Second Reading Ondinanoe -Cnmating Restrictions for Barge Dock Parking MstReading 12/12/17\ Ordinance adding Chapter 53, Section 178 "Barge Dock Parking" bzthe Corpus Christi Code ofOrdinances bzprohibit parking atbarge dock from 10:00 p.m. to O:OO a.m.; and providing an effective date, for severance, for penalty and for publication. Attachments: Agenda Memo- Barge Dock estriction Ordinance Ordinance- Barge Dock Parking estricitons 2017 Presentation- Barge Dock Parking Restrictions 14. 17-i507' Resolution authorizing payment ofFinal Claim Settlement for Oso Golf Course Cart Barn Resolution authorizing payment to Foresight Corpus Christi Golf LLC for final claim settlement of$4,372.00 in replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016. Attachments: Agenda Mern -Oso Golf Course Final Claim Settlement Resolution -Oso Golf Course Claim Settlement QtK of Cor2us Invoice#574908 Affidavit by Dickso Builders Inc StaMDgd Enqineennq Plans-Oso Golf Course Cart Barn Oso Golf Course Cart Barn-TeMp Cert of OccuLancy 15' 1R8-01.C2 Ondinanoe -AmmendingtheCapitm| |mmpnovemmentPnognmmmBudgetto addCef(? Va|enzue|a Landfill 3CExpansion and appropriating funds for the same Ordinance amending the F`y2O18 Capital Improvement Program Budget adopted byOrdinance No. O31249toadd Project#E17118Cef6 Va|enzue|a Landfill Sector 3C Disposal Cell Expansion; increasing expenditures in the amount of$823,251; and authorizing the City Manager, or designee, to execute a Professional Services contract with Hanson Professional Services ofCorpus Christi, Texas inthe amount of$823.251 for the Cef6Va|enzue|a Landfill Sector 3C Disposal Cell Expansion for design, bid and construction phase services; and declaring anemergency. Attachments: Agencla-Merno-CV LF Sector 3C Ordinance-CV LF Sector 3C Project Budget- V LF Sector 3C. Location Map-Q LF Sector 3C Presentation- Reguest for Bond ale Contract-CV LF Sector 3C City v,Corpus oouoo Page Printed vn/12uzmo City Council Meeting Agenda'Final January 23,3O10 _ FIRST READING ORDINANCES: (ITEMS 16 -22) 16' 1R8-0046� First Reading Ondinanoe -Aooepting and appropriating a donation for the Corpus Christi Smoke Alarm Program Ordinance authorizing the City Manager ordesignee bzaccept adonation from VVa|nnartinthe amount of$1.00Otobeused bzsupport the Corpus Christi Smoke Alarm Program; and appropriating $1.000 from VVa|nnart into the Fire Grant Fund No. 1062. Attachments: Agenda Mem -Walmart donation Ordinance-Walmart donation 17. 1R8-{X}50 First Reading Ondinanoe -Aooepting and appropriating the 2017 Helping Heroes Grant Program funds Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of$10,000.00 to be used to purchase a Hazardous Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062 . Attachments: A2enda Memo-_Helpin_q Heroes Koch Ordinance- Helping Heroes Koch 18. 17-i520 First Reading Ondinanoe -AmmendingCityCode of Ordinances, Revising the City's Drought Contingency Plan (Council Priority - Water) Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55. Article}(|| Water Resource Management, regarding water resource management including drought restrictions, providing aneffective date ofFebruary 1. 2O18; and providing for penalties. Attachments: Agenda Memo- Drought Contingency Plan 1 Ordinance- Drought Confinqenc Plan Chan e ARTICLE X11 WATER RP 201_8 Drought Conti nge ncy_Pla n_ 111517withmarkups 19' 1D8-{X}16 First Reading Ordinance -Construction Contract for Mary Rhodes Pipeline Protection Upgrade (Capital Improvement Program) (Council Priority -\MatmM Ordinance rejecting the apparent low bid of Down South Field Services, Inc. aanon-responsive and authorizing the City Manager toexecute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of$525,732.63 for City v,Corpus oouoo Page Printed vn/12uzmo City Council Meeting Agenda'Final January 23,3O10 the Mary Rhodes Pipeline Cathodic Protection Upgrades. Attachments: Ordinance-Alternate Low Bidder Mary Rhodes Pipe Cahtodic rotection Project Budget- MR Pipeline Location Map- MR Pipeline Letter of Recommendation- MR 20. 1R8-01.U8 First Reading Ondinanoe - Lease Agreement for the 2018 Fiesta De La F|orEvent(Council Priority - Economic Development) Ordinance authorizing the City Manager ordesignee toexecute alease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2O18 Fiesta de |a F|orevent and related activities to be held onApril 13. 2O18and April 14. 2O18. and allow use ofstreets bounded by Power Street, N. Water Street, Reaaoa Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Reaaoa Street and Power Street. Attachments: Agenda-Memo- Fiesta de la Flor 2018 Ordinance- Fiesta de la Flor 2018 Leaat.,���-Fiesta de la Flor 2018 21. 17-i4<91 First Reading Ondinanoe -ConstruotionContnmotforthe Dr. Hector P. Garcia Park Hike and Bike Trail (Bond 2012) Ordinance appropriating $2O4.00Oofanticipated revenue from the Texas Department of Transportation in Fund No. 3280 for the Or. Hector P. Garcia Park Hike and Bike Trail; changing the F`y2O18 Capital Improvement Program Budget adopted by Ordinance No. 031249 to increase revenues and expenditures by $2O4.00O; and authorizing the City Manager, ordesignee, toexecute aconstruction contract with Mako Contracting, LLC.. ofCorpus Christi, Texas inthe amount of$3O5.1OO.00 for the Or. Hector P. Garcia Park Hike and Bike Trail project for the base bid. (Bond 2O12) Attachments: Agenda Mem - Hector P. Garcia Park Hike and Bike Trail Ordinance- Dr Hector P. Garcia Park Project Budget- r. Hector P. Garcia Hike & Bike Trail Logaj[g��. Hector P. Garcia Park Hike & Presentation- Dr. Hector P. Garcia Hike Hike & Letter of Recommendation- Dr. Hector P. Garcia Park Hike & BikeTrail.pdf 22' 1[7-1K573� First Reading Ondinanoe -AmmendingCityCodetonmf|eotthe increase ofemployee's contribution toward dependent premiums City v,Corpus oouoo Page Printed vn/12uzmo City Council Meeting Agenda'Final January 23,3O10 Ordinance amending Chapter 39ofthe Corpus Christi Code of Ordinances to revise Article |||. - EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM; providing for severance, pub|ioadon, penalty, and aneffective date. Attachments: Agenda Memo-Amending Ch 39 ot Change City share to 2 % Ordinance-Amending Chapter 9QodetoReviseArt111 P. FUTURE AGENDA ITEMS: (ITEMS 23 -25) The following items are for Council's informational purposes only. Noaction will botaken and nopublic comment will bosolicited. 23' 1R8-{X}86 Purchase of Five Utility Terrain Vehicles for Beach Operations Motion authorizing the City Manager, ordesignee, topurchase five Kubota RTV-X9OOG+Autility terrain vehicles for beach operations from Ewald Kubota. of Corpus Chriad. Texaa, based on Request for Bids No. 272 based on the lowest reaponaive, responsible bid for an amount of$80,585. Attachments: Agenda Memo- Utility Terrai Vehicles for B Bid Tabulation- Ut Lhty Terrain Vehicles for Beach Ops 24. 1R8-{X}82 Construction Contract for Police Vehicle Impound Yard and Garage Phase 2 (Bond 2O12, Proposition 7) Motion authorizing the City Manager, ordesignee, toexecute a construction contract with Baroonn Construction, Inc., of Corpus Chriad. Texas inthe amount of$779.279.78for the Police Vehicle Impound Yard and Garage Phase 2 (Rebid) project forthebaaebidandaddidve alternate one. (Bond 2012, Proposition 7) Attachments: Agenda-Memo- Police Vehide_1mpound_Yard__&__Garage ProjeectBudget_-Police Vehicle 1mpound_Yard_&_Garage.x1sx Location__Map_-_Police Vehicle 1mpound__Yard__&__Garage.pd 25' 1D8-{X}09 Resolution Directing Use of$3.4 Million Dedicated to Residential Streets (Council Priority -Stnmets) Resolution directing the City Manager tospend $3.4OO.00Ofor residential street reconstruction in accordance with Option No. 3 discussed at the December 19. 2O17City Council Meeting. Attachments: Agendamemo-Resolution on use of$3.4M.docx Resolution -use of Residential Street Funds FY2018.docx City v,Corpus oouoo Page 10 Printed vn/12uzmo City Council Meeting Agenda-Final January 23,2018 Presentation- Use of 53AM Lqiyen12-19-17Lpptx 030938 RES -08302016(Resolution re Test Pr Q. BRIEFINGS: (ITEMS 26 -30) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 26. 18-0124 Nueces County Appraisal District (NCAD) Presentation Attachments: Agenda Memo MCAD Presentation 27. 18-0039 Corpus Christi Fire Department Staffing Update Attachments: Agenda Memo- Fire Staffing Update Presentation- Fire 28. 17-1558 Preserving the Birth and Death Records of the City of Corpus Christi Attachments: Agenda Memo(CCNCPHD V.R. 12-19-2017 Presentation to CoundhQ-12-11-21 Presentation-Preserving the_Birth Death Records of the CCCP-1-12-201.8- 29. 18-0107 Municipal Solid Waste (MSW) Charge Update Attachments: Agenda Mem - MSW Presentation- MSW Charge update 30. 18-0099 Bayfront Master Plan Attachments: Agenda Memo- Bayfront Master Plan Bayfront Master Plan CC Briefing 1.23.18 DM 1.12.18 R. EXECUTIVE SESSION: (ITEMS 31 -34) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 31. 18-0064 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's professional service management agreement for the Corpus Christi Museum of City of Corpus Christi Page 11 Printed on 112212018 City Council Meeting Agenda-Final January 23,2018 Science and History and potential claims related to repairs to said museum. 32. 18-0053 Executive Session pursuant to Section 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 natural gas utility system. 33. 18-0130 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 municipal solid waste system service charge, Section 21-47 et seq. of the Corpus Christi Code of Ordinances, state, federal, and local regulation of solid waste disposal and transportation, and federal and state constitutional provisions related to flow control, land development, and municipal charges and fees. 34. 18-0144 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 water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, and potential creation of entities that could provide or assist in the provision of the aforementioned services, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said business prospect(s). S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. T. ADJOURNMENT City of Corpus Christi Page 12 Printed on 1/22/2018 w 1201 Leopard Street City of Corpus Christi td� � Corpus Christi,TX 78401 �I b, 4 cctexas.com Meeting Minutes City Council Tuesday,January 16,2018 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Pastor Adam Carrington, Brooks AME Worship Center. Pastor Adam Carrington gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Mike Markle, Chief of Police. Chief of Police Mike Markle led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called to 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 Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring January 17, 2018, "Dr. Hector P. Garcia's 104th Birthday Celebration Day". Commendation for Milton Corbin - In Honor of his Service to his Country on his 97th Birthday. Commendation for Pedro C. Ramirez - Honoring Him for His Service to His Country & the City of Corpus Christi Upon His 97th Birthday. Presentation donating to "Mayor's Hurricane Harvey Fund" by St. James Syrian Orthodox Church of Corpus Christi, on behalf of the Archdiocese of the Syrian Orthodox Church of North America. Mayor McComb presented a proclamation and commendations and accepted a donation to the"Mayor's Hurricane Harvey Fund". J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and referred to comments from the audience. Bobby Petty, U.S.Small Business Administration, provided an update on the amount of loans approved to assist small businesses, homeowners,and renters in the area impacted by Hurricane Harvey. Rick Milby,4412 High Ridge Drive, requested that the City Council place an item on a future agenda granting an exemption or variance of permit fees for a cross structure.Shirley Thornton, 1917 Woodcrest,spoke on behalf of the Flour Bluff Citizens Council and thanked the council members who attended the town hall meeting on Monday,January 15,2018 and City Manager Rose and staff for being well-prepared to respond to questions.Martin Flores, 1909 Tawakoni Street,spoke regarding Agenda Item 19,rezoning of property located at 8154 and 8128 Leopard,supporting the zoning change subject to the conditions that were agreed upon to satisfy the concerns of the neighborhood and raised concerns about noises coming from the business earlier that morning. I. EXPLANATION OF COUNCIL ACTION: City of Corpus Christi Page 2 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose announced that she was postponing the elevated storage tank update to allow Fire Chief Robert Rocha to provide an update on the weather. a. ELEVATED STORAGE TANKS UPDATE This update was postponed. b. OTHER Fire Chief Robert Rocha provided an update on what to expect with today's weather.The City is currently under a winter advisory.The current temperature is 32 degrees.The City will experience freezing rain, if precipitation falls,and anticipated high winds today until 4:00 p.m.Texas Department of Transportation has treated all roadways with brine. Barricades have been pre-positioned to allow Fire and Police Department personnel to close roadways immediately if needed.The Emergency Operations Center (EOC)has been activated since 10:00 a.m.this morning and is working closing with the National Weather Service to provide the most updated information. Ice is anticipated and is going to affect elevated surfaces and overpasses, including the Harbor Bridge.Cold winter winds are anticipated at 35 to 40 miles an hour.The City will experience a hard freeze tonight between 20 and 30 degrees with possible black ice and slick roads. The homeless plan has been activated to transport homeless individuals to shelters. Trees and power lines may be impacted and the City will be working with AEP. There will be dangerous conditions tonight. Temperatures should raise back up over 32 degrees between 10:00 a.m.and 11:00 a.m.tomorrow. City Manager Rose announced that due to the impending winter weather,the City of Corpus Christi will close most city offices including City Hall, Public Libraries and Municipal Court at 2:00 p.m. Latchkey has been cancelled today and is working with area school districts on closures.All trials and hearing schedule at Municipal Court will be rescheduled.The EOC has been activated and many departments includings Streets and Utilities remain in operation to address issues as needed through the winter weather advisory.The Customer Call Center will maintain normal hours from 7:00 a.m.to 7:00 p.m.and transition to emergency utility calls overnight.The City will delay opening most operations tomorrow,including City Hall,until 11: 00 a.m.This will include a delay of Solid Waste pickup beginning at 11:00 a.m. Mayor McComb announced that the City Council agenda for today's meeting has been abbreviated due to a winter weather advisory. The following items of business will be conducted: Minutes; Consent Agenda Items 4-17; Public Hearing Item 18; Regular Agenda Item 19;and Executive Session Item 44.All other items will be rescheduled to January 23,2018. G. MINUTES: 2. Regular Meeting of January 9, 2018. City of Corpus Christi Page 3 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 Mayor McComb referred to approval of the minutes. Council Member Vaughn made a motion to approve the minutes,seconded by Council Member Hunter and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: 3. Ad Hoc Nominating Committee -City Auditor Selection Process Mayor McComb referred to Item 3. City Secretary Rebecca L. Huerta stated that the purpose of this item is to appoint an Ad Hoc nominating committee for the vacant City Auditor position.City Secretary Huerta explained that per the City's Code of Ordinances,when a vacancy occurs in the office of the City Auditor, the City Council appoints an ad hoc nominating committee to recommend candidates for the position to the full Council.The committee is composed of five members:three(3)City Council members nominated by the Council Audit Committee; one(1)At-Large City of Corpus Christi resident,and the City Manager or designee. Audit Committee Chairman Greg Smith stated that the Audit Committee is recommending the appointment of Council Members Carolyn Vaughn, Debbie Lindsey-Opel and Greg Smith and Captain Steven Banta,former Commander of Naval Air Station -Corpus Christi and current Executive Director of the U.S.S. Lexington,as the At-Large resident. City Secretary Huerta announced that City Manager Margie C. Rose is recommending the appointment of Director of Human Resources Steven Viera as her designee. Council Member Garza made a motion supporting the recommendations as stated,seconded by Council Member Molina and passed unanimously. K. CONSENT AGENDA: (ITEMS 4 - 17) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.There were no comments from the Council or the public. A motion was made by Council Member Garza,seconded by Council Member Lindsey-Opel,to approve the Consent Agenda.The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Purchase of Police Vehicles Motion approving the purchase of 45 police vehicles from Caldwell Country Ford dba Rockdale Country Ford, of Rockdale, Texas, based on the cooperative purchasing agreement with Texas Local Government City of Corpus Christi Page 4 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $1,389,685.00. Funds have been approved for FY2017-2018. This Motion was passed on the consent agenda. Enactment No: M2018-002 5. Purchase of Two 15-Passenger Vans for the Police Department Motion approving the purchase of two 15-passenger vans from Caldwell Country Chevrolet from Caldwell, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $58,788.00, funded in FY2017-18. This Motion was passed on the consent agenda. Enactment No: M2018-003 6. Purchase of three 2018 Medic Units for the Fire Department Motion approving the purchase of three 2018 Medic Units from Knapp Chevrolet, of Houston, Texas, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba BuyBoard, for a total amount not to exceed $669,725.00, for which funds are budgeted for FY2017-18 in the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: M2018-004 7. Resolution amending the Reformed Cooperative Agreement with Nueces County for operation of the Corpus Christi-Nueces County Public Health District Resolution authorizing the City Manager or designee to execute a Second Amendment to the Reformed Cooperative Agreement between the City of Corpus Christi and the County of Nueces County, Texas to Operate a Public Health District, to provide for additional cost-shares of expenditures from the County to the City. This Resolution was passed on the consent agenda. Enactment No: 031337 8. Professional Services agreements for Geotechnical and Construction Materials Testing (Council Priority -Streets) Motion authorizing the City Manager, or designee, to execute three (3) separate two-year Master Services Agreements (MSAs)with not-to-exceed amounts of$800,000 each with Professional Service City of Corpus Christi Page 5 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 Industries, Rock Engineering & Testing Laboratory, and Tolunay-Wong Engineers for geotechnical engineering and construction materials testing. The aggregate not-to-exceed value of these three contracts is $2,400,000. This Motion was passed on the consent agenda. Enactment No: M2018-005 9. Accepting Reimbursement funds for Debris Removal Costs Associated with Hurricane Harvey Motion authorizing the City Manager, or designee, to execute all documents necessary to accept $502,449.01 reimbursement from Texas Department of Public Safety of the City's local cost share expended for debris removal costs under Federal Emergency Management Agency's (FEMA's) Public Assistance Disaster Grant Program for Hurricane Harvey. This Motion was passed on the consent agenda. Enactment No: M2018-006 10. Professional Services Contract for Solid Waste Air Compliance and Gas System Monitoring 2018 Motion authorizing the City Manager, or designee, to execute a professional services contract with Stearns, Conrad and Schmidt, Consulting Engineers, Inc., (SCS) of Bedford, Texas in the amount of $158,840 for Solid Waste Air Compliance and Gas System Monitoring 2018. This Motion was passed on the consent agenda. Enactment No: M2018-007 11. Engineering Design Contract for Greenwood Wastewater Treatment Plant Electrical Improvements to Ultraviolet System (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a professional services contract with Lockwood, Andrews, and Newnam, Inc. (LAN) of Corpus Christi, Texas in the amount of$537,441 for Greenwood Wastewater Treatment Plant (WWTP) Electrical Improvements to Ultraviolet (UV) System for design, bid, and construction phase services. (Capital Improvement Program - CIP) This Motion was passed on the consent agenda. Enactment No: M2018-008 City of Corpus Christi Page 6 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 12. Purchase of a Pump Motor for O.N. Stevens Water Treatment Plant (Council Priority -Water) Motion authorizing the City Manager or designee to approve the purchase of a Teco Westinghouse pump motor for O.N. Stevens Treatment Plant from Weisinger Incorporated of Conroe, Texas in accordance with Request for Bid (RFB) No. 1358, based on the lowest responsive, responsible bid for a total amount not to exceed $85,588.00, budgeted in FY2017-18. This Motion was passed on the consent agenda. Enactment No: M2018-009 13. Resolution for sole source purchase of Turbidity Meters and Equipment for O.N. Stevens Water Treatment Plant(Council Priority -Water) Resolution finding that the purchase of TU5 Series turbidity meters and equipment for O.N. Stevens Water Treatment Plant is necessary to preserve and protect the public health and safety of the city's residents and a sole source procurement; and authorizing the City Manager, or designee, to purchase TU5 Series turbidity meters and equipment from Hach Company of Loveland, Colorado, for a total amount not-to-exceed $113,157.12. This Resolution was passed on the consent agenda. Enactment No: 031338 14. Supply Agreement for Gas Meters for two years at $271,600.00 with two additional one-year options at a total potential multi-year amount of$543,200.00 Motion authorizing City Manager, or designee, to execute a supply agreement with Wilnat, Inc., of Tulsa, Oklahoma for the purchase of Gas Meters in response to Request for Bid No. 1391 based on the lowest responsive, responsible bid for a total amount not to exceed $271,600.00, with an estimated expenditure of$90,533.00 in FY2017-2018 funded by the Gas Fund. The term of the agreement is for two years with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of$543,200.00. This Motion was passed on the consent agenda. Enactment No: M2018-010 15. Second Reading Ordinance - Rezoning Property Located at 602, City of Corpus Christi Page 7 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 606, and 646 South Clarkwood Road (Requires %vote) (1st Reading 1/9/18) Case No. 1017-01 Yiu, Inc.: A change of zoning from the "R-MH" Manufactured Home District and "IL" Light Industrial District to the "RW Recreational Vehicle Park District. The property is described as being a 15.8695-acre tract of land out of Assessors Map 148 Tract M, Survey 402 ABS 988, located on the east side of South Clarkwood Road approximately 1,880 feet south of State Highway 44. Planning Commission and Staff Recommendation (November 15, 20171: Approval of the change of zoning from the "R-MH" Manufactured Home District and "IL" Light Industrial District to the "RW Recreational Vehicle Park District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by Yiu, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 15.8695-acre tract of land out of Assessors Map 148 Tract M, Survey 402 ABS 988, from the "R-MH" Manufactured Home District and "IL" Light Industrial District to the "RV" Recreational Vehicle Park District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031339 16. Second Reading Ordinance -Accepting four grants from the Texas Office of the Governor Homeland Security Grant Division (1st Reading 1/9/18) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept 4 grants totaling of$141,817.88 from the Texas Office of the Governor - Homeland Security Grant Division, Homeland Security Grant Program for training and equipment; and appropriating $141,817.88 from the Texas Office of the Governor - Homeland Security Grant Division, Homeland Security Grant Program into the No. 1062 Fire Grants Fund to carry out homeland security projects. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031340 17. Second Reading Ordinance -Authorizing a five-year lease agreement for cattle grazing at the Former Westside Landfill -75 acres (1st Reading 1/9/18) City of Corpus Christi Paye 8 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 Ordinance authorizing the City Manager or designee to execute a five-year lease agreement with John Steven (Steve) Twilligear to utilize 74.84 acres at the former Westside Landfill for grazing cattle in consideration of a total annual lease payment of$2,170.36 for a total lease term amount of$10,851.80 based on $29 per acre. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031341 M. PUBLIC HEARINGS: (ITEM 18) 18. Public Hearing and First Reading Ordinance -Rezoning for a Property located at 7469 Convair Drive (3/4 Vote Required) Case No. 1117-02 Lydia Rios: A change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit (SP). The property is described as Rodd Place#2, Block 4, Lot 18, located at the southwest corner of Convair Drive and Silver Sands Drive, east of Rodd Field Road, and north of Holly Road. Planninq Commission and Staff Recommendation (November 15, 2017): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit (SP)with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Lydia Rios ("Owner"), by changing the UDC Zoning Map in reference to the property described as Rodd Place#2, Block 4, Lot 18, from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit (SP); amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 18.Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the property to allow for the operation of a bed and breakfast home.Mr.Green presented a location map;the current zoning pattern;site plan;the criteria for a bed and breakfast; and the conditions of the special permit.Mr.Green stated that the Planning Commission and staff are in favor of the zoning change. Mr.Green stated that 24.08%opposition was received on this request and requires a super-majority vote of the City Council. Mayor McComb called for comments from the public. Lydia Rios, 7469 Convair, requested that the City Council grant the zoning change to allow her to continue her business through Airbnb. Beatriz Silva,2018 Silver Sands Drive, stated that she and her neighbors oppose the zoning change and said the bed and breakfast is disrupting the neighborhood.Ms.Silva expressed concerns City of Corpus Christi Paye 9 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 regarding the safety of the residents and the affect on property values.Tom Hand,7470 Convair,spoke in opposition to the zoning change and stated that allowing the bed and breakfast violates the expectation of living in a neighborhood environment.Mayor McComb closed the public hearing. Council members and staff discussed the following topics:the criteria stating that the bed and breakfast home shall be no closer than 1,000 feet to any other bed and breakfast home; the length of time that Ms. Rios has been operating as a bed and breakfast;whether the applicant and other Airbnb homes operating in the City are paying hotel occupancy taxes(HOT);exploring options to address bed and breakfast type businesses operating in the City;the Code Enforcement Department's notification to Development Services that the property was not properly zoned for a bed and breakfast; the definition of a bed and breakfast; Development Services'comments in the agenda packet stating that the proposed use may be incompatible with neighboring properties and with the general character of the surrounding area;adequate customer parking at the property;the City losing a significant amount of revenue; how the City of Portland is addressing Airbnb properties; researching how other cities are addressing this issue and reaching out to state legislatures for support; identifying a funding mechanism to track HOT funds;the Planning Commission members that supported the zoning change; how HOT funds are collected;ways to investigate where Airbnbs are operating in the City; how a bed and breakfast can operate in a home identified as a homestead;and operating businesses without permission. Council Member Smith made a motion to deny the ordinance,seconded by Council Member Rubio. The motion to deny was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Lindsey-Opel Abstained: 0 N. REGULAR AGENDA: (ITEM 19) 19. Second Reading Ordinance - Rezoning property located at 8154 Leopard Street and 8128 Leopard Street (Public Hearing 12/12/17) (1st Reading 12/19/17) (Tabled 1/9/18) Case No. 0917-02 Ardoin Inc.: A change of zoning from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District. The property is described as being Suntide Industrial Park, Block 2, Lots 1 and 2, located along the north side of Leopard Street, east of Tuloso Road, and west of Suntide Road. Planning Commission and Staff Recommendation (November 1, 2017): Approval of the change of zoning from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District. City of Corpus Christi Page 10 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Ardoin Inc. ("Owner"), by changing the UDC Zoning Map in reference to Suntide Industrial Park, Block 2, Lots 1 and 2, from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 19,rezoning of property located at 8154 and 8128 Leopard Street.City Secretary Huerta announced that Council Member Smith abstained from this item.Interim Director of Development Services Bill Green stated that City Council directed staff to come back with an ordinance approving special permit provisions as negotiated between the neighborhood and the business.Mr.Green provided a brief overview of the special permit conditions including: uses; hours of operation; lighting; noise; buffer area; height restrictions;surface area; other requirements;and the time limit. Council members and staff discussed the following topics:an amendment to the height restrictions to include that the units shall not be stacked more than two units high at the perimeter abutting the residential area or three for the remainder of the area;whether the applicant will be fined or receive a citation for operating illegally; hours of operation;and questions to the applicant regarding the public comments made related to noise earlier this morning. Jacob Glaze,representative for the applicant,stated that there were no operations on the site before 7:00 a.m.this morning. Council Member Vaughn made a motion to amend the second reading ordinance to read as shown in the agenda packet labeled ordinance Ardoin Special Permit Revised Conditions with the following additional sentence to Section 2,Subsection 6 thereof"stacking containers elsewhere on the property shall not exceed three containers high",seconded by Council Member Rubio and passed; Council Member Smith abstained. Council Member Hunter made a motion to approve the ordinance as amended, seconded by Council Member Lindsey-Opel. his ordinance was passed on second reading as amended and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Vaughn Abstained: 1 - Council Member Smith Enactment No: 031342 R. EXECUTIVE SESSION: (ITEM 44) Mayor McComb deviated from the agenda and referred to Executive Session Item 44.The Council went into executive session at 1:18 p.m.The Council returned from executive session at 2:23 p.m. 44. Executive Session pursuant to Texas Government Code § 551.071 City of Corpus Christi Page 11 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, and potential creation of entities that could provide or assist in the provision of the aforementioned services, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said business prospect(s). This E-Session Item was discussed in executive session. L. RECESS FOR LUNCH The recess for lunch was held during the executive session regarding Item 44. N. REGULAR AGENDA: (ITEMS 20 -21) 20. Second Reading Ordinance -Amending the Code of Ordinances to Allow a Third-Party Inspection Reporting System (Council Priority -Water) (1st Reading 1/9/18) Ordinance amending Corpus Christi Code of Ordinances, Sections 14-281 & 14-291 authorizing third-party inspection reporting system for backflow preventers; authorizing the execution of a one year agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system, with the option to renew annually with City Council approval; and providing for penalties and publication. The second reading of this Ordinance was postponed. 21. Second Reading Ordinance -Creating Restrictions for Barge Dock Parking (1st Reading 12/12/17) Ordinance adding Chapter 53, Section 178 "Barge Dock Parking" to the Corpus Christi Code of Ordinances to prohibit parking at barge dock from 10:00 p.m. to 6:00 a.m.; and providing an effective date, for City of Corpus Christi Page 12 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 severance, for penalty and for publication. The second reading of this Ordinance was postponed. O. FIRST READING ORDINANCES: (ITEMS 22 -28) 22. First Reading Ordinance -Accepting and appropriating a donation for the Corpus Christi Smoke Alarm Program Ordinance authorizing the City Manager or designee to accept a donation from Walmart in the amount of$1,000 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $1,000 from Walmart into the Fire Grant Fund No. 1062. This first reading of this Ordinance was postponed. 23. First Reading Ordinance -Accepting and appropriating the 2017 Helping Heroes Grant Program funds Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of$10,000.00 to be used to purchase a Hazardous Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062. This first reading of this Ordinance was postponed. 24. First Reading Ordinance -Closing utility easement located south of Yorktown Boulevard between Malamute Drive and Bay Drive Ordinance abandoning and vacating 0.157 acre of an existing utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive and requiring the owner, Hooten Family Trust and Thomas Nathan Clark, to comply with the specified conditions. This first reading of this Ordinance was postponed. 25. First Reading Ordinance -Closing utility easement located at 4002 and 4018 South Padre Island Drive Ordinance abandoning and vacating 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive and requiring the owner, Weber Dorado Partners, LLC., to comply with the specified conditions. This first reading of this Ordinance was postponed. 26. First Reading Ordinance -Approval of agreement and City of Corpus Christi Page 13 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 appropriating funds for AEL Development, LLC, for the Wastewater Collection Line Extension Construction and Reimbursement Agreement Ordinance authorizing City Manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with AEL Development, LLC. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $52,514.90 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. This first reading of this Ordinance was postponed. 27. First Reading Ordinance -Amending City Code of Ordinances, Revising the City's Drought Contingency Plan (Council Priority - Water) Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55, Article XII Water Resource Management, regarding water resource management including drought restrictions, providing an effective date of February 1, 2018; and providing for penalties. This first reading of this Ordinance was postponed. 28. First Reading Ordinance -Construction Contract for Mary Rhodes Pipeline Protection Upgrade (Capital Improvement Program) (Council Priority -Water) Ordinance rejecting the apparent low bid of Down South Field Services, Inc. as non-responsive and authorizing the City Manager to execute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of$525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. This first reading of this Ordinance was postponed. P. FUTURE AGENDA ITEMS: (ITEMS 29 -37) 29. Professional Services Contract for Parks Master Plan Update Motion authorizing the City Manager, or designee, to execute a professional services contract with Freese and Nichols of Corpus Christi, Texas in the amount of$72,555 for the Parks Master Plan Update. This Motion was recommended to the consent agenda. 30. Construction Contract for Yorktown Boulevard from Lake Travis City of Corpus Christi Page 14 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 Drive to Everhart Road (Bond 2014, Proposition 1) (Council Priority -Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting LP dba Bay, Ltd, of Corpus Christi, Texas in the amount of$2,028,791.86 for Yorktown Boulevard from Lake Travis Drive to Everhart Road for the Base Bid. (Bond 2014 Proposition 1) This Motion was recommended to the consent agenda. 31. Construction Contract for Staples Street from Kostoryz Road to Brawner Parkway (Bond 2012, Proposition 1) (Council Priority - Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc., of Houston, Texas in the amount of$10,715,524.30 for Staples Street from Kostoryz Road to Brawner Parkway for Base Bid 1 (PCC). (Bond 2012 Proposition 1) This Motion was recommended to the consent agenda. 32. Contract Amendment No. 2 for Allison Wastewater Treatment Plant Lift Station and Plant Improvements (Capital Improvement Plan) Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to a professional services contract with Urban Engineering, of Corpus Christi, Texas in the amount of$618,902, for a total restated fee of$912,522, for Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements for design, bid, and construction phase services. (Capital Improvement Program - CIP) This Motion was recommended to the consent agenda. 33. Construction Contract for LaVolla Creek Drainage Channel Excavation, Phase 1 (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas Anderson Construction of Corpus Christi, Texas in the amount of$1,256,389 for the La Volla Creek Drainage Channel Excavation, Phase 1 project (Capital Improvement Program). This Motion was recommended to the consent agenda. 34. Supply Agreement for Brass Fittings for the Water Department (Council Priority -Water) City of Corpus Christi Page 15 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 Motion authorizing the City Manager or designee to execute a supply agreement with Ferguson Enterprises, Inc. of Corpus Christi, Texas for Brass Fittings for the Water Department in accordance with Request for Bid (RFB) No. 1362, based on the lowest responsive, responsible bid for a total amount not to exceed $144,149.15, with $32,033.00 budgeted in FY2017-18. The term of this agreement is for 36 months. This Motion was recommended to the consent agenda. 35. Service Agreement for Debris Removal for one year not-to-exceed amount of$279,510, with two additional one-year options for a potential multi-year amount up to $838,530 Motion authorizing the City Manager or designee to execute a service agreement with CrowderGulf, LLC of Theodore, Alabama for Debris Removal for the City of Corpus Christi in accordance with Request for Bid (RFB) No. 1372, based on the lowest responsive, responsible bid for a total amount not-to-exceed $279,510, budgeted in FY2017-18; the term of this agreement is for one year with option to extend for up to two additional one-year periods, by mutual agreement, with a total potential multi-year amount of up to $838,530. This Motion was recommended to the consent agenda. 36. Homebuyer Assistance Program Amendment No. 1 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi Motion to approve an amendment to the agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program and increasing expenditures in the Business and Job Development Fund No. 1140 by $100,000. This Motion was recommended to the consent agenda. 37. Resolution creating the Corpus Christi B Corporation and adopting a Certificate of Formation (Council Priority - Economic Development) Resolution finding that it is advisable that the Corpus Christi B Corporation be created as a Type B Corporation under the Development Corporation Act of 1979 and governed by chapters 501 and 505 of the Texas Local Government Code, approving Certificate Of Formation for the corporation, and specifying the public purposes which the corporation may further on behalf of the City of Corpus Christi. City of Corpus Christi Page 16 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 38 -42) 38. Preserving the Birth and Death Records of the City of Corpus Christi This Presentation was postponed. 39. Corpus Christi Fire Department Staffing Update This Presentation was postponed. 40. Bayfront Master Plan This Presentation was postponed. 41. Municipal Solid Waste (MSW) Charge Update This Presentation was postponed. 42. Bond Sale Request for Additional Landfill Capacity This Presentation was postponed. R. EXECUTIVE SESSION: (ITEMS 43 AND 45) 43. Executive Session pursuant to Section 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 natural gas utility system. This E-Session Item was postponed. 45. 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 municipal solid waste system service charge, Section 21-47 et seq. of the Corpus Christi Code of Ordinances, state, federal, and local regulation of solid waste disposal and transportation, and federal and state constitutional provisions related to flow control, land development, and municipal charges and fees. This E-Session Item was postponed. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. In response to a council member,City Manager Margie C. Rose stated that the discussion City of Corpus Christi Page 17 Printed on 1/18/2018 City Council Meeting Minutes January 16,2018 on the HEB Tennis Center,including information on a report made by KRIS 6 news,will be provided later in January. T. ADJOURNMENT The meeting was adjourned at 2:25 p.m. City of Corpus Christi Page 18 Printed on 1/18/2018 SC o� � U NORPORPEAGENDA MEMORANDUM 1852 Future item for the City Council Meeting of January 16, 2018 Action item for the City Council Meeting of January 23, 2018 DATE: December 29, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jay Ellington, Director Parks & Recreation jayell@cctexas.com (361) 826-3476 Professional Services Contract Parks Master Plan Update CAPTION: Motion authorizing the City Manager, or designee, to execute a professional services contract with Freese and Nichols of Corpus Christi, Texas in the amount of$72,555 for the Parks Master Plan Update. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas for the Parks Master Plan Update. BACKGROUND AND FINDINGS: This item provides for a minor update to the City's Park Master Plan that was last updated in 2012. To qualify for Texas Parks and Wildlife Department (TPWD) funding the City is required to complete a major Parks Master Plan update every 10 years and a minor update every 5 years. TPWD matching funds are the City's primary source of capital funds. Typically, the state to local match is 80/20 for projects from the land and water conservation fund, and 50/50 for trails related funds. Project Scope: The updated Master Plan captures the accomplishments towards the previous plan and necessary revisions to goals and objectives of the Master Plan. The updated Master Plan captures new demographics, local developments, city standards, and existing resources. This plan is essential to assist the Parks and Recreation Department to implement short and long-term planning, prioritization and project decisions that benefit the community by enhancing the local quality of life The following is a summary of the Master Plan activities for the minor update: • Conduct and participate in numerous meetings with Parks and Recreation Advisory Committee, operating department representatives, stakeholders, and local public regarding the needs, goals, and objectives of the community • Update of parks inventory • Update stated park goals and objectives • Update of community park needs based on community developments, current demographics and uses, park upgrades, etc. • Incorporating a new trail map to the Master Plan The PMP update must be consistent with Texas Parks and Wildlife guidelines/requirements, and approved by City Council. The updated Master Plan enhances the City's opportunity to qualify and compete for state funding through the Texas Parks and Wildlife Department. ALTERNATIVES: 1. Authorize execution of professional services contract. (Recommended) 2. Do not authorize execution of professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc. was selected for this project as a result of RFQ No. 2016-06 FY 2017 Capital Improvement Projects, Parks Master Plan and Continuation Bond Projects. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts, §2, Article 10 of the City Charter regarding contracts; Conforms to FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ® Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget $77,055 $77,055 Encumbered / Expended Amount This item 72,555 72,555 Future Anticipated Expenditures This $4,500 $4,500 Project BALANCE $0 $0 Fund(s): Community Park Enrichment Fund, Park and Recreation CIP RECOMMENDATION: City staff recommends the professional services contract be awarded to Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$72,555 for the Parks Master Plan Update. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Contract PROJECT BUDGET ESTIMATE Parks Master Plan Update FUNDS AVAILABLE: Community Enrichment Fund $77,055 TOTAL.......................................................................................................................... $77,055 FUNDS REQUIRED: Professional Services:...................................................................................................... 72,555 Master Plan Update- Parks 72,555 Professional Services (Freese and Nichols, Inc.) THIS ITEM.................. 72,555 Reimbursements: Total Reimbursements...................................................................................................... 4,500 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)...... 1,500 Engineering Services (Project Mgt/Constr Mgt).......................................... 3,000 Misc. (Printing, Advertising, etc.)............................................................. 0 TOTAL.......................................................................................................................... $77,055 ESTIMATED PROJECT BUDGET BALANCE....................................................................... $0 N SCALE: N.T.S. Nwe D CITY-WIDE PROJECT None Pan �z o - WA n Ingl.W, a oQ NUECES BAY a!'� b ,CORPUS CHRISO Q r � IN 4 M CN4811 CORPUS CHRISM BAY wiu a�wsn aee as OSO fi4Y x m °06 ROW 0 �e M1, PxY LNGUM (MORE GULF OF MEXICO LOCATION MAP NOT TO SCALE Project Number: E17015 CITY COUNCIL EXHIBIT Parks Master Plan Update CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E17015 — Parks Master Plan Update The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, Inc., 800 N. Shoreline, Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — SCOPE OF SERVICES ..............................................................................2 ARTICLE II — QUALITY CONTROL.................................................................................3 ARTICLE III — COMPENSATION.....................................................................................3 ARTICLE IV— TIME AND PERIOD OF SERVICE...........................................................4 ARTICLE V — OPINIONS OF COST................................................................................5 ARTICLE VI — INSURANCE REQUIREMENTS ..............................................................5 ARTICLE VII — INDEMNIFICATION ................................................................................5 ARTICLE VIII — TERMINATION OF AGREEMENT.........................................................6 ARTICLE IX — RIGHT OF REVIEW AND AUDIT.............................................................7 ARTICLE X — OWNER REMEDIES.................................................................................7 ARTICLE XI — CONSULTANT REMEDIES .....................................................................8 ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION..................................................8 ARTICLE XIII — MISCELLANEOUS PROVISIONS........................................................10 EXHIBIT A SCOPE OF SERVICES EXHIBIT B SAMPLE PAYMENT REQUEST FORM EXHIBIT B-1 CONFIDENTIAL RATE SHEET EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D DISCLOSURE OF INTEREST EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) EXHIBIT C EXGeFpt49m GGFP616 GhriSti Gee FaI��ditiGRG fer�6tF6lGtiqR DreeGtj� Contract for Professional Services PAGE 1 OF 12 ARTICLE I -SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. resPORS a r., Ewhihit IC 1.61 The GeRsi-litant agrees to serve-as the Gity's DesigReras defined the General ,A,411 GA-FISM 111t—R.A d- —R d-ViSM69 thf-9 G ity OR matters rel-ate d- to --46 SGE)pe of 2-R-Rxirue-s Rg the peFfeFMaRGe of Oho CAPE;.ORAt's corviinoc hirJc -Rr,d eyal,,-a40 the rJe-n,,moA4c c,,hmitted by hiddeFc 1.7- PeF pF9j 2CfS-#ihat require Stlh StlrfaGe-Utility RYe Stigatir9Rr'. 1.7.1 The GeRsultapt agrees to prepare and to the Gity prier to the0 submittal a signed and- sealed repert ideRtifyiRg all utilities withiR the pr(�eGt area at the Quality Level speGified- on r-=xhmhmtq A ;;Pd A vmc�-vvrs� f4 party 9WRer69pe-r-4A-rc Contract for Professional Services PAGE 2 OF 12 1.8 r prnieG4 With petteR4ial Utility GGR&n4G� 1.8-2 The GeRsi-litant agrees tG prepare and Gi-lb-mit a moicithly Utility Matrix to the C:,*. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III —COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $72,555. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule, as shown in Exhibit B-1,with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Contract for Professional Services PAGE 3 OF 12 Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 approved GhaRges. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Contract for Professional Services PAGE 4 OF 12 Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions,Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs,to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier 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 Contract for Professional Services PAGE 5 OF 12 agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Contract for Professional Services PAGE 6 OF 12 Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, Contract for Professional Services PAGE 7 OF 12 the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article 111. ARTICLE XI —CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation Contract for Professional Services PAGE 8 OF 12 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services PAGE 9 OF 12 ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, attached as Exhibit E. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (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, Contract for Professional Services PAGE 10 OF 12 notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 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. 13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. _ 12/20/2017 Jeff H. Edmonds, P.E. Date Ron Guzman, P.E. Date Director of Engineering Services 800 N. Shoreline, Suite 160ON Corpus Christi, TX 78401 (361) 561-6500 Office (361) 561-6501 Office rg@freese.com APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services PAGE 11 OF 12 Fund Name Accounting Unit Account Activity No. Amount No. Community Enrichment Fund 4720 21300 141 550030 E17015 01 4720 EXP $72,555.00 Total $72,555.00 Contract for Professional Services PAGE 12 OF 12 Y mium uum numi�i��u)ouumuioji idnu ti�i ui ii�mud a iii��u 800 N.Shoreline Blvd.,Suite :1.6001N m Corpus Christi,Texas 78401 m 361-561-6500 m fax 361-561-6501. to/vA/vA/f C Tl December 19, 2017 Mrs. Sarah West Project Manager Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi,TX 78469 RE: Proposal for Parks Master Plan Update—Large AE Dear Mrs. West: Freese and Nichols, Inc. (FNI) is once again pleased to submit this professional services proposal as the basis for a lump sum engineering services contract. This effort will consist of updating the Parks Master Plan created by Halff and Associates in 2012. PURPOSE The purpose of this study is to update the 2012 Corpus Christi Strategic Parks and Recreation Master Plan.The planning process will involve input through a committee, stakeholder meetings, and public workshop to update the needs and desires of the community. This project's deliverables will include an update appendix with updated park goals, revised needs based on other recent plans, and action items.The updated appendix document will be a supplement to the existing 2012 Corpus Christi Strategic Parks and Recreation Master Plan. It is envisioned the final deliverable will be approximately 20 pages. It is not intended that existing master plan elements such as park standards, detailed inventory/site visits to each park, recommended landscaping elements, maintenance standards, and sustainability guidelines will be reexamined with this update. The City of Corpus Christi will provide the InDesign files to be used to prepare the 2012 Park and Recreation Master Plan. These files are to be used for the sole purpose of updating the City of Corpus Christi's Park and Recreation Master Plan, and they will not be re-used or copied for any other purpose outside of the Parks Master Plan Update Work. The following scope reflects a minor update to the existing plan. Most of the existing 2012 Plan will remain with updates to an appendix based on new local input and recent park planning efforts. Throughout the project, the Client will be responsible for identifying stakeholders, connect FNI to the Parks and Recreation Advisory Committee (PRAC) subcommittee on Park Development, securing meeting venues, meeting notifications and invitation. During the PRAC, stakeholder and public meetings, the City will be responsible for facilitating most meetings including providing comment cards, agendas, maps, station boards, input exercises and other associated meeting materials. Food or refreshments are not included as other associated meeting materials. Elected and appointed officials should be encouraged to attend meetings.The following sections present a more detailed narrative of the basic services to be provided by FNI for the Parks Master Plan update. Exhibit A Page 1 of 5 Mrs. West Page 2 December 19, 2017 SERVICES AND ASSOCIATED FEES Project Management:Throughout the project,the Consultant will manage activities including scheduling, communication plan, progress reports, coordination with the Client, and biweekly conference calls.The Consultant will prepare plan action and milestone outline. $4,254 Online Survey:The Consultant will develop a questionnaire to be included as part of an online survey. The Consultant will provide a survey link to the Client to post on the City's website.The survey will focus on identifying a vision, goals, and opportunities for the planning study. FNI will manage the data on response and make available to the City. $530 Gather and Review Associated Plans:The Consultant will review existing documents (Mobility Plan, Park Program Master Plan, Downtown Development Plan, Plan CC, etc.) affecting the updated plan. Emphasis will be placed on the most recent plans and those found most relevant by the Client. Based on the findings,the update appendix will document the park and recreation efforts since the 2012 plan's adoption. $6,148 Kick-Off Meetings and Site Tour:The Consultant will attend one (1) kick-off meeting with the Client.The purpose of the meeting will be to review the projects scope, schedule, communication, expectations, deliverables, and Client and Consultant tasks. During the kick-off meeting, the Consultant and Client will outline Public Involvement goals, target groups, communication ideas, and meetings. Following, the Client and Consultant will conduct park tours to key areas or recent park improvements.The kick-off meeting and tour is envisioned to be conducted in four hours. $1,968 Parks and Recreation Advisory Committee Meeting 1:The Consultant will attend a PRAC meeting at the beginning of the project (July meeting targeted). During the meeting, the Consultant will introduce the project's purpose, provide an overview of the scope and present findings to date. Following,the Consultant will lead the meeting participants in general discussions and or a group exercise(s)to identify goals, desires and opportunities for park and recreation improvements. Parks and Recreation has requested that a stakeholder meeting being included in the PRAC meeting as an agenda item (see below). $3,575 Stakeholder Meeting Series 1 with Public Invite:The Consultant will facilitate a stakeholder meeting with the public invited to participate.These meetings will provide an opportunity for the Consultant team to present a brief project overview and findings to date. Following, the Consultant will lead the meeting participants in an input session that may include work stations, key pad polling, dialog, issue identification,visioning, or breakout groups.The information gathered at this meeting will guide the Consultant on updates to the plan goals and strategies.This stakeholder meeting will be held in coordination with the PRAC meeting (see above). $5,786 Update the Park Inventory Based on Completed Projects:The Consultant will update the 2012 Master Plan's inventory with recently completed projects.The updated park inventory matrix will be provided in the update appendix. Revisions to the inventory matrix will be based on recent park additions and information provided by the Client. $3,173 Update Demographic Profile: City staff will update all demographic information and provide final demographic tables to the Consultant.The Consultant will include the provided demographic profiles in the report appendix.This information will be used to update the needs assessment and facility demand information. $582 Exhibit A Page 2 of 5 Mrs. West Page 3 December 19, 2017 Update Goals and Objectives: Based on the results of the previous tasks, including PRAC meeting, Client input and surveys, the Consultant will update the plan appendix to include revised goals, objectives and development priorities.This task will use the 2012 goals and objectives as a base and update based on local input. $6,148 Needs Assessment Update:The Consultant will provide minor updates to the needs assessment to documenting demand-based input from the previous tasks. In addition,the standards-based assessment will be updated to reflect recently completed projects,the updated inventory, and the updated demographic profile. $2,718 Parks and Recreation Advisory Committee Meeting 2:The Consultant will attend a second PRAC meeting. During this meeting, the City staff will provide an overview of the previous task findings and revised goals and objectives. Parks and Recreation has requested that a stakeholder meeting being included in the PRAC meeting as an agenda item (see below). $6,265 Stakeholder Meeting 2 with Public Invite:This meeting will provide an opportunity for the Consultant team to provide an overview of the previous task findings and revised goals and objectives.This stakeholder meeting will be held in coordination with the PRAC meeting (see above). $3,656 City Council Update:The Consultant will attend a City Council workshop where the project overview and public meeting input to date are presented. City staff will prepare and make the presentation and Consultant will answer questions as needed. $746 Master Plan Priorities and Update Appendix: Based on input from the previous tasks, the Consultant will update the master plan priorities.This task will rely on local input to guide the Consultant teams recommended action items.The Consultant will explain the results of the planning effort into a written update appendix to the existing 2012 plan with minor updates to maps, tables, and charts. $20,077 • The Consultant will prepare a trail map update which will incorporate recent bike and trail planning into the existing map. This study does not include a detailed hike and bike assessment or standards, but will rely on the 2012 map as a base and update per other recent studies. • The Consultant will prepare a draft update appendix to the 2012 Plan to briefly document the planning process,demographic changes, input, revised tables, need assessment updates, updated goals,and updated maps from the previous tasks. It will present a clear narrative with brief graphics and figures to describe the intentions of the community. • The draft update appendix will be provided to the Client, PRAC,and other parties the Client wishes to include for review and comments.The Client should gather all comments and provide a single submittal back to the Consultant as to minimize revision submittals.The Consultant will incorporate comments and proceed to prepare final deliverables. The draft appendix will be prepared in InDesign software. Parks and Recreation Advisory Committee Formal Public Hearing: The Consultant shall attend the formal public hearing regarding the Master Plan Update. City staff will make the presentation and Consultant will answer questions as needed. $373 Exhibit A Page 3 of 5 Mrs. West Page 4 December 19, 2017 City Council Adoption Meeting:The Consultant will attend a City Council meeting for adoption of the plan update.The Consultant will provide information to City staff, who will make the presentation to the City Council. $3,564 Prepare Final Deliverables: $2,992 a. One (1) bound copies of the final report b. One (1) CD c. Electric files for the report, charts, tables, maps, or other electronic data developed during the planning process SCHEUDLE Date Activity Assumed NTP for AE January 24, 2018 Contract February 14, 2018 Kickoff Meeting March 14, 2018 PRAC Meeting 1 March 14, 2018 Online Survey March 14, 2018 Stakeholder Meeting 1 May 9, 2018 Stakeholder Meeting 2 May 9, 2018 PRAC Meeting 2 May 15, 2018 City Council Update Draft Appendix for City May 28, 2018 Review PRAC Meeting 3 — Formal July 11, 2018 Public Hearin July 17, 2018 City Council Adoption SUMMARY OF FEES Basic Services Fees Fee 1. Preliminary Phase $72,555.00 2. Design Phase N/A 3. Bid Phase N/A 4. Construction Administration Phase N/A Subtotal Basic Services Fees $72,555.00 Additional Services Fees 5. Permit Preparation N/A 6.Topographic Survey and Parcel N/A Descriptions 7. ROW Acquisition Survey N/A 8. Geotechnical Investigation N/A 9. Subsurface Utility Investigation N/A Exhibit A 10. Traffic Control N/A Page 4 of 5 Mrs. West Page 5 December 19, 2017 11. Public Involvement N/A 12. Warranty Phase N/A 13. Construction Observation Services N/A Sub-Total Additional Services Fees N/A Sub-Total Fee $72,555.00 Sincere) Ron Guzman, P.E. Principal, Corpus Christi Office cc: Wendy Shabay, Shane Torno Exhibit A Page 5 of 5 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/hr) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting 1 Rev 04/17 Exhibit C Page 1 of 2 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 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 04/17 Exhibit C Page 2 of 2 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: City of Corpus Christi P. O.BOX: P. O.Box 9277 STREET ADDRESS: 1201 Leopard Street CITY: Corpus Christi ZIP: 78401- FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 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 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 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 N/A Exhibit D 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: Ron Guzman,P.E. Title: Vice President/Principal (Type or Print) Signature of Certifying Date: Person: _ 12/20/2017 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Exhibit D Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-295549 Freese and Nichols, Inc. Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/19/2017 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. E17015 Professional engineering services to update the 2012 Corpus Christi Strategic Parks and Recreation Master Plan. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Hatley,Tricia Oklahoma City,OK United States X Payne,Jeff Dallas,TX United States X Milrany,Cindy Fort Worth,TX United States X Coltharp,Brian Fort Worth,TX United States X New,John Corpus Christi,TX United States X Nichols,Michael Fort Worth,TX United States X Pence,Robert Fort Worth,TX United States X Herchert,Robert Fort Worth,TX United States X Gooch,Thomas Corpus Christi,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct, Ill:- LISA BOGGS Notary Public,State of Texas . My Commission Expires � 06/25/2019 S nature o authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said .3 this the„ day of l �� 2Q _ ,,.,�„„s,to certify which,witness my hand and seal of office. " �� -Arq � Signatu of officer administerfa6 uhth Printed name of o(ti dministering oath Title of o cer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 Exhibit E Page 1 of 1 "I,,," Engineering Parks Master Plan Update Council Presentation January 16, 2018 Location Map us lilo-gpineering \� N U PARKS MASTER o SCALE v S PLAN UPDATE a �a i Project Scope / Coope CII st Engineering The Updated Master Plan enhances the City's opportunity to qualify and compete for state funding through the Texas Parks and Wildlife Department (TPWD). TPWD requires minor updates every 5 years (this item) and major updates every 10 years. The minor update includes: • Conduct and participate in numerous meetings with Parks and Recreation Advisory Committee, operating department representatives, stakeholders, and local public regarding needs, goals, and objectives of community • Update of parks inventory • Update stated park goals and objectives • Update of community park needs based on community developments, current demographics and uses, park upgrades, etc. • Incorporating a new trail map to the Master Plan :u Project Schedule us CIIP"�ti 2018 Jan Feb Mar ro, May Jun Jul Project Estimate = fi Months Projected srneauie reflects City Council award in January mis with anticipated completion in iwv zoos. SC v AGENDA MEMORANDUM "CORPOR1 Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting of January 23, 2018 DATE: December 26, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Yorktown Boulevard from Lake Travis Drive to Everhart Road Bond 2014 Proposition 1 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting LP dba Bay, Ltd, of Corpus Christi, Texas in the amount of $2,028,791.86 for Yorktown Boulevard from Lake Travis Drive to Everhart Road for the Base Bid. (Bond 2014 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Yorktown Boulevard from Lake Travis Drive to Everhart Road Project. BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 1 Street Projects in the general election held on November 6, 2012. Bond 2014 Brochure description: "Yorktown Boulevard from Lake Travis Drive to Everhart Road — This project includes full-depth repair of the existing four lane A-2 Secondary Arterial Divided Street, which has two through lanes in each direction with a center median. Although this roadway is designated as a A-3 Arterial in the Urban Transportation Plan (six travel lanes with center median) consideration is being given to design to roadway as a modified A-1 Minor Arterial roadway due to projected vehicle traffic volumes. The proposed improvements include two through lanes in each direction with a center median, curb and gutter, sidewalks, ADA curb ramps, and pavement markings. The condition of the existing sidewalks will be assessed to determine where sidewalk improvements are warranted. Consideration is being given to adding bike lanes." Project Scope: This project provides resurfacing with full depth repairs of existing divided 4-lane roadway with new signage and markings. Work includes sidewalk repairs, new ADA-compliant ramps on the south side. Lighting (illumination), landscaping and irrigation upgrades are included within center median. Utility work is limited to valve cover and manhole adjustments for water, waste water, gas, and storm water. Other improvements include a new IT conduit. This section of Yorktown is not designated for bicycle transit in the Mobility Plan. Full-depth reconstruction and major underground utility upgrades were not recommended due to existing conditions of the pavement structure and utilities. This resulted a cost avoidance of approximately $900,000 for the City. The project was advertised with a base bid for Hot-Mix-Asphalt-Concrete(HMAC)with no additive alternates. The City received three (3) bids as follows: Contractor Base Bid Berry Contracting, LLC dba Bay, Ltd. Corpus Christi, Texas $2,028,791.86 Haas-Anderson Construction Corpus Christi, Texas $2,082,257.35 CPC Interests, LLC, dba Clark Pipeline Services Corpus Christi, Texas $2,861,365.94 Engineer's Opinion of Probable Cost $2,458,000 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LNV, Inc., is the design engineer that was selected for this project under RFQ 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2017-2018 Street Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Budget and Current Year Future Years TOTALS Expenditures Budget $1,044,176.00 $2,573,115.00 $3,617,291.00 Encumbered / Expended 1,044,176.00 0.00 1,044,176.00 Amount This item 2,028,791.86 2,028,791.86 Future Anticipated 542,560.19 542,560.19 Expenditures This Project BALANCE $0 $1,762.95 $1,762.95 Fund(s): Street and Utility CIP Comments: N/A RECOMMENDATION: City staff and LNV, Inc. recommend a construction contract award to the lowest responsive and responsible bidder, Berry Contracting LP (dba Bay, Ltd) in the amount of $2,028,791.86 for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation PROJECT BUDGET ESTIMATE Yorktown Boulevard Lake Travis Drive to Everhart Road BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 1................................................................................................. 2,900,000 StormWater CIP...................................................................................................................... 378,684 WastewaterCIP....................................................................................................................... 179,651 WaterCIP............................................................................................................................... 154,434 Gas....................................................................................................................................... 4,522 TOTAL FUNDS AVAILABLE...................................................................................................... 3,617,291 FUNDS REQUIRED: Construction Fees: Construction (Berry Contracting LP dba Bay, Ltd) THIS ITEM...................................................... 2,028,792 Streets............................................................................................................. 1,978,360 Utilities............................................................................................................. 50,432 StormWater.................................................................................. 33,232 Water........................................................................................... 8,600 Wastewater................................................................................... 5,200 Gas............................................................................................. 3,400 Contingency (10%)................................................................................................................. 202,879 Construction Inspection and Testing Fees:..................................................................................... 158,626 Construction Inspection (Estimate).......................................................................... 126,038 Construction Materials Testing................................................................................ 32,588 DesignFees:........................................................................................................................... 1,044,176 Engineering Design (LNV, Inc.) Original and Amendment Nos. 1 and 2........................... 1,044,176 Streets............................................................................................. 555,291 Utilities............................................................................................. 488,885 Storm Water................................................................... 251,493 Water........................................................................... 107,516 Wastewater.................................................................... 129,876 Reimbursement Fees:............................................................................................................... 181,055 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)............................... 72,022 Engineering Services (Project Mgt)........................................................................ 108,033 Misc. (Printing, Advertising, etc.)............................................................................ 1,000 TOTAL................................................................................................................................... 3,615,528 ESTIMATED PROJECT BUDGET BALANCE............................................................................... 1,763 181 F SCALE: N.T.S. SHIP CHAN CORPUS CHRISTI � I Qom � LEOPARD " 0 a z 44 eq p <Oh/ 286 H MORGP O 358 Q ° �l °O Z Q' CORPUS CHRISTI BAY 0 32 M�gRo<e c°��/yqR A��s 0C, TEXAS A&M UNIVERSITY oN y0<<Y CORPUS CHRISTI r7 � PROJECT LOCATION DD SgRgTOcq ¢- CABANISS , i OSO BAY CORP FIELD <v Q NAVAL Qv O Q� FLOUR �o 2 358 286 p ��° L Q Q- Z JQ 2444 °ROTO GQ 3� LOCATION MAP project Number: E1 093 Ar, NOT TO SCALE Yorktown Boulevard CITY COUNCIL EXHIBIT '.... ... Lake Travis Drive to Everhart Road CITY OF CORPUS CHRISTI,TEXAS Bond 2014 DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering Yorktown Boulevard Lake Travis Drive to Everhart Road BOND 2014, Proposition 1 Council Presentation January 16, 2018 r Project Location Corpus CNr'stl Engineering CORPUS CHRISTI A� N IoM SCALE:N.T.S. CORPUS CHRISTI BAY B g� `w PROJECT LOCATION a..RP FLOUR BLUFF ka 4- �O Rana (} LAGUNA Project Vicinity ?\ Corpus erw » @m©mm T.S.� . § ^ \\ ©<v�rw BOULE ~ �l Project Vicinity i Engineering SCALE:N.T.S. E13093 YORKTOWN (Lake Travis to Everhart) � CURRENT PROJECT ` 1 i E13096 YORKTOWN(Everhart to Staples) y,� '�� PREVIOUS PROJECT � I ��', BOND 2014 PROP 1 YORKTOWN BLVD PROJE CTS l �tl N, 4 Typical Sectionhrs Corpus CNrtl Engineering GI�MiINM r ;- BOUNDARY TRAVELLANES CENTER TRAVEL LANES BUFFER SIDEWALK MEDIAN MEDIAN Y Project Scope p d� y . . Corpus CNrstl Engineering This project provides renovation of the existing 4-lane divided roadway, work includes: • Resurfacing with full depth repairs of existing HMAC pavement with new pavement markings and signage • Sidewalk repairs and ADA compliant ramps on south side • Street lighting, landscaping and irrigation upgrades within center median • Utility valve cover and manhole adjustments for water, wastewater, gas and storm water • IT conduit and other miscellaneous improvements 6 N Project Schedule r Corpus Chr'sti Engineering Oct Nov Dec Jan Feb Mar Apr May Jun I Jul Aug Sep Bid & Award Construction Construction Estimate 232 days 11 . Soutuons..16day Mth s engineerI architects � contiractons Vision for-,T morro December 19, 2017 J.H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Yorktown Boulevard — Lake Travis to Everhart(Bond 2014) Project No. E13093 Construction Contract Award Recommendation Dear Mr. Edmonds: On Wednesday, December 6, 2017, three (3) bids were received and opened for the above referenced project. The three bid packages received did not include any mathematical errors. The apparent low bidder based on the Total Base Bid is Bay, Ltd. from Corpus Christi, Texas. Bay, Ltd. Total Base Bid amount is $2,028,791.86 as shown below: _ .._._............................................................................................................................................................................................................................... Contractor ........................................——_—_..................._................................_.._.................................... Description Bay, Ltd. Corpus Christi,TX ................................................................................................... .. Part A-General Improvements $207,746.10 Part B-Street Improvements $1,478,190.16 — .............._................._.—.—...................................................................................._.._....................................................... Part C—A.D.A. Pedestrian Improvements $115,858.60 ............... ........................................._...........®._............._................._............................................................................................................................................................._........................................................................................................... ..... Part D—Gas Line Improvements $3,400.00 Part E—Landscaping & Irrigation Rehab. $26,600.00 .....................__..........—.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Part F—Elec. Conduit for Future I.T. $65,111.00 ......................................................_.._._......._..._._.............................................................................................................................................................................................................................................................................................................................................................................................................................................. Part G—Street Lighting Conduit $84,854.00 ......... ................................................................................................................................................._............................................................................................ Part H—Storm Water Improvements $33,232.00 ................................................................................................................................ Part I—Water Distribution Improvements $8,600.00 Part J -Wastewater Improvements $5,200.00 Total Base Bid $2,028,791.86 This project consisted of a base bid only and no additive alternatives. The scope of work for these improvements is included below: 801 NAVIGATION I SUITE 300 i CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM RUN SOOUtions Today with a en iVere � Irchi cts I contractors Visioin for Tom°'m'"m lll"'ro Base Bid: The proposed improvements will include full-depth pavement repairs in identified locations, planing (milling) of existing asphaltic pavement, crack sealing, asphalt overlay with high-strength engineered paving mat interlayer product, removal and replacement of minor quantities of concrete curb & gutter and concrete sidewalk at designated locations, installation of PVC electrical conduit for street light wiring and future IT cables, minor landscaping and irrigation rehabilitation, and associated improvements such as storm water pollution prevention controls, pavement markings and signage, and temporary traffic controls during construction, for approximately 3,850 linear feet of 4-lane divided arterial street. Coordination with contractor for adjacent City street project#E13096 will also be required. We reviewed the information required in Section 00 45 16 Statement of Experience of the contract documents that was submitted by Bay, Ltd. and found no anomalies. This information is enclosed for your review. There is some information that will need to be provided at the time of the Pre-Construction Meeting by the Contractor such as key personnel (Project Superintendent). Bay, Ltd, is very familiar with City of Corpus Christi Street Bond Projects. It is our opinion that Bay, Ltd. is capable of completing a job of this magnitude. Bay, Ltd. also has several construction projects currently ongoing for the City of Corpus Christi and throughout this area as listed in their Section 00 45 16 Statement of Experience. Bay, Ltd. is also the Contractor on the adjacent project of Yorktown Boulevard from Everhart to Staples Street (Bond 2014), City Project No. E13096, which is currently under construction. The bids received for this project are within the City's budget. Based on the information submitted by the bidders, and upon evaluating the funding and priority for the need of the project, LNV recommends that the City award this project to Bay, Ltd. for: Base Bid in the amount of$2,028,791.86 Also enclosed is the project bid tabulation and Bay, Ltd. bid proposal for this project. Please feel free to contact us if you have any questions. Sincerely, LNV, Inc. TBPE No. F-366 Dennis L. Miller, P.E., CFM Senior Project Manager Enclosures: 1. Section 00 45 16 Statement of Experience 2. Bid Tabulation 3. Bay,Ltd.Bid Proposal cc: Chris Hale, P.E. Sylvia Arriaga 801 NAVIGATION I SUITE 300 CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM SC 00 � 0 E AGENDA MEMORANDUM NCORPORP11 Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting of January 23, 2018 DATE: January 8, 2018 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Staples Street from Kostoryz Road to Brawner Parkway Bond 2012 Proposition 1 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc., of Houston, Texas in the amount of $10,715,524.30 for Staples Street from Kostoryz Road to Brawner Parkway for Base Bid 1 (PCC). (Bond 2012 Proposition 1) PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Staples Street from Kostoryz Road to Brawner Parkway Project. BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 1 Street Projects by the community in the general election held on November 6, 2012. Bond 2012 Brochure description: "South Staples Street from Brawner Parkway to Kostoryz Road includes reconstruction and replacement of existing 5-lane road,wide sidewalks, curb and gutters,ADA curb ramps, lane striping, pavement markings, and bus stop rehabilitation." For Bond 2018 (Proposition 1), it is proposed to reconstruct Staples Street from Kostoryz Road to Baldwin Boulevard. Staples Street from Baldwin Boulevard to 6-Points recently received an overlay surface treatment, which will complete the Staples Street Upgrade. Project Scope: This project provides for reconstruction of Staples Street from Kostoryz Road to Brawner Parkway (approximately 1-mile)within existing right-of-way. Work include full-depth reconstruction of the 5-lane roadway with new sidewalks, ADA ramps, curb & gutter, traffic signal upgrades, RTA bus pads, area lighting upgrades, pavement markings and signage. Utility improvements include water, wastewater, gas, storm water and new IT conduit. The existing 5-lane section of Staples is 72.8' back of curb to back of curb with lane widths of 19.8', 10.7', 10.4', 10.4', and 21.5'. The new roadway will be 60' back of curb to back of curb with lane widths of 12.5', 11', 12', 11', and 12.5' respectively. The reduced pavement requires removing on-street parking fronting Ray High School, which was specifically discussed and accepted by Corpus Christi Independent School District and Ray High School staff. Parking on arterials is not recommended at any time. This pavement reduction reduces construction and future maintenance cost while providing improved traffic and pedestrian safety. The more balanced lane widths improve traffic management and safety. The narrower pavement allows wider buffered sidewalks 10' on the school side and 8' on the opposite side and further improves pedestrian safety with less pavement crossing. This section is not included in the Mobility Plan for bicycle facilities. The project was developed with two base bids plus one additive alternate as described below: Base Bid 1 — Portland Cement Concrete (PCC)with full reconstruction, traffic signal upgrades, lighting upgrades, utility improvements, pavement markings and signage. A new 6" natural gas line is included that will be installed by City crews. Base Bid 2 — Hot-Mix-Asphalt-Concrete (HMAC) with full reconstruction, RTA bus pads, traffic signal upgrades, lighting upgrades, utility improvements, pavement markings and signage. A new 6" natural gas line is included that will be installed by City crews. Additive Alternate No. 1 — Requires the contractor to install the new 6" HP gas line in lieu of City crews. On November 8, 2017, the City received five bids are as follows: Contractor Base Bid 1 Base Bid 2 (PCC) (HMAC) Reytec Construction Resources 10,715,524.30 No Bid Houston, Texas J. Carroll Weaver 12,148,227.56 10,514,815.07 Sinton, Texas Bay, LTD, 12,538,664.23 10,704,568.12 Corpus Christi, Texas Haas-Anderson Construction No Bid 11,172,042.70 Corpus Christi, Texas Clark Pipeline Services, No Bid 12,375,002.71 Corpus Christi, Texas Engineer's Opinion of Probable Cost $11,751,000 $10,271,000 Based on Engineering Services policy for award recommendations, the lowest responsive and responsible bidder is Reytec Construction Resources, Inc. for Base Bid 1 (PCC pavement). Engineering Services policy for award recommendations is to recommend PCC pavement if the PCC cost per lane mile is with $100,000/lane-mile of the HMAC bid. This project has approximately 4.8 lane- miles which equates to a $483,000 differential (higher price for PCC) over HMAC. The lowest HMAC bid is $200,709 below the lowest PCC bid, therefore Engineering Services recommends the award of Base Bid 1 only (PCC Pavement). ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols is the design engineer that was selected for this project under Request for Qualifications No. 2012-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction and professional service contracts. Conforms to FY 2017-2018 Street Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Budget and Current Year Future Years TOTALS Expenditures Budget 1,124,912.69 12,509,473.92 13,634,386.61 Encumbered / 1,124,912.69 1,124,912.69 Expended Amount This item 10,715,524.30 10,715,524.30 Future Anticipated Expenditures This 1,708,984.61 1,708,984.61 Project BALANCE 1 0.00 84,965.01 84,965.01 Fund(s): Street and Utility CIP RECOMMENDATION: City staff and Freese and Nichols recommend award of a construction contract to Reytec Construction Resources, Inc. in the amount of $10,715,524.30 for Base Bid 1 (PCC) only for Staples Street from Kostoryz Road to Brawner Parkway project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Letter of Recommendation Presentation PROJECT BUDGET ESTIMATE Staples Street from Kostoryz Road to Brawner Parkway BOND 2012 Proposition 1 PROJECT FUNDS AVAILABLE: Street BOND 2012 Proposition 1........................................................................................................................ 7,123,564 StormWater CIP............................................................................................................................................. 3,705,826 WastewaterCIP.............................................................................................................................................. 1,038,675 WaterCIP...................................................................................................................................................... 1,338,745 GasCIP......................................................................................................................................................... 427,577 TOTAL FUNDS AVAILABLE............................................................................................................................ 13,634,387 FUNDS REQUIRED: Construction Fees: Construction(Reytec Construction Resources, Inc.)THIS ITEM.......................................................................... 10,715,524 Streets................................................................................................................................... 5,621,781 Utilities.................................................................................................................................. 5,093,743 StormWater...................................................................................................... 2,831,838 Water............................................................................................................... 1,060,982 Wastewater....................................................................................................... 812,217 Gas................................................................................................................ 388,706 Contingency(10%)........................................................................................................................................ 1,071,552 Construction Inspection and Testing Fees:........................................................................................................... 379,687 Construction Inspection .............................................................................................................. 272,687 Construction Phase-Materials Testing Services(estimate)(MSA Task Order Rock Engineering).............. 107,000 Design and Geotechnical Fees:.......................................................................................................................... 971,627 Engineering Design (Freese and Nichols)........................................................................................ 949,827 Streets................................................................................................................. 565,321 Utilities................................................................................................................ 384,506 StormWater..................................................................................... 256,351 Water.............................................................................................. 54,639 Wastewater...................................................................................... 53,346 Gas................................................................................................. 20,170 GeotechnicalTesting ................................................................................................................. 21,800 Reimbursement Fees and Miscellaneous:............................................................................................................ 411,031 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget)..................................................... 136,344 Engineering Services(Project Mgt/Constr Mgt)............................................................................... 272,687 Misc. (Printing,Advertising,etc.).................................................................................................. 2,000 TOTAL......................................................................................................................................................... 13,549,422 ESTIMATED PROJECT BUDGET BALANCE...................................................................................................... 84,965 NUECES BAY 181 °F N C° SCALE: N.T.S. RR��OR SHIP CHANN CORPUS CHRISTI Qom LEOPARD O a z 44 9q Zp 40k/N 286 358Q MORGPNo� � PROJECT LOCATION CORPUS CHRISTI BAY (D 0Fo Q<v Q S�, o�o�� sAia 00, TEXAS A&M UNIVERSITY Off~ y0<<Y CORPUS CHRISTI O� Q 358 ZZ C Q� �SgRgrOcq��m Q'r� �RO�F o CABANISS69 i OSO BAY Q C FIELD � Q N Qv � �v Q� a° FLO �o 2 358 286 p`S'p Q� L 4 Q z JQ p�F C 0� O Y Q)O� 40 002 2444 wN LOCATION MAP NOT TO SCALE Project Number: E12095 Staples St CITY COUNCIL EXHIBIT Kostoryz Rd to Brawner CITY OF CORPUS CHRISTI,TEXAS Parkway DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering South Staples Street Kostoryz Road to Brawner Parkway BOND 2012, Proposition 1 Council Presentation January 16, 2018 r Project Location Corpus CNr'stl Engineering CORPUS CHRISTI @ N SCALE:N.T.S. PROJECT LOCATION CORPUS CHRISTI BAY d $ °'e OSOreBAY cxreim 4 x�n �Hire ma �g� 9 c FLOUR BLUFF �^ 05 xan X10 2 Project Vicinity �r j Corpus Chr'sti Engineering SCALE:N.T.S. o� � Sega y STAPLES STREET a w„� LL g(aWCQ Qµ�y :u Project Scope i Engineering South Staples Street (Kostoryz Rd to Brawner Pkwy) includes: • Full depth roadway reconstruction of 4 travel lanes and a continuous center turn lane. • New curb &gutter,ADA ramps, pavement markings and signage. • Widened pedestrian sidewalks on both sides (cycle tracks not included because Staples St. is not designated as a route in the Bicycle Mobility Plan) • Traffic signal upgrades at Kostoryz Road,Texan Trail, and Carroll Lane • Utility upgrades for water,wastewater, storm water, and gas(by City crews) • Improved area lighting(illumination) • The Portland Cement Concrete(PCC)bid recommended based staff policy of recommending the PCC alternative if the bid is within$100,000 per lane mile of the HMAC bid (The bid differential is less than$42,000 per lane mile). �d Typical Cross Section 0F���� V Staples Street Kostoryz Road and Texan Trail `s Corpus CNrstl --- (at Ray High School) Engineering EXISTING 72.8' - BACK OF CURB TO BACK OF CURB MMMEMA SIDE GRASS SIDE WALK BUFFER WALK 9.5' 17.8' 10.7' 10.4' 10.4' 19.5' 12.6' 4' PROPOSED 60' - BACK OF CURB TO BACK OF CURB EMMMMERdiiiiii SIDE GRASS GRASS SIDE WALK BUFFER BUFFER WALK fflumENMEM 10' 4.5' 11' 11' 12° 11' 11' 13.5' 8' Typical Cross Section , �,��� p Staples Street UJI, %,ro, 'H Corpus Chr'sti Texan Trail to Brawner Parkway Engineering EXISTING 66' - BACK OF CURB TO BACK OF CURB SIDE GRASS GRASS SIDE WALK BUFFER BUFFER WALK 3.9' 3.9' 13.3' 11.5' 12' 12.9' 12.3' 6.2 4' PROPOSED 60' - BACK OF CURB TO BACK OF CURB SIDE GRASS GRASS SIDE WALK BUFFER BUFFER WALK 118 5' 8' 11' 11' 12' 11' 11' S' 8' (i Project Schedule 1 rte" J Corpus Chr'sti Engineering Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Bid & Construction Award Project Estimate:600 Calendar Days z 20 Months Projected Schedule reflects City Council construction contract award in January 2018 with anticipated construction completion in September 2019. i Staples Street Corpus CNrstl Engineering QUESTIONS? w=� d Staples Street Cross Sections yam.. Corpus Chr'sti Engineering PORTLAND CEMENT HOT MIX ASPHALT CONCRETE (PCC) CONCRETE (HMAC) PRIME COAT GEOGRID Y mlum uum numi�i��u)ouumuioji idnu tial ui ii�mud a Ili��u 800 N.Shoreline Blvd.,Suite :1.6001N m Corpus Christi,Texas 78401 m 361-561-6500 m fax 361-561-6501 to/vA/vA/f C Tl December 15, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469 Re: Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012) City Project No. E12095 Mr. Edmonds: The City of Corpus Christi received five (5) sealed bid proposals for the above referenced project on November 8, 2017 at 2:00 p.m. at the City Secretary's office. The project bid included base bids for both concrete pavement (Base Bid 1) and Hot Mix Asphalt Concrete pavement (HMAC) (Base Bid 2). There is one additive alternate bid included in the project for gas line improvements. Attached are the bid tabulations of the five (5) bid proposals. We have received and reviewed the Statement of Experience of the three (3) lowest bidders and have found them to be satisfactory. All five bid proposals were properly executed and submitted in compliance with the bidding requirements for this project. We performed an analysis of the bids and found one minor mathematical error in the bid proposal submitted by Clark Pipeline Services. This error, however, did not affect the outcome of the low bid result. No other errors or irregularities were noted on the proposal forms. The bid breakdown for the five bidders is shown on the attached Tabulation of Bids, and are summarized below: Bidder Base Bid 1-Concrete Base Bid 2-HMAC Reytec Construction Resources, Inc. $10,715,524.30 NO BID J. Carroll Weaver $12,148,227.56 $10,514,815.07 Bay, Ltd. $12,538,664.23 $10,704,568.12 Haas-Anderson Construction NO BID $11,172,042.70 Clark Pipeline Services NO BID $12,375,002.71 One (1)Additive Alternate is included in the project for the reconstruction and replacement of approximately 5,045 LF of 4" and 6" high pressure gas lines. This alternate, however, is not required as the contract does include provisions for the gas lines to be replaced using City forces. The bid breakdown of Additive Alternate#1 for each of the five bidders are summarized on the following page: December 15, 2017 Page 2 of 2 Bidder Additive Alternate#1 Additive Alternate#1 (Base Bid 1) (Base Bid 2) Reytec Construction Resources, Inc. $1,067,770.00 NO BID J. Carroll Weaver $1,084,977.47 $1,084,977.47 Bay, Ltd. $799,084.00 $799,084.00 Haas-Anderson Construction NO BID $1,072,431.00 Clark Pipeline Services NO BID $969,564.39 Reytec Construction Resources, Inc. is the apparent low bidder for the project based on Total Base Bid 1 (Concrete)with or without Additive Alternate#1. J. Carroll Weaver is the apparent low bidder for the project based on Total Base Bid 2 (HMAC) and Bay, Ltd. is the apparent low bidder for the project based on Total Base Bid 2 (HMAC) plus Additive Alternate#1. Both Concrete and HMAC base bid amounts are within the City's construction budget. Based on the City's evaluation criteria for lane-mile cost, Base Bid 1 (Concrete)would be considered the more cost-effective alternative. There are approximately 5 lane-miles of total pavement surface on this project. The concrete pavement bid is within the$100,000 per lane-mile cost of the HMAC pavement bids. The total base bid amount for concrete pavement is approximately 1.9% higher than the total base bid amount for asphalt (HMAC) pavement. Based on the City's evaluation criteria, Reytec Construction Resources, Inc. is the lowest qualified Bidder either with or without awarding Additive Alternate#1. Based on the bids received, it is recommended that the City not award Additive Alternate#1 as the contract includes provisions for the gas lines to be replaced using City forces. Therefore, FNI recommends that the City award the construction contract for Staples Street—Kostoryz Road to Brawner Parkway (City Project No. E12095)to Reytec Construction Resources, Inc.of Houston, Texas in the amount of$10,715,524.30 for Base Bid 1 (Concrete). If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Nick Cecava, P.E., CFM Attachments: Tabulation of Bids—(Base Bid 1)—Concrete Tabulation of Bids—(Base Bid 2)—HMAC SC o� � v AGENDA MEMORANDUM NORPORp�EO Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting of January 23, 2018 DATE: December 22, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Professional Services Contract Amendment Allison Wastewater Treatment Plant Lift Station and Plant Improvements (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to a professional services contract with Urban Engineering, of Corpus Christi, Texas in the amount of $618,902, for a total restated fee of $912,522, for Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements for design, bid, and construction phase services. (Capital Improvement Program - CIP) PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional services contract amendment for engineering and design improvements at the Allison WWTP. BACKGROUND AND FINDINGS: This project is part of major recapitalization for the Allison WWTP to improve Texas Commission on Environmental Quality (TCEQ) permit compliance and operating efficiencies. This item incorporates the Allison Plant Process Upgrade and Replacement project (E10045) with the ongoing Allison WWTP Lift Station and Plant Improvements project (E10043) to maximize cost efficiencies and minimize construction impacts through a single construction project. The project design and construction schedule was accelerated due to recurring problems with maintaining aging systems and equipment. CIP Description: Allison WWTP Lift Station and Plant Improvements (E10043) The Allison WWTP is in process of undergoing repairs and enhancements to extend major systems and service life of the plant. Recently completed work included repairs/replacement of existing headworks and grit removal equipment. This project provides for design and construction of lift station pumps and piping replacement, new electrical control room, new emergency generator, disinfection equipment replacement, clarifier telescopic valve replacement, new dewatering drain line, east aeration discharge piping modifications, and pre- and post-thickener scum baffle replacement. Allison Plant Process Upgrade and Replacement (E10045) This project provides critical upgrades and replacement of deteriorated equipment and systems at the Allison WWTP to avoid impending failures. This is a comprehensive project to address the major systems at the plant to extend these systems and operations until the next major lifecycle replacement/upgrade. The scope includes the dry pit/wet pit lift station, east and west aeration basins, two final clarifiers, automatic backwash filter, chlorine contact chamber and disinfection system, effluent reuse transfer pump station, aerobic digester, belt press building, blower building and other miscellaneous items. Allison WWTP Background: The Allison WWTP service basin extends from approximately Clarkwood Road to the western limits of the City that includes Calallen. The Allison WWTP was constructed in 1966 and upgraded in 1984. Plant headworks were modified and rehabilitated in 2013. Rated capacity of the plant is 5 million gallons per day (MGD) average daily flow, with current average daily flows of 2.89 MGD. An average of 210,000 gallons per month of plant effluent is used by Coastal Bend Veteran's Cemetery for irrigation. Due to age and poor conditions, the plant continually experiences problems with meeting operational and permit requirements. Planned upgrades are critical to address ongoing safety concerns and operational problems. The Stantec report dated March 12, 2016, indicated the condition as "Poor" and the plant has continued to deteriorate. Project Scope: This item provides for engineering phase services for critical upgrades of all major systems at the plant. Scope of upgrades includes condition assessment, preliminary engineering, and design services for the plant's lift station, aeration basins, clarifier, backwash system, chlorine disinfection system, aerobic digester, thickener, belt press and building, and effluent pumping system. Additionally, the engineer's effort includes nitrification and pollutant evaluation of plant sources to determine effects at the plant as well as any pretreatment alternatives that may be available to minimize impacts to plant treatment and costs. The plant currently experiences periodic high levels of nitrification that directly adversely impact the treatment process and result in discharge permit violations. The plant receives sewage from residential, institutional, commercial and industrial establishments with typical household waste liquid from toilets, baths, showers, kitchens, and sinks draining into sewers. Allison WWTP also receives sewage (industrial effluent) from commercial and industrial establishments that may receive pretreatment within the industrial complex to reduce pollutant load, before discharge to City sewer system. The following summarizes engineering tasks: • Perform nitrification and pollutant analyses by examining chemical analysis data from influent and effluent streams • Evaluate existing treatment processes and permit requirements to develop alternate treatment improvements and plant optimization strategies • Conduct field investigations, assessments, and meet with plant staff to prepare Preliminary Engineering Letter Report • Participate in on-site workshops to evaluate existing operating strategies and alternatives to optimize treatment process, maintenance, and operating costs • Prepare Preliminary Engineering Letter Report detailing recommended improvements and cost estimates • Prepare detailed construction documents for structural, electrical, mechanical, operational, and miscellaneous improvements • Conduct design review workshops • Provide construction administration and technical support • Identify and short-term improvements to enhance TCEQ permit compliance • Prepare and submit to city final As-Built drawings ALTERNATIVES: 1. Authorize execution of professional services contract. (Recommended) 2. Do not authorize execution of professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Urban was selected for this project through Request for Qualifications No. 2014-08 Bond 2014 Proposition 2 Transportation, Parks, and Capital Improvement Projects. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to 2017-2018 Date Current Year Future Years TOTALS Expenditures Line Item Budget 293,600 4,750,400 5,956,000 11,000,000 Encumbered / Expended Amount 293,600 293,600 This Item 618,902 618,902 Future Anticipated Expenditures 4,131,498 5,760,452 9,891,950 BALANCE 0 0 195,548 195,548 Fund: Wastewater CIP No. 06 Comments: N/A RECOMMENDATION: City Staff recommends approval of Amendment No. 2 to a professional services contract with Urban Engineering, of Corpus Christi, Texas in the amount of $618,902, for a total restated fee of $912,522, for Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements for design, bid, and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract PROJECT BUDGET ESTIMATE ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS FUNDS AVAILABLE: Wastewater CIP..................................................................................................... $ 11,0001000 TOTAL FUNDS AVAILABLE.................................................................................... $ 11,000,000 FUNDS REQUIRED: Construction and Contingency Estimate:..................................................................... $ 91257,050 Construction Estimate............................................................................ 8,415,500 Contingency 10%................................................................................. 841,550 Construction Inspection and Testing Estimate:.............................................................. 427,000 Construction Inspection Estimate............................................................. 317,000 Testing Estimate................................................................................... 110,000 Design:................................................................................................................. 618,902 *Original (Urban Engineering).................................................................. 244,020 Amendment No. 1 (Urban Engineering)..................................................... 49,600 Amendment No. 2 (Urban Engineering) THIS ITEM................................... 618,902 Reimbursements:................................................................................................... 501,500 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)...... 200,000 Engineering Services (Project Mgmt/Constr Mgmt)...................................... 300,000 Misc................................................................................................... 1,500 TOTAL................................................................................................................. $ 10,804,452 ESTIMATED PROJECT BUDGET BALANCE.............................................................. $ 195,548 *Contract approved by City Council on December 16, 2014 by Motion No. M2014-174 Odem L4-/ t 1 V SCALE: N.T.S. Doyle ortland NUECES RI PROJECT LOCATION Y ANNAVILLE 7 H co'PRip J U' SHIP CORPUS CHRISTI a LEOPARD O a' N 44z CORPUS CHRISTI 0W 258 INTERNA A RPORT¶O 358 S OROS O Z a 4F%v N T a N CORPUS CHRISTI BAY TEXAS A&M UNIVER CORPUS STY CORPU O� yOkY CS CHRISTI Q 355 Z .f0 t0 MONO FIELD ss Z OSO BAY Q CABA 885 43 0 �o FLO 355 258 P :I �O m 2444 LOCATION MAP NOT TO SCALE Project Number: E10043 Allison Wastewater Treatment Plant CITY COUNCIL EXHIBIT Lift Station and Plant Improvements CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Engineering Allison Wastewater Treatment Plant Lift Station and Plant Improvements Council Presentation January 16, 2018 Project Location Engineering Nyle N SCALE:N.T.S. NUECES MY PNNAVILLE ALLISON WASTEWATER 3 TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS 1 OWN nnI \\\\\\WI 4 CORPUS CHRISTI f' 69 W ro�s c mo 9AY aL� Allison WWTP Service Basin Coao9pus CII st Erugime:ering I � \� ALLISON WWTP 71�\ — F ROFTowe —r a :u Project Vicinity rugineermng N�eCes River scnCC:N.r.s. ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS �Il Vie' D �d Project Scope , Engineering Amends Allison Wastewater Treatment Plant Lift Station and Plant Improvements(E10043) engineering contract to include critical upgrades in Allison Plant Process Upgrade and Replacement(E10045). A summary of major work activities include: • Field investigations and assessments • Perform nitrification and pollutants analysis and impacts to plant treatment processes, operating costs and permit requirements • Participate in on-site workshops to evaluate existing operating strategies and alternatives to optimize treatment process, maintenance, and operating costs • Prepare Preliminary Engineering Letter Report with detailed recommendations and cost estimates • Prepare detailed construction documents • Conduct design review workshops • Provide construction administration and technical support • Identify and short-term improvements to enhance TCEQ permit compliance Project Schedule � Capp C1,si'�r9pineering 20181 Jan Feb Mar Apr Ma Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Ma Jun Jul Aug Sep Oct Nov Dec Bid & IN Award Project Estimate: 720 Calendar Days = 24 Months Projected Schedule reflects City Council award in January 2018 with anticipated completion by December 2019. 6 i corppscl Engine; rmr�g Questions? N i Photos +._✓ i—pps 11, "1 rugineermng �c RUN sq inu CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 2 The City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("City") and Urban Engineering ("Consultant"), agree to the following amendments to the Contract for Professional Services for Allison Wastewater Treatment Plant Lift Station and Plant Improvements (Project No. E10043 Original Contract December 16, 2014 Motion No. M2014-174 $244,020 Amendment No. 1 January 4, 2016 Administrative Approval $49,600 In the Original Contract, Exhibit A, Section I. Scope of Services shall be amended as set forth in the attached Amendment No.2, Exhibit A. In the Original Contract, Section Ili. Fees shall be amended based on the modified scope of services in the attached Amendment No. 2, Exhibit A for a fee not to exceed $618,902, for a total restated fee not to exceed $912,522. All other terms and conditions of the December 16, 2014 Contract for Professional Services between the City and Consultant, and of any amendments to that contract,which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI URBAN ENGINEERING 12 V /17 Jeff H. Edmonds, P.E. Date James L. Urban, P.E. Date Director of Engineering Services Principal 2725 Swantner Corpu's Christi, TX 78404 APPROVED AS TO LEGAL FORM (361) 854-3101 Office (361) 854-6001 Fax jimu@urbaneng.com Assistant City Attorney Date ATTEST City Secretary Date Accounting Unit 4254-064 Account 550950 Activity E10043-01-4254-EXP Account Category 50950 Fund Name Wastewater 2015 K NENGINEERING DATAEXCHANGEIJENNIFERIWASTEWATERIE10D43 ALLISON WWTP LIFT STATION&PLANT IMPROVEMENTSNAMENDMENT NO.MONTRACTICONTRACT-ALLISON W WTP.DOC REV.1011115 EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS AMENDMENT NO. 2 PROJECT NO. E10043 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Coordinate with the City's Project Manager and identify operating departments potential project needs. e) Prepare preliminary opinions of probable construction costs for the recommended improvements. f) Prepare an Engineering Letter Report(20—25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Provide anticipated index of drawings and specifications. g) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. h) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. i) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. C) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans. (as available from City Engineering files). EXHIBIT A Page 1 of 6 Revised November 26,2013 e) Field location of existing city utilities. (A/E to coordinate with City Operating Department) f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey Bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/Y for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the lift stations. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". C) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist& drawing checklist"which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. d) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. e) Provide one (1) set of the pre-final plans and bid documents (100% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. f) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. g) Assimilate all final review comments Upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. h) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision EXHIBIT A Page 2 of 6 Revised November 26,2013 and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. i) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2" for required form. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. EXHIBIT A Page 3 of 6 Revised November 26,2013 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Topographic Survey\Field Investigation. Provide field surveys and investigations, as required for design including the necessary control points, coordinates and elevations of points. EXHIBIT A Page 4 of 6 Revised November 26,2013 2. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances and provide commissioning assistance for and acceptance of the electrical system. 3. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 4. Nitrogen/Process Preliminary Design. Provide analysis for nitrogen removal as described in Exhibit A-1 5. Surcharge Rate Analysis. Provide rate analysis as described in Exhibit A-1 6. Electrical and Instrumentation Standards and Documentation. Provide additional engineering services for the various tasks as described in the Additional Services item of Exhibit A-1. 7. Blower Economic Evaluation. Provide an economic evaluation comparing multistage centrifugal blowers and high efficiency turbo blowers for use at the plant. Evaluate and prepare a 20 year life cycle cost comparing multistage centrifugal representative (existing configuration) to high efficiency turbo blower technology for the process upgrade alternatives developed to meet the current 12 mg/L and the anticipated future 3 mg/L limit for Ammonia Nitrogen. Provide evaluation findings in a technical memorandum. Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activit February 2,2018 Draft ELR Submittal February 12, 2018 City Draft ELR Review February 23, 2018 Draft Nitrogen Prel Submittal March 12, 2018 City Draft Nitrogen Prel Review March 16, 2018 Final ELR Submittal March 30, 2018 Draft Surcharge Rate Analysis March 30, 2018 Final Nitrogen Prel Submittal May 4, 2018 60% Design Submittal May 17, 2018 City Review July 30, 2018 100%Design Submittal August 13,2018 City Review August 27,2018 Final Submittal September 3, 2018 Advertise for Bids September 18, 2018 Pre-Bid Conference October 3, 2018 Receive Bids October 30, 2018 Contract Award November 29, 2018 Begin Construction November 29, 2019 Complete Construction EXHIBIT A Page 5 of 6 Revised November 26,2013 III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Original Amendment Amendment Contract No. 1 No. 2 TOTAL Fee for Basic Services 1. Preliminary Phase $35,000.00 $7,500.00 $60,540.00 $103,040.00 2. Design Phase 150,000.00 32,100.00 265,540.00 447,640.00 3. Bid Phase 8,600.00 1,800.00 14,962.00 25,362.00 4. Construction Phase 38,300.00 8,200.00 68,158.00 114,658.00 Subtotal Basic Services Fees 231,900.00 49,600.00 409,200.00 690,700.00 Fee for Additional Services Allowance 1. Permit Preparation (as applicable) 0.00 0.00 0.00 0.00 2. ROW Acquisition Survey 0.00 0.00 0.00 0.00 3. Topographic Survey\Field 0.00 Investigation 0.00 18,400.00 18,400.00 4. Construction Observation Services 0.00 0.00 0.00 0.00 5. Start-up Services 8,000.00 0.00 7,900.00 15,900.00 6. Warranty Phase 4,120.00 0.00 3,200.00 7,320.00 7. Nitrification/Process Prel. Design 0.00 0.00 56,465.00 56,465.00 8. Surcharge Rate Analysis 0.00 0.00 76,130.00 76,130.00 9. Elect. & Instru. Standards & Doc 0.00 0.00 37,107.00 37,107.00 10. Blower Economic Evaluation 0.00 0.00 10,500.00 10,500.00 Sub-Total Additional Services 12,120.00 0.00 209,702.00 221,822.00 Total Authorized Fee $244,020.00 $49,600.00 $618,902.00 $912,522.00 Council Appvl Admin 12/16/14 1 Approval *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT A Page 6 of 6 Revised November 26,2013 EXHIBIT A-1 CITY OF CORPUS CHRISTI, TEXAS ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS AMENDMENT NO. 2 PROJECT NO. E10043 TASK LIST 1. Develop and submit a draft and then final Engineering Letter Report detailing the proposed improvements. 2. Nitrification Process Preliminary Design: See Exhibit "A-1" Attachment 'A' at the end of this section. 3. Pollutant Surcharge Rate Analysis: See Exhibit "A-1"Attachment 'B' at the end of this section. 4. Develop design plans, in combination with Project #E10043 (one set of plans and specifications for both projects) to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 5. Design the conversion of the existing dry pit/wet pit lift station to a submersible lift station, to include removing the existing building and modifying the existing wet well for submersible pump installation. Also includes cleaning out and provide repairs to the existing wet well, providing one spare pump (not installed), removal of existing motor control centers and providing new motor control centers in a climate control Electrical Control Room. 6. Design improvements to the West Aeration Basins to include replacement of valves, pivot gates, WAS airlift pump, scum trough, stairs and discharge weirs and to convert the basin from coarse bubble to fine bubble aeration. 7. Design improvements to the East Aeration Basins to include replacement of slide gates, WAS scum trough, stairs, discharge weirs and to convert the basin from coarse bubble to fine bubble aeration. 8. Design improvements to the two Final Clarifiers to include complete replacement of clarifier equipment, fiberglass weirs and RAS pump control panel and minor repairs to the metal troughs and access stairs and providing one spare drive as a backup. 9. Design improvements to the Clarifier Scum Pump Station to include replacement of corroded discharge pipes and pump bases. 10. Design improvements to the Automatic Backwash Filter to include replacement with the latest technology for filtering treated effluent. EXHIBIT A-1 Page 1 of 6 11. Design improvements to the Chlorine Contact Chamber and Disinfection System to include new chamber drain system, replacement of chemical tanks and refurbishment of existing control panel shelters. 12. Design miscellaneous minor improvements to the Effluent Reuse Transfer Pump Station and control panels 13. Design improvements to the Aerobic Digester to include the draining and cleaning of the basins and refurbishment of the aeration system. 14. Design improvements to the Thickeners to include replacement of both drive units, repairs to piping and replacement of WAS flow meter. 15. Design improvements to the Belt Press Building to include refurbishment of the two existing belt presses, polymer system and building exterior and replacement of belt press wash water pumps. 16. Design improvements for the refurbishment of the Sludge Drying Beds 17. Design improvements for the refurbishment of the Blower Building structure and replacement of motor control centers. 18. Electrical design improvements to provide a new diesel-powered backup electrical generator for the new motor control centers in the new Plant Lift Station Electrical Control Room and a new diesel-powered backup electrical generator for the new motor control centers in the existing Blower Building. 19. Electrical design improvements for replacement of various failed components (such as run time meters) and to replace/refurbish the existing area lights and task lighting system. 20. Design miscellaneous improvements to include replacement or repairs of buried drain valves, installation of new flow meters, new maintenance building and site grading and sidewalk improvements. EXHIBIT A-1 Page 2 of 6 Additional Services: The following is a description of tasks to be performed under Additional Service No. 9 (as listed in Exhibit A and in the Summary Of Fees). 9. Electrical and Instrumentation Standards and Documentation. 1) Wastewater Standard Electrical Details: Provide engineering services to develop and provide standard electrical systems installation details and specifications specific for wastewater environments and hazardous environments. 2) Power Distribution System Modeling: Provide engineering services to coordinate with the Contractor's vendor the development of the electrical distribution system modeling at the plant using SKM software. The SKM software will be used to provide detailed modeling and analysis of the normal and standby power distribution system. and to develop relay settings, coordination curves, fault current calculations, load flow, and arc flash information for this project. 3) Develop Functional Specification and Control Sequence: Provide engineering services for soliciting from the Utilities Department and confirming the User Requirement Specifications (URS) to define the control system requirements. This includes determining and specifying all configuration parameters, set points, and alarm levels required for the system integrator to achieve correct and optimal operation of the generators at the pump station. Provide engineering services for developing the Detailed Functional Specification (DFS) of the control system. The DFS is based on the URS and is part of developing the Sequence of Operations (SOO). Provide engineering services for developing the SOO of the control system. The SOO is based on the DFS and is intended to assist the Wastewater Department in refining the control system strategy. Upon successful start-up and commissioning, update Detailed Functional Specification and Sequence of Operation, if required, and submit to Owner with Record Drawing documentation. 4) Site Acceptance Testing and Documentation: Provide engineering services required to develop a phased system acceptance plan, testing scenarios, acceptance checklists and sign-off documentation, installation and cutover sequence, and other quality control and acceptance documentation defined in the design phase. 5) Closeout Documentation Services: Provide engineering services required to provide standard as-built documentation, which will include one-lines, electrical plan drawings, network architecture, instrument location plans, detailed instrument loop sheets, instrument specification sheets. EXHIBIT A-1 Page 3 of 6 EXHIBIT A-1 ATTACHMENT A ALLISON WWTP NITRIFICATION PROCESS PRELIMINARY DESIGN FOR ALLISON WWTP PROCESS UPGRADE & REPLACEMENT Project No. E10045 Due to loadings to the Allison WWTP from a meat packing plant and resulting issues with plant operations and meeting TCEQ ammonia nitrogen limits a analysis will be performed to develop alternatives for a solution to this issue. With technical assistance from the sub-consultant of Freese and Nichols (FNI) the analysis will be developed to identify alternatives to improve nitrification compliance at the plant. The project deliverable will be a technical memorandum to the City with alternatives and proposed solution. PROJECT BACKGROUND A. The Allison Wastewater Treatment Plant (AWWTP) was designed in 1983 for an average daily design flow of 5 MGD with effluent parameters of BOD 20 mg/I and TSS 20 mg/I. B. The current TCEQ discharge permit limits are BOD 20 mg/I, TSS 20 mg/I and Ammonia Nitrogen (NH3-N) of 12 mg/I. AWWTP has two permitted effluent outfalls. The first is for the plant itself and has a current NH3-N limit of 12 mg/I and the second is the demonstration project across the river with a current limit of 3 mg/I. There have been periodic NH3-N permit excursions reported. The City no longer discharges to the second outfall because of the inability to comply with the NH3-N limit. C. A meat packing plant located in Corpus Christi, is a significant industrial wastewater discharger in the AWWTP basin. It is believed that this facility, which appears to have limited pretreatment, is a major contributor to the loading at the AWWTP and the NH3-N loading in particular. Flow/loading from the industry includes both meat processing wastes as well as chemicals for treating cowhides and for wash-down. All of this industry's waste discharge at a proximate lift station. The waste stream can be isolated and has daily composite testing results that should be available. STUDY ASSUMPTIONS: A. Future flows to be used for the AWWTP basin are as projected in the 2015 City of Corpus Christi Wastewater Planning Report by Stantec. B. The City has an approved Industrial Pretreatment Program which will reviewed for a possible basis for mitigating the organic and NH3-N loading to the AWWTP. C. NH3-N concentration limit has the possibility to be lowered from 12 mg/I to 3 mg/I at some point in the future. EXHIBIT A-1 Page 4 of 6 PROJECT SCOPE A. Workshop and Meetings: Urban Engineering (UE) shall coordinate meetings with the City staff and UE and FNI shall both attend. 1. Workshop with UE and City, to include AWWTP operations personnel, Wastewater Department leadership, and either separately or jointly with the meat processing facility representative and with City staff related to pretreatment alternatives. 2. Meet with City to review Draft Nitrification Technical Memorandum. 3. Meet with City to review Final Nitrification Technical Memorandum. B. Site Visits 1. Schedule and conduct two site visits, one each to the AWWTP and the meat processing facility. C. Analysis 1. Obtain and review past operations and testing data for the AWWTP and Clarkwood North Lift Station. City to provide data and FNI to analyze. 2. Develop up to four alternatives for meeting current and future loadings and permit limits. It is anticipated that the alternatives will comprise combinations of options which may include: a. Additional pretreatment at the industry b. No additional pretreatment at the industry c. Use of new basins to achieve nitrification d. Use of existing basins with added media or membranes to achieve nitrification 3. Alternative development may involve process computer modeling as deemed appropriate based on data review (a separate line item is provided and will only be invoiced if used). 4. Alternatives will be submitted to City for review and approval. 5. Develop conceptual design and budget level costs estimate of proposed solutions and provide in a draft Technical Memorandum. 6. Meet with City staff to review and discuss the draft Technical Memorandum. 7. Address comments and questions provided by the City staff and submit a final Technical Memorandum. EXHIBIT A-1 Page 5 of 6 EXHIBIT A-1 ATTACHMENT B ALLISON WWTP POLLUTANT SURCHARGE RATE ANALYSIS FOR ALLISON WWTP LIFT STATION AND PLANT IMPROVEMENTS Project No. E10043 Due to loadings to the Allison WWTP (AWWTP) from a meat packing plant and resulting issues with plant operations and meeting TCEQ ammonia nitrogen limits a pollutant surcharge rate analysis will be performed to develop new surcharge rates for conventional pollutants (BOD, TSS and TKN). Technical assistance will be provided from sub- consultant Freese and Nichols (FNI). The project deliverable will be a technical memorandum to the City on the surcharge rate analysis. PROJECT SCOPE A. Pollutant Surcharge Rate Analysis 1. Obtain and review historical data required for the development of surcharge rates such as Industrial Users (IUs) permits and monitoring reports; Operation and Maintenance (O&M) costs of the A WWTP for the last five years; available insurance assessed value of assets or cost information of the construction of the AWWTP, including improvements; number of employees associated with the AWWTP and collection operation; sewer rates, etc. City to provide data. 2. Develop new surcharge rate evaluation criteria and methodology. 3. Calculate new surcharge rates for the following conventional pollutants: Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Total Kjeldahl Nitrogen (TKN). TKN will be used instead of Ammonia-Nitrogen since it is a true measure of the actual Ammonia-Nitrogen in the influent to the plant. The new surcharge rates for the pollutants shall be representative of the actual cost of treatment incurred by the City at the AWWTP. 4. Determine a maximum allowable concentration for BOD, TSS, and TKN in discharges from IUs in order to protect the AWWTP from slug loads. Incorporate the maximum discharge concentration into the new surcharge rate calculation. 5. Prepare a technical memorandum on the surcharge rate analysis with the list of recommended parameters; a description of the surcharge evaluation criteria; surcharge rate methodology; development of new surcharge rates; and maximum allowable discharge concentration for the surcharge pollutants. 6. Address comments and questions provided by the City staff and submit a final Technical Memorandum. B. City Ordinance Update Assist with the update of"Chapter 55 - Utilities, Article XI. - Commercial and Industrial Waste Disposal and Pretreatment" of the City of Corpus Christi City Ordinance to incorporate the new surcharge rates and other changes related to its implementation. EXHIBIT A-1 Page 6 of 6 SUPPLIER NUMBER TO BE ASSIGNED BY CITE PURCHASING DIVISION City of CITY OF CORPUS CHRISTI CorpLis DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering P.O.BOX: STREET ADDRESS: 2725 Swantner Street CITY: Corpus Christi ZIP: 78404 FIRM IS: 1. Corporation ❑ 2. Partnership ® 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "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 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: James L. Urban, P. E. Title: Principal-In-Charge (Type or Print) Signature of Certifyingr Date: Person: December 20,2017 -�-- d— DEFINITIONS a. "Board member.'.:' 7A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.I-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016.3845 Urban Engineering Corpus Christi ,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/19/2016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. E10045 Engineering services for design and construction administration of improvements to Allison W\IVTP. 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Urban Engineering Corpus Christi ,TX United States X 5 Check only it there is NO Interested Party. El 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. XAVIER GAI-VAN MY COMMISSION EXPIRES VW; V February 1,2017 �ignature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me,by the said 35A+Mes t.. u6>'A this the iqA" day of 20 to certify which,witness my hand and seal of office, ( 111-at f o icer a nniniste ng oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032 SC 00 � U AGENDA MEMORANDUM coRPo I Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting of January 23, 2018 DATE: December 21, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Executive Director of Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract La Voila Creek Drainage Channel Excavation, Phase 1 Capital Improvement Program (CIP) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Haas Anderson Construction of Corpus Christi, Texas in the amount of $1,256,389 for La Volla Creek Drainage Channel Excavation, Phase 1 project (Capital Improvement Program). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Haas Anderson Construction of Corpus Christi, Texas for La Volla Creek Drainage Channel Excavation, Phase 1 project. BACKGROUND AND FINDINGS: La Volla Creek is one of the major drainage systems for west side Corpus Christi with approximately 19,534 acres (30.5 square miles) contributing to this creek and ultimately outfalls into Oso Creek. During major storm events, flooding is experienced along La Volla Creek particularly in Las Colonias Subdivision and Greenwood Wastewater Treatment Plant. This project was developed in two (2) phases with Phase 1 limits extending south of the Saratoga Bridge approximately 0.48 miles. Phase 2 is a future project with the limits between the southern end of Phase 1 and outfall of La Volla Creek into Oso Creek (approximately 0.54 miles). This project provides for only Phase 1 construction. CIP DESCRIPTION: La Volla Creek is a natural drainage way that drains into Oso Creek. Several tributaries of La Volla Creek are affected by backwater from La Volla Creek during heavy storms. To mitigate flooding risks in La Volla Creek tributaries and to complete revision requests to FEMA's preliminary FIRMs, this project provides the following tasks: • Establish new hydraulic model for La Volla Creek and tributaries, and if warranted, file FIRM revision requests to FEMA; • Prioritize major ditch improvement projects within La Volla Creek tributaries based on hydraulic modeling results; • Prepare design documents and multiple delivery orders (DO's) —"work orders" to contractors. PROJECT SCOPE: This project clears vegetation and excavates the channel, increasing capacity and lowering surface water elevation of La Volla Creek during storm events. Work includes excavation of approximately 170,000 CY in the overbanks area of La Volla Creek channel, clearing trash and debris out of channel bottom, grading a small ravine and construction of an outfall structure, with options for placement of excess clean material. The bottom of La Volla Creek will not be modified and existing wetlands areas will be avoided. Work requires coordination with United States Army Corps of Engineers (USACE) during design and construction. On November 15, 2017, the City received nine (9) bids as follows: Contractor Base Bid Haas Anderson Construction Corpus Christi, Texas $1,256,389.00 Welch Excavation and Utility Company W 1,326,137.30 inona, Texas Heavy Roadway Construction Services, LLC. 1,389,005.56 Cedar Park, Texas Bilberry Construction, LLC. 1,485,734.70 Houston, Texas Burnside Services, Inc. 1,495,170.00 Navasota, Texas Longhorn Excavation, Inc. 1,794,609.00 Richmond, Texas CPC Interests, LLC. dba Clark Pipeline Services 1,858,164.30 Corpus Christi, Texas Berry Contracting, LP dba Bay, Ltd. Corpus Christi, Texas 2,016,524.00 Jimmy Evans Company Austin, Texas 3,379,800.00 Engineer's Opinion of Probable Cost $1,632,000.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utilities FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable. Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget $1,944,672 $1,944,672 Encumbered / Expended Amount 370,346 370,346 This item 1,256,389 1,256,389 Future Anticipated Expenditures This Project 317,937 317,937 BALANCE 01 0 Fund(s): Storm Water CIP #2 Comments: This contract will result in an expenditure not to exceed $1,256,389. RECOMMENDATION: City staff and Urban Engineering recommend a construction contract be awarded to the lowest responsive and responsible bidder, Haas Anderson Construction, in the amount of $1,256,389 for La Volla Creek Drainage Channel Excavation, Phase 1 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation PROJECT BUDGET ESTIMATE La Voila Creek Channel Excavation, Phase 1 PROJECT FUNDS AVAILABLE: Storm Water Capital Improvement Budget............................................................................. 1,944,672 TOTAL FUNDS AVAILABLE................................................................................................ 1,944,672 FUNDS REQUIRED: Construction:..................................................................................................................... 1,382,028 Construction (Haas Anderson Construction) THIS ITEM............................. 1,256,389 Contingency (10%).................................................................................. 125,639 Inspection and Testing Fees:................................................................................................ 95,418 Construction Inspection (Estimate) 67,418 Construction Materials Testing (TBD) 28,000 Design and Regulatory Fees:............................................................................................... 370,346 Preliminary Design (Urban Engineering)....................................................... 138,000 Design (Urban Engineering)...................................................................... 204,846 Regulatory Compliance -Wetlands (Beiaire Environmental Services) 27,500 Contract Management, Reimbursements and Miscellaneous:...................................................... 96,880 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget).................. 38,380 Engineering Services (Project Mgt)............................................................. 57,500 Misc. (Printing, Advertising, etc.)................................................................ 1,000 TOTAL............................................................................................................................ 1,944,672 ESTIMATED PROJECT BUDGET BALANCE.......................................................................... 0 NUECES BAY 181 SOF N v�TOL SCALE: N.T.S. R CORPUS CHRISTI SHIP CHANN <FOpgRO '� LEOPARD O a z 44 eq PUS CHRISTI 0< �h�iV 286 ERNATI ONAL F PORT ORGP p 358 Q M 9l OC Z � 9��o esti e- `� CORPUS C Q s� °� 3,2� MOgR°�F cO<<iygR SF`s ,-O 0�0�oJ S A O 00�� TEXAS A UNIVERSI o� y0<<Y CORPUS Ori �� 358 ZZ C Q� �SgRgrOcq��m �'r� gRO�F O CABANISS �, i OSO BAY FIELD <v Qv p �v 4 PROJECT LOCATION z 286 °SO QQ° w Z of C <" a O J 0 O 2444 LOCATION MAP NOT TO SCALE Project: E10200 La Volla Creek Drainage Channel CITY COUNCIL EXHIBIT ..... X`' CITY OF CORPUS CHRISTI,TEXAS Excavation (Phase 1) DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering La Volla Creek Drainage Channel Excavation (Phase 1) Council Presentation January 16, 2018 r Project Location Corpus CNr'stl Engineering `CORPUS CHRISM j I V SCALE N.T.S. PROJECT LOCATION CORPUS CHRISTI BAY y OSO BAY Nrs sr C FLOUR BLUFF -P Project Vicinity �r j Corpus Chr'sti Engineering N SCALE: N.T.S. dldt REEK �9d DRAINAGE CHANNEL ��d EXCAVATION(PHASE 1) i m� q� Y Oso Creek :u Project Scope i Engineering This project clears vegetation and excavates the channel increasing capacity and lowering surface water elevation of La Volla Creek during storm events. The work includes: • Excavation of approximately 170,000 Cubic Yards of channel overbanks • Clearing trash and debris out of channel bottom • Grading a small ravine • Construction of an outfall structure • Placement of excess material This project requires coordination with the USACE. No excavation is planned within the channel and existing wetlands will be avoided. d Project Schedule °U� Corpus Chr'sti Engineering 2017 • N D J F M A M J J A S O Bid/ Award Project Construction Estimate � 8 Months Projected Schedule reflects City Council award in January 2018 with anticipated completion in September 2018. UE Job No:42468.01.00 URBAN ENGINEERING November 22, 2017 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED J. H. Edmonds, P. E. City of Corpus Christi P O Box 9277 Corpus Christi,Texas 78469 Subject: La Voila Creek Drainage Channel Excavation-Phase 1 City Project No.: E10200 Dear Jeff: Urban Engineering has received copies of, and reviewed all of the bids submitted for the subject project. We have also received and reviewed the information required in the Statement of Experience submitted by the three low bidders.We have found the bid packages and experience records submitted to be satisfactory.Attached please find a Bid Tabulation and copies of the Statement of Experience for each of two low bidders which submitted experience records. It is the recommendation of Urban Engineering that Base Bid Phase 1 be awarded to Haas-Anderson Construction for a contract total of$1,256,389.00. Sincerely, URBAN ENGINEERING Rhodes C. Urban, P. E., R.P.L.S. RCU/sls xc: Haas-Anderson Construction (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-291439 Haas-Anderson Construction, Ltd. Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/06/201 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Project Number E10200 La Volla Creek Drainage Channel Excavation-Phase 1 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Haas, Darryl Corpus Christi,TX United States X Anderson,Jim Corpus Christi,TX United States X Lamon,Tim Corpus Christi,TX United States X Parish,Jim Corpus Christi,TX United States X Cullen,Drew Corpus Christi,TX United States X Moore,Randall Corpus Christi,TX United States X I 5 Check only if there is NO Interested Party. D 6 A I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. SUZAN T.FIQLANSKY Notary 10 It:#26 2247 ,� J0 V MY commission E101101; xz�� 64/2NMI0 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Swom to and subscribed before me,by the said tw't,U—) Cu_( te_4 this the E day of= Jvtk 20 to certify which,witness my hand and sea]of office. SignaturE(Af officer administering oath Printed name of officer administering oatJ Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting January 23, 2018 DATE: January 16, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities anGQcctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim 2&cctexas.com (361) 826-3169 Brass Fittings Supply Agreement CAPTION: Motion authorizing the City Manager or designee to execute a supply agreement with Ferguson Enterprises Inc., of Corpus Christi, Texas for Brass Fittings for the Water Department in accordance with Request for Bid (RFB) No. 1362, based on the lowest responsive, responsible bid for a total amount not to exceed $144,149.15, with $32,033.00 budgeted in FY2017-18. The term of this agreement is for 36 months. PURPOSE: This is a motion to approve a supply agreement for brass fittings for the Water Department. BACKGROUND AND FINDINGS: The brass fittings will be purchased into warehouse inventory and used by the Water Department for new and replacement installations. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received five responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Ferguson Enterprises Inc. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,800,000.00 $112,116.15 $2,912,116.15 Encumbered / Expended Amount $162,432.05 $0 $162,432.05 This item $32,033.00 $112,116.15 $144,149.15 BALANCE $2,605,534.95 $0 $2,605,534.95 Fund(s): Municipal Court Comments: The initial contract is for an amount not to exceed $144,149.15 for 36 months, with an estimated expenditure of$32,033.00 to be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreements City of Corpus Christi Bid Tabulation Purchasing Division RFP No.1362 Buyer:Michael Gutierrez Brass Fittings forthe Warehouse Department Iises IncTitan&Supply Company,a in LP�WA HD SuWaterworks, CAPP Inc. Ga'eske,Inc. FergusonFer uson Enter . Supply g Inc. Ltd. Corpus Christi,TX Clifton Heights,PA San Antonio,TX Corpus Christi,TX Poplar Bluff,Missouri Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 CURB STOP M.."FIP X FIF EA 108 $37.50 $4,050.00 $61.00 $6,588.00 $56.67 $6,120.36 $35.018 $ 3,781.94 $39.55 $4,271.40 FORDB11-333-NL OR MUELLERMB20283NF 2 CURB STOP 1"PIP X PIP EA 108 $58.35 $6,301.80 $95.00 $10,260.00 $88.08 $9,512.64 $53.285 $ 5,754.78 $61.50 $6,642.00 FORDB11-444-NL OR MUELLER MB20283NG 3 METER STOP WANGLE FX MTR EA 144 $50.35 $7,250.40 $82.00 $11,808.00 $76.03 $10,948.32 $44.781 $ 6,448.46 $53.10 $7,646.40 FORD BA13-332W-NL OR MUELLER MB24265NEFF 4 METER WANGLE STOP FIPXMTR EA 108 $22.70 $2,451.60 $37.00 $3,996.00 $34.26 $3,700.08 $19.515 $ 2,107.62 $24.45 $2,640.60 FORD KV13-332W-NL OR MUELLER MH1465NFEF 5 MET ER ANGLE STOP 1"X1-3/4" EA 144 $62.85 $9,050.40 $102.00 $14,688.00 $94.84 $13,656.96 $58.620 $ 8,441.28 $66.25 $9,540.00 FORD(BA43342W-NL)OR MUELLER(MP24258NEFG) 6 ANGLE METER STOP 1"FIPXMTR EA 60 $75.90 $4,554.00 $123.00 $7,380.00 $114.58 $6,874.80 $66.044 $ 3,962.64 $80.00 $4,800.00 FOrd(BA13-444W-NL)OR MUELLER(MB24265NG) 7 CURB STOP M.."FIPXCTSCOMP EA 144 $42.40 $6,105.60 $69.00 $9,936.00 $64.04 $9,221.76 $41.053 $ 5,911.63 $44.70 $6,436.80 FORD(B41333-NL)OR MUELLER(MP2172NF) 8 CURB STOP I"PIP X CTS COMP EA 60 $65.15 $3,909.00 $106.00 $6,360.00 $98.35 $5,901.00 $62.232 $ 3,733.92 $68.65 $4,119.00 FORD(B41-444-NL)OR MUELLER(MP25172330N) 9 ANGLE MTR STOP M."COM X MTR EA 162 $55.35 $8,966.70 $90.00 $14,580.00 $83.58 $13,539.96 $51.679 $ 8,372.00 $58.35 $9,452.70 FORD BA43-332W-NL OR MUELLER MP2458NEFF 10 ANGLE MTR STOP 1"COMP X MTR EA 120 $83.05 $9,966.00 $135.00 $16,200.00 $125.42 $15,050.40 $77.546 $ 9,305.52 $87.60 $10,512.00 FORD BA43-444W-NL OR MUELLER MP24258NG 11 METER STOP'/."CTS X MTR EA 144 $50.30 $7,243.20 $82.00 $11,808.00 $75.95 $10,936.80 $46.940 $ 6,759.36 $53.00 $7,632.00 FORD B43-444-W-NL OR MUELLER MP24350NF 12 METER STOP 1"COMP X MTR EA 90 $74.35 $6,691.50 $121.00 $10,890.00 $112.23 $10,100.70 $69.394 $ 6,245.46 $78.35 $7,051.50 FORD(B43-444W-NL)OR MUELLER(MP24350NG) 13 COUPLING 1-1/2"CTS X CTS EA 54 $50.95 $2,751.30 $83.00 $4,482.00 $76.95 $4,155.30 $46.343 $ 2,502.52 $54.85 $2,961.90 FORD(C44-66-NL)OR MUELLER(MP15403NJ) 14 COUPLING 2"CTSX CTS EA 54 $68.80 $3,715.20 $112.00 $6,048.00 $103.91 $5,611.14 $63.917 $ 3,451.52 $74.25 $4,009.50 FORD(C44-77-NL)OR MUELLER(MP15403NK) 15 COUPLING M."MIR X MTR EA 825 $7.10 $5,857.50 $12.00 $9,900.00 $10.72 $8,844.00 $6.119 $ 5,048.18 $7.75 $6,393.75 FORD(C38-23-2.5-NL)OR MUELLER(MH10890NF) 16 COUPLING I"MIR XMTR EA 240 $10.90 $2,616.00 $18.00 $4,320.00 $16.51 $3,962.40 $9.415 $ 2,259.60 $11.75 $2,820.00 FORD C38-44-2.625-NL OR MUELLER MH10890NG 17 CORP STOP M."MIR X CTS COMP EA 150 $23.85 $3,577.50 $39.00 $5,850.00 $36.01 $5,401.50 $22.022 $ 3,303.30 $25.70 $3,855.00 FORD F1100-3NL OR MUELLER MP15028NF 18 CORP STOP 1"MIPX CTS COMP EA 300 $36.05 $10,815.00 $76.00 $22,800.00 $54.47 $16,341.00 $33.354 $ 10,006.20 $42.80 $12,840.00 FORD F1100-4NL OR MUELLER MP15028NG 19 CORP STOP 1-1/2"MIR X CTS COM EA 60 $104.00 $6,240.00 $169.00 $10,140.00 $157.03 $9,421.80 $92.583 $ 5,554.98 $107.10 $6,426.00 FORD F1100-6NL OR MUELLER MP25029NJ 20 CORP STOP 2"MIR X CTS COMP EA 90 $172.00 $15,480.00 $286.00 $25,740.00 $259.73 $23,375.70 $156.334 $ 14,070.06 $177.15 $15,943.50 FORD(FB1100-7NL)OR MUELLER(MP25028NK) 21 UBRANCH 1"X W 7.5" EA 54 $35.00 $1,890.00 $54.00 $2,916.00 $49.63 $2,680.02 $28.550 $ 1,541.70 $35.50 $1,917.00 FORD(U48-43-7-NL)OR MUELLER(MP15363NGF712) 22 UBRANCH 1"CXM.."MX 14" EA 90 $61.10 $5,499.00 $93.00 $8,370.00 $99.55 $8,959.50 $53.217 $ 4,789.53 $71.10 $6,399.00 FORD(U48-43-14-NL)OR MUELLER(MP15363NGF1312) 23 COUPLING M."COMP X COMP EA 180 $13.30 $2,394.00 $22.00 $3,960.00 $20.10 $3,618.00 $12.301 $ 2,214.18 $14.35 $2,583.00 FORD C44-33NL OR MUELLER MP15403NF 24 COUPLING 1"CTSCOMPXCOMP EA 144 $15.20 $2,188.80 $25.00 $3,600.00 $23.00 $3,312.00 $13.428 $ 1,933.63 $16.40 $2,361.60 FORD C44-44NL OR MUELLER MP15403NG 25 COUPLING M.."MIPTX COMP EA 216 $10.90 $2,354.40 $18.00 $3,888.00 $16.51 $3,566.16 $10.079 $ 2,177.06 $11.75 $2,538.00 FORD C84-33-NL OR MUELLER MP15428NF 26 COUPLING I"MIR XCTS COMP EA 180 $12.95 $2,331.00 $21.00 $3,780.00 $19.55 $3,519.00 $11.922 $ 2,145.96 $13.95 $2,511.00 FORD C84-44-NL OR MUELLER n/a 27 COUPLING 1"X 1-1/4"MIPTX COMP EA 65 $21.10 $1,371.50 $35.00 $2,275.00 $34.86 $2,265.90 $23.012 $ 1,495.78 $24.90 $1,618.50 FORD(C84-45-NL)OR MUELLER(MP15428NH) 28 COUPLING 1-1/2"MIR X CTS COMP EA 36 $35.45 $1,276.20 $58.00 $2,088.00 $53.57 $1,928.52 $32.943 $ 1,185.95 $38.25 $1,377.00 FORD(C84-66-NL)OR MUELLER(MP15428NJ) 29 COUPLING 2"MIPXCTSCOMP EA 72 $51.70 $3,722.40 $84.00 $6,048.00 $78.04 $5,618.88 $48.004 $ 3,456.29 $55.75 $4,014.00 FORD(C84-77NL)OR M UELLER(MP15428NK) 30 RESETTER5/8"X%"X 7" EA 36 $69.85 $2,514.60 $106.00 $3,816.00 $98.84 $3,558.24 $58.566 $ 21108.38 $69.05 $2,485.80 FORD(V42-7W-NL)OR MUELLER(MH14118NEFW) 31 RESETTER 5/8"X WX 1/2" EA 30 $73.20 $2,196.00 $112.00 $3,360.00 $103.59 $3,107.70 $63.434 $ 1,903.02 $72.40 $2,172.00 FORD V42-12W-NL OR MUELLER MH14118NEF12 32 RESETTER 5/8"X%"X 9" EA 36 $70.70 $2,545.20 $108.00 $3,888.00 $100.04 $3,601.44 $60.464 $ 2,176.70 $69.95 $2,518.20 FORD V42-9W-NL OR MUELLER MH14118NEFY $157,875.80 $261,763.00 $238,411.98 $144,149.15 $168,489.15 se 0 A H SUPPLY AGREEMENT NO. 1362 Brass Fittings for the City Warehouse l 'ayyRppORyyP�'p 1 f.7�G THIS Brass Fittings for the City Warehouse Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Ferguson Enterprises, Inc. ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Brass Fittings for the City Warehouse in response to Request for Bid No. 1362 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Brass Fittings for the City Warehouse 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 36 months. 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 in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $144,149.15, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Robert Presnell Department: Finance Phone: 361-826-1750 Email: RobertPR@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier 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 Supplier 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 Supplier 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 Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and 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 Supplier, 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 Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier 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 Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier 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 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 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. Supplier 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 Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. 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 Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 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 Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 IF TO CITY: City of Corpus Christi Attn: Robert Presnell Title: Store Supervisor Address: 5352 Ayers St. Bldg. 6, Corpus Christi, Texas 78415 Fax: 361-826-3174 IF TO SUPPLIER: Ferguson Enterprises, Inc. Attn: Bryan Steele Title: Sales Address: 221 Junior Beck Dr., Corpus Chrisit, Texas 78405 Fax: 361-289-1968 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'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 SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER 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 SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier 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 Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, 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 Supplier 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. 20. 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. 21. 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 Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier 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. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 SUPPLIER Signature: Printed Name: G,C� Title: , Date: —` CITY OF CORPUS CHRISTI Signature: Printed Name: Title: 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. 1362 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Brass Fittings for the Warehouse Department as outlined in this Scope of Work. The brass fittings are for the main cut-off water to residential homes and businesses. They are installed at the street or alley way of every resident and business in the City. 1.2 Scope of work A. The Contractor shall provide brass fittings, as outlined on the bid/pricing schedule, stamped with the letters "NL" (lead free) and the materials shall comply with American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 60/61 which must be obtained from NSF, UL, or an agency recognized by the Texas Natural Resource and Conservation Commission (TNRCC). In lieu of certified parts, TNRCC's interim order, which would grant the purchase of a different type (that would serve the same purpose) may be acceptable only if no product in that category has been certified. This specification covers various fittings used by the City of Corpus Christi, Texas. The products listed in this specification will be used to restock the Warehouse Department. B. The Contractor will cross reference the City's stock number listed on the bid sheet. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. C. All brass fittings will be defect free, properly packed and shipped to ensure a safe delivery. 1.3 Contractor Quality Control Any fines or other costs imposed on the City by TNRCC, or any successor agency, for accepting non-certified products, will be passed on to and born by the Contractor. 1.4 Special Instructions A. Delivery 1 . Contractor shall ship the materials in a specified time frame dictated by the Department Requestor. 2. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Receipt of products that do not conform to specifications will not be accepted by the City. Page 1 of 2 4. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the set time frame. 5. Cancellations shall be in writing and sent to Contractor by email, fax or mail. 6. No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor's inability to meet the deadline delivery date. B. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. Page 2 of 2 oa S�� Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI v BID FORM /NCappApSEPURCHASING DIVISION �s2 RFB No. 1362 Brass Fittings for Warehouse Department Date: 10-25-2017 Authorized Bidder: FERGUSON 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 Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1 CURB STOP 3/4" FIP X FIP EA 108 $ $ FORD B11-333-NL OR MUELLER MB20283NF 35.018 3,781.94 2 CURB STOP 1" FIP X FIP EA 108 $ $ FORD B11-444-NL OR MUELLER MB20283NG 53.285 5,754.78 3 METER STOP 3/4" ANGLE F X MTR EA 144 $ $ FORD(BA13-332W-NL) OR MUELLER MB24265NEFF 44.781 6,448.46 4 METER 3/4" ANGLE STOP FIPXMTR EA 108 $ $ FORD KV13-332W-NL OR MUELLER MH1465NFEF 19.515 2,107.62 5 METER ANGLE STOP 1" X 1-3/4" EA 144 $ $ FORD(BA43-342W-NL) OR MUELLER MP24258NEFG 58.620 8,441.28 6 ANGLE METER STOP 1" FIP X MTR EA 60 $ $ Ford(BA13-444W-NL) OR MUELLER(MB24265NG) 66.044 3,962.64 7 CURB STOP 3/4" FIP X CTS COMP EA 144 $ $ FORD B41-333-NL OR MUELLER MP2172NF 41.053 5,911.63 8 CURB STOP 1" FIP X CTS COMP EA 60 $ $ FORD(B41-444-NL) OR MUELLER MP25172330N 62.232 3,733.92 Page 1 of 3 Item Description UNIT QTY Unit Price Total Price 9 ANGLE MTR STOP 3/4" COM X MTR EA 162 $ $ FORD(BA43-332W-NL) OR MUELLER MP2458NEFF 51.679 8,372.00 10 ANGLE MTR STOP 1" COMP X MTR EA 120 $ $ FORD(BA43-444W-NL) OR MUELLER MP24258NG 77.546 9,305.52 11 METER STOP 3/4" CTS X MTR EA 144 $ $ FORD(B43-444-W-NL) OR MUELLER MP24350NF 46.940 6,759.36 12 METER STOP 1" COMP X MTR EA 90 $ $ FORD B43-444W-NL OR MUELLER MP24350NG 69.394 6,245.46 13 COUPLING 1-1/2" CTS X CTS EA 54 $ $ FORD(C44-66-NL OR MUELLER MP15403NJ 46.343 2,502.52 14 COUPLING 2" CTS X CTS EA 54 $ $ FORD(C44-77-NL OR MUELLER MP15403NK 63.917 3,451.52 15 COUPLING 3/4" MIP X MTR EA 825 $ $ FORD(C38-23-2.5-NL) OR MUELLER MH10890NF 6.119 5,048.18 16 COUPLING 1" MIP X MTR EA 240 $ $ FORD(C38-44-2.625-NL) OR MUELLER MH10890NG 9.415 2,259.60 17 CORP STOP 3/4" MIP X CTS COMP EA 150 $ $ FORD(F1100-3NL OR MUELLER MP15028NF 22.022 3,303.30 18 CORP STOP 1" MIP X CTS COMP EA 300 $ $ FORD(F1100-4NL OR MUELLER MP15028NG 33.354 10 006.20 19 CORP STOP 1-1/2" MIP X CTS COM EA 60 $ $ FORD(F1100-6141. OR MUELLER MP25029NJ 92.583 5,554.98 20 CORP STOP 2" MIP X CTS COMP EA 90 $ $ FORD(FB1100-7NL OR MUELLER MP25028NK 156.334 14 070.06 21 U BRANCH 1" X3/4" X 7.5" EA 54 $ $ FORD(U48-43-7-NL) OR MUELLER MP15363NGF712 28.550 1,541.70 22 U BRANCH 1" C X3/4" M X 14" EA 90 $ $ FORD(U48-43-14-NL) OR MUELLER MP15363NGF1312 53.217 4,789.53 23 COUPLING 3/4" COMP X COMP EA 180 $ $ FORD(C44-33NL OR MUELLER MP15403NF 12.301 2,214.18 24 COUPLING 1" CTS COMP X COMP EA 144 $ $ FORD(C44-44NL OR MUELLER MP15403NG 13.428 1,933.63 25 COUPLING 3/4" MIPT X COMP EA 216 $ $ FORD(C84-33-NL OR MUELLER MP15428NF 10.079 2,177.06 26 COUPLING 1" MIP X CTS COMP EA 180 $ $ FORD(C84-44-NL OR MUELLER n/a 11.922 2,145.96 27 COUPLING 1" X 1-1/4" MIPT X COMP EA 65 $ $ FORD(C84-45-NL OR MUELLER MP15428NH 23.012 1,495.78 Page 2 of 3 Item Description UNIT QTY Unit Price Total Price 28 COUPLING 1-1/2" MIP X CTS COMP EA, 36 $ $ FORD(C84-66-NL) OR MUEI.LkKMf15428NJ) . 32.943 1,185.95 29 COUPLING 2" MIP X CTS COMP EA 72 $ $ FORD C84-77NQ OR MUELLER(MPI 5428NK) 48.004 3456.29 30 RESETTER 5/8" X3/4" X 7" EA 36 $ $ FORD(V42-7W-NL) OR MUELLER(MH14118NEFW) 58.566 2 108.38 31 RESETTER 5/8" X3/4" X 1/2" EA 30 $ $ FORD(V42-12W-NL) OR MUELLER(MH14118NIEFl?j__ 63.434 .....l.,903.02 32 RESETTER 5/8" X3/4" X 9" EA 36 $ $ FORD V42-9W-NL 60.464 2,176.70.--.- Total 144�149,15 Page 3 of 3 Attachment C: Insurance Requirements Section 5. is null for this Supply Agreement. Page 1 of 1 Attachment D: Warranty Requirements Limited Warranty MUELLER CO. WARRANTS ITS PRODUCTS TO BE FREE OF DEFECTS IN WORKMANSHIP AND MATERIAL UNDER NORMAL USE AND SERVICE AND WHEN USED FOR THE PURPOSE AND UNDER THE CONDITIONS FOR WHICH THEY ARE INTENDED, FOR A PERIOD OF ONE YEAR FROM THE DATE OF SHIPMENT. OBLIGATION UNDER THIS WARRANTY IS LIMITED, AT MUELLER'S OPTION; TO ADJUST, REPAIR OR REPLACE, F.O.B. POINT OF MANUFACTURE, THE DEFECTIVE PRODUCT. PURCHASER MUST IMMEDIATELY NOTIFY MUELLER CO. IN WRITING OF THE CLAIMED DEFECT. MUELLER SHALL HAVE THE RIGHT TO INSPECT SAID PRODUCT AND PURCHASER SHALL, IF REQUESTED, RETURN THE DEFECTIVE PRODUCT TO MUELLER CO. WITH TRANSPORTATION PREPAID. PURCHASER SHALL ASSUME ALL RESPONSIBILITY AND EXPENSE FOR REMOVAL AND REINSTALLATION AND FREIGHT CHARGES IN CONNECTION WITH THE FOREGOING REMEDY. MUELLER CO. SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR PENAL TIES AND DOES NOT ASSUME ANY LIABILITY OF PURCHASER TO OTHERS, OR TO ANYONE FOR INJURY TO PERSONS OR PROPERTY. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED AND IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY. ANY CLAIMS OR SHORTAGES OR DAMAGES MUST BE IN WRITING WITHIN TEN DAYS AFTER RECEIPT OF SHIPMENT. BUYER SHALL NOTE LOSS OR DAMAGE ON TRUCK SHIPMENTS BY PROVIDING A DELIVERY RECEIPT SIGNED BY THE DRIVER. Page 1 of 1 se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting January 23, 2018 DATE: January 16, 2018 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations Department LawM@cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim 2&cctexas.com (361) 826-3169 Service Agreement for Debris Removal for one year not-to-exceed amount of $279,510, with two additional one-year options for a potential multi-year amount up to $838,530 CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with CrowderGulf, LLC of Theodore, Alabama for Debris Removal for the City of Corpus Christi in accordance with Request for Bid (RFB) No. 1372, based on the lowest responsive, responsible bid for a total amount not-to-exceed $279,510, budgeted in FY2017-18; the term of this agreement is for one year with option to extend for up to two additional one- year periods, by mutual agreement, with a total potential multi-year amount of up to $838,530. PURPOSE: This is a motion to approve service agreements for Debris Removal for the City of Corpus Christi. BACKGROUND AND FINDINGS: On June 8, 2017, the City Manager authorized approval for a Debris Collection Contract to assistance the Solid Waste Operations with debris removal of brush and bulky items, due to the above-normal accumulation of debris on right-of-ways. The accumulation of brush and debris can be a hazard to pedestrians, physically challenged citizens, and vehicular traffic when the piles block sidewalks and portions of right-of-ways. This contingency service agreement will provide assistance to the Solid Waste Operations in the event of an above-normal accumulation of debris on right-of-ways. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, CrowderGulf, LLC. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount This item $0 $0 $0 BALANCE $0 $0 $0 Fund(s): Municipal Court Comments: The initial contract is a contingency agreement for an amount not-to-exceed $279,510. Funds for this "as needed" contract will be funded under the General Fund at the time the need arises for these services. The contingency total estimated contract value will be $838,530 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Purchasing Division RFP No.1372 Buyer: Michael Gutierrez Debris Removal for the City of Corpus Christi CrowderGulf, LLC TFR Enterprise, Inc. Young's General Contracting, Inc Theodore,Alabama Leander,Texas Poplar Bluff, Missouri Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Debris Removal of Heavy Brush and Bulky Items EA 36,300 $7.70 $279,510.00 $23.75 $862,125.00 $23.90 $867,570.00 �vs cs SERVICE AGREEMENT NO. 1372 Debris Removal for the City of Corpus Christi 1852 THIS Debris Removal for the City of Corpus Christi Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and CrowderGulf, LLC ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Debris Removal for the City of Corpus Christi in response to Request for Bid/Proposal No. 1372 ("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 Debris Removal for the City of Corpus Christi ("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 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $279,510.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Name: Gilbert Montoya Department: Solid Waste Phone: 361-826-1664 Email: GilbertM@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 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. 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 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. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gilbert Montoya Title: Planner/Scheduler Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Fax: 361-857-1971 IF TO CONTRACTOR: CrowderGulf, LLC Attn: John Ramsay Title: President & CEO Address: 5435 Buisness Parkway, Theodore, Alabama Fax: 251-459-7433 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 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 perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term 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. 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. 20. 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. 21. 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). 22. 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 CONTRACTOR Signature: Printed Name: Ashley Ramsa -Naile Title: Vice President/COO Date: 12-22-17 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: 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. 1372 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A: Scope of Work 1.1 General Requirements The Contractor shall provide Debris Removal as outlined in this Scope of Work. 1.2 Scope of Work A. Scope: This Scope contains minimal general, functional and performance requirements for debris removal. The quantity of work required to complete this contract is estimated at 36,300 cubic yards. The actual effort required may be more or less than the estimated amount and no amount is guaranteed by the City. Contractor shall be given 72 hours for mobilization, after issuance of a Notice to Proceed. Contractor will commence work as describe per scope of work. Debris removal shall be conducted, only at the sole request of the Solid Waste Director, of such areas requiring debris removal services. The Contractor will keep all inspection plans and records evidencing compliance with Federal, State and local regulations throughout the term of the contract. B. Classification: Contractor is to provide all elements for a turnkey maintenance project including, but not limited to, all necessary equipment, labor, supervision, insurance, and safety devices. C. General Requirements: 1 . The Contractor shall collect all brush, bulky items and construction materials as instructed, in designated areas of the City as specified by City staff. Contractor must meet a daily minimum of 2,400 cubic yards collected. City staff will supply directions and boundaries of said collection areas. Contractor shall assure waste hauled under this contract weighs a minimum of 150 pounds (lbs.) per cubic yard. 2. Brush items are defined as such: a.Shrubs b. limbs c. grass clipping d.weeds Page 1 of 10 e. leaves f. Mulch g.tree trimmings. 3. Bulky items are defined as such: a. Indoor/outdoor furniture b. Mattresses c. Boxsprings d. Carpet e. Swing sets f. Plastic swimming pools g. Large toys h. Bicycles i. Aquariums j. Large household appliances k. Small amounts of clean wood waste (clean wood removed of hardware, fasteners, hinges, and paint I. Construction debris resulting from the construction or demolition of structures small, quantities incidental to the load. All debris collected by the Contractor becomes the property of the Contractor and it is the Contractor's responsibility to dispose of such debris in compliance with all local, state and federal requirements. Proof of same (disposal tickets or invoices) shall be provided to the Contract Administrator on a weekly basis. Debris Removal collections areas are mapped on Exhibit A Collection Area Map. D. Dumpsites: The Contract shall dispose of debris at the following landfills: Gulley-Hurst Landfill Cefe Valenzuela Landfill 1435 CR 26 2397 CR 20 Corpus Christi, TX 78415 Robstown, TX 78380 Monday- Friday 8 a.m. to 5 p.m. Monday- Friday 7 a.m. to 6 p.m. Saturday 8 a.m. to noon Saturday 6 a.m. to 6 p.m. Page 2 of 10 E. Safety: Applicable provisions of the following publications shall be incorporated into the specifications for this project: 1 . Texas Manual on Uniform Traffic Control Devices. 2. Texas State Highway Standard Specifications. 3. Occupational Health and Safety laws. 4. Federal, State and Municipal acts, statutes, rulings, ordinances, decisions, and regulations relative to performance of the contract. The importance of safety cannot be over-emphasized. At its sole discretion, the City reserves the right to disallow payment for any work performed where the proper safety precautions were not observed. The safety of the public and the convenience of traffic shall be regarded as of prime importance. Unless otherwise provided herein, all portions of streets shall be kept open to traffic. All equipment and personnel will move in the same direction as traffic always during all cleaning operations. The Contractor shall hire competent drivers and properly train them. Contractor shall investigate the driving records of its drivers prior to and during their employment, and shall ensure that unsafe drivers do not provide services under the terms of the contract to which these specifications apply. Contractor shall maintain strict rules against the use of alcohol, drugs, and other intoxicants by its employees. For the purposes of these specifications, a driver whose driving record reflects the following citations within the last three years shall be deemed an "unsafe driver": a. Moving violations for excess acceleration or reckless driving. b. DWI. Furthermore, in the event an individual providing services for the Contractor during the effective dates of the contract relating to this specification, is convicted of DWI, the Contractor shall immediately prohibit said individual from providing services under the terms of the contract relating to this specification. Page 3 of 10 F. Weather: For the purpose of this contract, the National Weather Service of Corpus Christi, Texas, shall be the weather forecasting and reporting agency. Any forecast by the National WeatherService shall be deemed to extend only 12 hours into the future. 1 . Debris removal operations shall not be conducted when there are climatic conditions present or forecast that would make such operation ineffectual or dangerous. These climatic conditions are termed inclement weather and include, but are not limited to: heavy rains, snow, ice, and sleet. 2. The Contractor may suspend operations during inclement weather. If such suspension occurs, the Contractor shall immediately notify the Contract Administrator. 3. The Contract Administrator shall have the right to order suspension of debris removal operations whenever, in his/her judgment, inclement weather exists or is forecast to occur, such that cleaning operations cannot be carried out in an effective manner. 4. The Contractor shall obtain approval from the Contract Administrator prior to making any alteration(s) to his/her route list due to inclement weather. G. Functional Requirements: 1 .Equipment and Maintenance: The equipment used for debris removal shall be of sufficient type, capacity, and quantity to safely and efficiently perform the debris removal work as specified herein. a. Equipment - Equipment shall consist of mechanical self-loader apparatus, or Grapple trucks, and dump trucks. Any truck used to haul debris must be capable of rapidly dumping its load without the assistance of other equipment; be equipped with a tailgate that will effectively contain the debris during transport thus allowing the truck to be loaded to capacity; and have a label that displays its load capacity. Other types of debris removal equipment, as well as manual labor, shall be provided where Page 4 of 10 deemed necessary and approved by the Contract Administrator. The equipment, tools and machinery shall be at the work-site in good repair and operating condition and approved by the Contract Administrator prior to commencement of work. If at any time, the Contract Administrator determines any equipment is defective to the point that it may affect the quality of the work, that equipment shall be immediately repaired or replaced. b.The Contractor shall provide a list of all equipment (including support equipment) to be used by the Contractor. All such equipment is subject to inspection by and final approval of the City. Such approval may require the Contractor to provide on-site demonstration of the capability of any proposed equipment. The City will allow the Contractor a reasonable lead-time to obtain equipment requisite to provision of the services described herein, however, the Contractor shall commence work with its existing equipment. Prior to commencing work with its existing equipment and within 72 hours for mobilization, after such notification Contractor shall meet with the Contract Administrator to obtain debris removal collection areas requiring service. The Contractor shall secure the Contract Administrator's approval of collection areas requiring debris removal prior to commencing any work described therein. c. All vehicles used by the Contractor must be performance-worthy by visual and operational inspection. The City shall have the right to perform a complete inspection of all vehicles at any time during the term of the contract. Should any vehicle, when inspected, in the determination of the City, not meet those standards the City feels are necessary to provide the services specified herein or to operate safely, the City may require the Contractor to bring such vehicle to standard before the Contractor may return such vehicle to service. d. Maintenance - The Contractor shall provide all necessary maintenance to vehicles under this contract (including fuel, oil, grease, and repairs) as well as inventory of a sufficient supply of replacement parts to ensure the uninterrupted provision of debris Page 5 of 10 removal services described herein. 2. Schedules: Debris removal will be collected at the sole discretion of the Solid Waste Director. Collection areas may be added or deleted. H. Performance Requirements: 1 . Time of Operation: The Contractor shall perform work between the hours of 7:00 a.m. through 6:00 p.m. Monday through Saturday. 2. Debris: Collection and transportation of debris from the collection areas to the disposal site shall be the responsibility of the Contractor. The Contractor shall ensure all debris removal from collection areas (Exhibit A) is removed and loaded onto the dump trucks. Excessive displacement of debris into the atmosphere (dust clouds), or onto the street (debris "windrow") is not acceptable. a. The Contractor shall deposit all debris collected from debris removal contract in compliance with all local, state and federal requirements. The Contractor is responsible for payment of all fees, including, but not limited to: licenses, permits, penalties and citations. The City with pay fees assessed by the designated dump- sites. Copies of disposal tickets will be turned in with each weekly invoice. b. The Contractor shall perform all handwork required to provide an efficient cleaning operation. The Contract Administrator shall have the right to identify for the Contractor those areas where handwork should be performed. c. The Contractor shall be responsible for properly and adequately securing debris on each piece of equipment utilized to haul debris. Prior to leaving the loading site, the Contractor shall ensure that each load is secure and trimmed so that no debris extend horizontally beyond the bed of the equipment in any direction. All Page 6 of 10 loose debris shall be reasonably compacted during loading and secured during transport. Tarps or other covering shall be provided by the Contractor to prevent materials from being blown from the bed during hauls to disposal sites. 3. Definition of Clean: For the purposes of this specification, clean is defined as free from brush and bulky items from a property. No item shall be left on the property including shrubs, limbs, grass clippings, weeds, leaves, mulch, tree trimmings, indoor/outdoor furniture, mattresses, box springs, carpet, swings sets, plastic swimming pools, large toys, bicycles, aquariums, large household appliances, and small amounts of clean wood waste (clean wood removed of hardware, fasteners, hinges and paints). The Contractor shall make every practical effort to attain this level of service. 4. Condition of Streets: At no time does the condition of the street relieve Contractor from debris removal responsibilities. I. Verification of Work: 1 . To verify compliance of work, the Contractor's first load, and then random loads as determined by the Contract Administrator, will be weighed at the City's JC Elliott Transfer Station or Cefe Valenzuela Landfill. City Staff will inspect all loads prior to disposal to determine volume and density. City Staff will assign a percentage filled for each loaded truck and trailer. City Staff and Contractor will agree on the number of cubic yards, based on the percentage that trucks and trailers are filled, that will be billed to the City by the Contractor for each load collected. 2. Within 72 hour of notification by the Solid Waste Director, the Contractor shall meet with the Contract Administrator to review the contract and make any necessary changes to the collection areas and/or Contractor's work plan. Prior to commencing work, all listed routes shall be updated, in writing, by the Contractor, and, as approved by the City, shall thereafter become the basis for: a. The Contractor's collection areas, Page 7 of 10 b. Pounds (Ibs.) per cubic yard of debris removed report, c. The Department's inspection of debris removal, d. The invoicing for per cubic yards collected and e. Payment by the City for services rendered. 3. The Contractor shall not make any subsequent changes or revisions to the collection areas without obtaining the express written consent of the Contract Administrator prior to making such change or revision. 4. The Contract Administrator will monitor, verify, and approve the Contractor's work performance. All debris cleaned by the Contractor must present an appearance that is completely satisfactory to the Contract Administrator, as defined herein in Section VI, C. 5. Any deficiency in the Contractor's performance shall be reported in writing by the City to the Contractor. The Contractor shall correct such deficiencies no later than 24 hours following the Contractor's receipt of such notice. 6. The Contract Administrator shall maintain a daily log of completed work and will verify completion of the Contractor's work with the Contractor once per week. 7. In addition to the procedure for verification of work performed as described herein, the Contractor shall lend to the Contract Administrator, that assistance requested by the Contract Administrator, with respect to verification of work performed. Contractor will maintain detailed written records of work performed during the term of the contract. J. Payment: 1 . Payment for debris removal shall be made based upon the contract unit price per cubic yard collected, upon completion of debris removal. Page 8 of 10 2. Request for partial payment may be made, forwarded to the City for approval, and shall include the following: a. Invoice showing the date, ticket number, unit number, cubic yards collected, percentage given, total cubic yards and an extension in dollars at the quoted price. b. Copy of the collection area map for the invoice period showing the dates for debris removal with signatures of the Contractor's representative. 3. No payment shall be made for any service other than the number of cubic yards of debris collected. K. Performance: 1 . Primary objectives of the debris removal program are: a. Contractor will be responsible for the collection of debris in designated areas of the City, specified by the Contract Administrator. Contract Administrator will supply directions and boundaries of collection areas throughout the contracted time of service. b. The Contractor shall collect heavy and large debris and shall rake loose debris into a pile for final extraction for each collection site. Contractor shall reasonably avoid surface damages to residents' yards, driveways, etc.when performing said service. c. Contractor shall in good faith, load their units with agreed levels of debris in efforts to maximize cubic yards and/or tonnage before each disposal trip to the designated landfill. Contract Administrator will monitor contractors' collection efforts and will assist contractor if required. Contract Administrator may periodically require loads to be weighed at a City facility. d. Inspections shall be performed on a regular basis, as well as spot checks and in response to any complaints received. Page 9 of 10 e. Contract Administrator shall determine the adequacy of debris removal. f. If results of a debris removal are considered to be unsatisfactory, Contractor shall schedule debris removal from the unsatisfactory area(s) at Contractor's expense within 24 hours after notification. g. City reserves the right to withhold payment for missed, incomplete or unsatisfactory debris removal performance. 1.3 Work Site and Conditions Exhibit - A - Collection Map -Brush & Bulky Items 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 10 of 10 Exhibit A ---------------- Legend ........ ..Legend ;Mustang isiaod i8- 4a", C<1Fuua' 1 f r j ChresO clay j@NSh rw,, ?e /j i CCY JItS j.s' F: Y` Nuc'es Say Ni ! 1M Bay AiA AIA AM A, AIB A4 AM Al0 ' 2 A5 AR MA A6 .n 5 {{ i� Awa �,�✓' // /i/ t �� r epz M///l/llylv/;ir lil i /viii r r ./ ✓ \ P �✓OD Vu �� er Padre Island � - � iii ��/� � r r F MarPi 1Cd(la ----- ._ A..Ya,a�n ----------------------- - --------nd811 1 4 ash A Attachment B: Bid/Pricing Schedule �0 CITY OF CORPUS CHRISTI " . ._. BID FORM PURCHASING DIVISION RFB No. 1372 Debris Removal for the City of Corpus Christi Date -10/19/2017 '+ N °100 'uW 'I'°° Authorized 1 Bidder,-'der: r w er Gaffs I I C. ,O 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 c.ons(.alfation, cornrnu6cation, or agreement with any otheir ffid er or coralir ,efitor„ for the pua pose of restriafiijg c or pefifion w0h regard to prices, b. Bidder is an Equal Opportunity Ernpoyer, and the D%sc;osure of k)terest information on file with C° ty°s Purchasing affi(-,,e, purso.jant to the Cede of Or&iancesa is cu_jrrent aril fru,_je, c, Ndder is current with all taxes due and carn pany is i,n good sfar)din ifta all applicable governmental agencies. d. Bidder er ackno ieddes receipt and review of al1 addenda frau, this RF:B. i Pti �'pie�­ Descri tion .. UNIT QTY Urnfi Price Total Price�� 1 Debris Removal of Heavy Brush CY 36,300 $ 7,70 $279,510.00 ------- . and Bulky Items_ ® . - — i i Page 1 of 1 Attachment C: Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management 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 Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 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. Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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. Page 2 of 3 F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to 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. 2017 Insurance Requirements Purchasing Debris Removal 11/14/2017 sw Risk Management Valid Through 09/30/2018 Page 3 of 3 Attachment C: Bond Requirements Section 5. (B) is null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements Section 8. Warranty is null for this Service Agreement. Page 1 of 1 SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of January 16, 2018 "`1852E° Action Item for the City Council Meeting of January 23, 2018 DATE: January 3, 2018 TO: Margie C. Rose, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaBcctexas.com (361) 826-3356 Corpus Christi B Corporation — Certificate of Formation CAPTION: Resolution finding that it is advisable that the Corpus Christi B Corporation be created as a Type B Corporation under the Development Corporation Act of 1979 and governed by chapters 501 and 505 of the Texas Local Government Code, approving Certificate Of Formation for the corporation, and specifying the public purposes which the corporation may further on behalf of the City of Corpus Christi. PURPOSE: The purpose of this item is to adopt a Certificate of Formation for the Corpus Christi Type B Corporation BACKGROUND AND FINDINGS: On November 8, 2016, Corpus Christi voters approve a Type B Sales Tax at the expiration of the Type A Sales Tax — Economic Development Fund. On January 31, 2017 and August 8, 2017 staff gave an overview of the local sales tax programs, and initiated conversation with the council regarding the Type B Corporation. City Council completed appointment of the Type B Board of Directors on December 19, 2017. This item names those Directors in the Certificate of Formation. The Certificate of Formation is the next step to creating the Board. Following the filing of the Certificate of Formation, a first meeting will be called for the Board to adopt By-Laws. Those By-Laws will then come to City Council for approval. These steps must be completed before the levee initiates in April 2018. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms with Council direction on Type B Corporation. EMERGENCY/ NON-EMERGENCY: Non-Emergency Item DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017 - 2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approving the resolution and certificate of formation. LIST OF SUPPORTING DOCUMENTS: PowerPoint —Type B Certificate of Formation Resolution — Creating Type B and Approving Certificate of Formation Certificate of Formation — Corpus Christi B Corporation RESOLUTION FINDING THAT IT IS ADVISABLE THAT THE CORPUS CHRISTI B CORPORATION BE CREATED AS A TYPE B CORPORATION UNDER THE DEVELOPMENT CORPORATION ACT OF 1979 AND GOVERNED BY CHAPTERS 501 AND 505 OF THE TEXAS LOCAL GOVERNMENT CODE, APPROVING CERTIFICATE OF FORMATION FOR THE CORPORATION, AND SPECIFYING THE PUBLIC PURPOSES WHICH THE CORPORATION MAY FURTHER ON BEHALF OF THE CITY OF CORPUS CHRISTI. WHEREAS, it is proposed to create the Corpus Christi B Corporation (the "Corporation") as a Type B corporation under the Development Corporation Act of 1979, Chapters 501- 505 of the Texas Local Government Code (the "Act") to act on behalf of the City of Corpus Christi, Texas (the "City"); and WHEREAS, proposed Certificate of Formation to be used in organizing the Corporation, a true copy of which certificate is attached hereto as Exhibit 1 and incorporated herein, have been developed in accordance with the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council finds and determines that it is advisable that the Corpus Christi B Corporation be authorized and created as a Type B corporation under the Act and governed by Chapters 501 and 505 of the Texas Local Government Code. SECTION 2. The City Council approves the Certificate of Formation as set forth in Exhibit 1, which exhibit is made part of this Resolution for all purposes. SECTION 3. The public purposes of the City which the Corporation may further on behalf of the City shall be those specified in Article IV of said Certificate of Formation, which purposes are found to be public purposes authorized by Chapters 501 and 505 of the Texas Local Government Code. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn CERTIFICATE OF FORMATION OF CORPUS CHRISTI B CORPORATION THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § WE, THE UNDERSIGNED natural persons not less than three in number each of whom is at least 18 years of age and each of whom is a qualified elector of the City of Corpus Christi. Texas (the "City"), which is a duly established city under the Texas Constitution, acting as incorporators of a public instrumentality and nonprofit development corporation (the "Corporation")under the Development Corporation Act of 1979, as amended, do hereby adopt the following Certificate of Formation. ARTICLE L• NAME The name of the Corporation is the Corpus Christi B Corporation. ARTICLE IL• AUTHORIZATION The Corporation is a nonprofit corporation under the Texas Non-Profit Corporation Act (the "Non-Profit Act"), Chapter 22 of the Texas Business Organizations Code, and a Type B corporation under the Development Corporation Act of 1979, Chapters 501-505 of the Texas Local Government Code (the "Act"), and shall be governed by Chapter 505 and other applicable provisions of said Act, as now existing or as may be amended. ARTICLE III: DURATION The period of duration of the Corporation shall be until December 31, 2039. ARTICLE IV: PURPOSE AND LIMITATIONS The Corporation is organized exclusively for the purposes of benefiting and accomplishing the public purposes of and acting on behalf of the City to undertake, maintain, and finance projects authorized through Proposition 1 on the election ballot for November 8, 2016. Said Proposition 1 is described in Section 7 of the City's Ordinance No 030930 (August 16, 2016) and was approved by the voters of Corpus Christi on November 8, 2016. As authorized by the voters of the City, the Corporation may expend monies as follows: (a) 50% of the annual funds may be expended on the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (b) up to $500,000 annually may be expended on affordable housing; and (c) the remainder of the annual funds may be expended for construction, maintenance, and repair of arterial and collector streets and roads. With respect to said projects, the Corporation shall have all the powers of a corporation under Chapter 505 and other applicable provisions of the Act. All actions of the Corporation shall be taken in accordance with the provisions of the Act, with the advice and consent of the Corpus Christi City Council (the "City Council"). ARTICLE V: NO MEMBERS, NONSTOCK CORPORATION The Corporation has no members and is a nonstock corporation. ARTICLE VI: SALES TAX Upon receipt from the City of the proceeds of the sales and use tax imposed under Chapter 505 of the Act, the Corporation may use the proceeds as permitted hereby and by the Act as now existing or as may be amended. ARTICLE VII: AMENDMENT This Certificate of Formation may be amended in accordance with the requirements of the Act. ARTICLE VIII: REGISTERED ADDRESS/AGENT The address of the initial registered office of the Corporation is Corpus Christi B Corporation, City of Corpus Christi,P.O. Box 9277, Corpus Christi Texas 78469-9277. The name of its registered agent at such address is Rebecca Huerta, City Secretary, City of Corpus Christi. ARTICLE IX: BOARD OF DIRECTORS (a) The affairs of the Corporation shall be managed by a board of directors composed of seven persons appointed by the City Council. The term of four of the initial members of the board of directors shall expire July 31, 2018 and the term of the remaining three members shall expire July 31, 2019. Thereafter the term of the directors shall be two years expiring on July 31 of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively unless such service is required to complete an unexpired term. (b) Directors may also serve as Directors for the Corpus Christi Business and Job Development Corporation(the"CCBJDC"). If a Director serves on both the Corporation's board and the CCBJDC's board, the expiration of the Director's term on the Corporation's board shall coincide with the expiration of the his/her term on the board of the CCBJDC. (c) The names and street addresses of the persons who are to serve as the initial directors and the dates of expiration of their initial terms as directors are as follows: NAMES ADDRESSES Expiring July 31, 2018 Lee A. Trujillo 6102 Ayers, Ste. 106, Corpus Christi, TX Randy Maldonado 338 44�h, Corpus Christi, TX Bart Braselton 5337 Yorktown, Ste. lOD, Corpus Christi, TX Leah Pagan Olivarri 3833 S. Staples, Ste. S110, Corpus Christi, TX Expiring July 31, 2019 Scott Harris 500 N. Shoreline, Corpus Christi, TX Gabe Guerra 4211 Ayers St., Corpus Christi, TX John Valls 615 N. Upper Broadway 4616, Corpus Christi, TX Each director is and must be a qualified elector of the City and a resident of the City. Each director including the initial directors shall be eligible for reappointment. Each director shall serve until a successor is appointed. Directors are removable by the City Council at any time without cause. (d) The directors shall serve without compensation but they may be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors shall be filled by appointment by the City Council of a person who shall hold office until the expiration of the term. (e) The board of directors shall elect a president, vice-president, secretary, and any other officers that the City Council considers necessary to serve as executive officers of the Corporation as more specifically provided in the Corporation's Bylaws. The term of each officer's office shall expire on July 31 of each year. The City Manager, or designee, shall serve as executive director of the Corporation and the City Secretary shall serve as assistant secretary to provide administrative support services for the corporation. (f} The board shall conduct all meetings within the boundaries of the City. Meetings of the board of directors are subject to the Texas Open Meetings Act and the Texas Public Information Act. (g) Pursuant to Texas Local Government Code §505.052(c), three of the directors must be persons who are not employees, officers, or members of the governing body of the City. ARTICLE X: ORGANIZERS The names and street addresses of the organizers are NAME ADDRESS Margie C. Rose City of Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 Samuel Keith Selman City of Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 Mark Van Vleck City of Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 ARTICLE XI: CITY COUNCIL APPROVAL The City has specifically authorized the Corporation by Resolution No. to act on its behalf to further the public purposes stated in said Resolution and in this Certificate of Formation and the City has by said Resolution on approved this Certificate of Formation. ARTICLE XII: DIVIDENDS, PROHIBITED ACTIVITIES No dividends shall ever be paid by the Corporation and no part of its net earnings (beyond that necessary for retirement of the indebtedness of the Corporation or to implement its public purposes) shall be distributed to or inure to the benefit of its directors or officers or any private person, firm, corporation, or association, except in reasonable amounts for services rendered. Regardless of any other provisions of this Certificate of Formation, or the laws of the State of Texas, the Corporation shall not(1)permit any part of the net earnings of the Corporation to inure to the benefit of any private individual (except that reasonable compensation may be paid for personal services rendered to or for the Corporation affecting one or more of its purposes), (2) carry on propaganda or otherwise attempt to influence legislation, (3)participate in or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office, or (4) attempt to influence the outcome of any specific public election or to carry on directly or indirectly any voter registration drives. ARTICLE XIII: REMEDY UPON DETERMINATION OF FOUNDATION STATUS If the Corporation is ever determined to be a private foundation within the meaning of Section 509(a) of the Internal Revenue Code of 1986 as amended (the Code) the Corporation 1) shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Code; 2) shall not engage in any act of self-dealing as defined in Section 4941(4) of the Code; 3) shall not retain any excess business holdings as defined in Section 4943(c) of the Code; 4) shall not make any investments in such manner as to subject it to tax under Section 4944 of the Code; and 5) shall not make any taxable expenditures as defined in Section 4945(4) of the Code. ARTICLE XIV: TERMINATION Upon termination of the Corporation, the title to all funds and property owned by the Corporation shall be transferred to the City of Corpus Christi. Margie C. Rose Samuel Keith Selman Mark Van Vleck STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned, a Notary Public, do hereby certify that on this day of personally appeared Margie C. Rose, Samuel Keith Selman, and Mark Van Vleck, who, each being by me first duly sworn, severally declared that they are the persons who signed the forgoing documents as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office the day and year above written. Notary Public, State of Texas Review Type B Corporation Steps to Creation Council Presentation January 19, 2018 Steps to Creating Corporation • Voters Approve Tax • Canvass Election Results • Levy Tax • Appoint Board of Directors • File Certificate of Formation • Organizational Meeting • Adopt By-Laws x Steps to Creating Corporation 1 Voters Approve Type B 2 Canvass Election Results 3 Levy Tax 4 Draft By Laws Draft Certificate of Formation 5 Appoint Board 6 File Certificate of Formation 7 Organizational Meeting Adopt By Laws 8 New Tax Begins Option A :u Next Steps • Council Appointed Type B Board of Directors 12/19/17 • Board of Directors included on Certificate of Formation as approved by Council Resolution 01/23/18 • Certificate of Formation filed with Secretary of State • Board Meetings to approve By-Laws and Elect Officers d SC O U AGENDA MEMORANDUM Public 2 Hearing and First Reading for the City Council Meeting of January 23, 2018185 Second Reading for the City Council Meeting of January 30, 2018 DATE: December 22, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Public Hearing and First Reading for Property at 901 Airline Road CAPTION: Case No. 0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon, Jr.: A change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property is described as being Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street. PURPOSE: The purpose of this item is to rezone the property to allow for the operation of a vehicle sales establishment. RECOMMENDATION: Planning Commission and Staff Recommendation (November 15, 2017) Denial of the change of zoning from the "ON" Neighborhood Office District and the "CN- 1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 7 Against: 0 Absent: 2 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District to allow for the operation of a vehicle sales establishment. The proposed rezoning to "CG-2" General Commercial District is consistent with the adopted Future Land Use Map which calls for commercial uses. However, the proposed rezoning is inconsistent with PlanCC, the Southeast Area Development Plan, and past rezoning decisions. The proposed rezoning is also incompatible with neighboring properties and with the general character of the surrounding area. ALTERNATIVES: 1. Approve the request to the "CG-2" General Commercial District (Requires 3/4 vote) 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to "CG-2" General Commercial District is consistent with the adopted Future Land Use Map which calls for commercial uses. However, the proposed rezoning is inconsistent with PlanCC, the Southeast Area Development Plan, and past rezoning decisions. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinances Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to the property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, November 15, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions, and on Tuesday, January 23, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street (the "Property"), from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (Zoning Map No. 042037), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Sales" as described per the Unified Development Code (UDC). No on-site repair work of any type may be performed. 2. Auto Sales: The auto sales use is limited to no more than twenty-five (25) vehicles for sale at one time. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Speakers: Outside paging, speakers, telephone bells, or similar devices are prohibited. 5. Screening Fence: A standard screening fence with a height of not less than six (6) feet must be located and/or maintained along any property line shared with a residential use. The fence must be installed before a certificate of occupancy is issued. 6. Hours of Operation: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 7. Landscaping: Landscaping must be provided in accordance with the vehicular use area requirements of the UDC. All landscape material must be kept in a healthy and growing condition at all times. All landscape material must be installed before a certificate of occupancy is issued. 8. Signage: No signs are to be installed on Dorthy Street except for the purposes of emergency or directional information. 9. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Dorthy Street. 10.Access: Access to or from Dorthy Street is prohibited. 11.Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 13.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\Council Documents\Ordinance_0717-01_Special Permit_Alrich Enterprises,DBA Richard Sanchez Motors&Ben L.Herndon.docx Page 2 of 4 permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\Council Documents\Ordinance_0717-01_Special Permit_Alrich Enterprises,DBA Richard Sanchez Motors&Ben L. Herndon.docx Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\Council Documents\Ordinance_0717-01_Special Permit_Alrich Enterprises,DBA Richard Sanchez Motors&Ben L.Herndon.docx Page 4 of 4 m 21 22 Q� 4 CN- 1 h a o t, w a 13 r m s 0 16 4 12" 10 94 " SUBJECT] m PROPERTY- 180 17 PROPERTY m h m m 18 6 O - 6 w R� s " _ RS- 6 ^ J� 3 20" v g N 2 - - 9" „ �7 11 CN- ;`15 10 ry 15 a " M19 CAl- HUGO DR m M CN- 1 M „ CIN, - 1 0 Qv O m Q CIN- 1 SH44fyOCK DR M a Date Created:7/6/2017 0 400 M 800 P.,repared By:JeremyM Feet Department of Deveiop'hrent Services 0 CASE: 0717-01 ZONING & NOTICE AREA e ,co<`ygF Fgyo,P RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial �\ `•� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 ^x „ RM-AT Multifamily AT RS-6 Single-Family 6 """^^„„ CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 �,,, \,\• q� CN-2 Neighborhood Commercial RS-TF Two-Family �Fpq CR-1 Resort Commercial RS-15 Single-Family 15yo r CR-2 Resort Commercial RE Residential Estate <�,y\\ `�,, q'�Uc. CG-1 General Commercial RS-TH Townhouse CG-2 General CommercialAgan SUBJECT SP Special Permit Cl Intensive Commercial \• FSS_ CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY RMH Manufactured Home CR-3 Resort CommercialH Historic N FIR Farm Rural BP Business Park y '� '” Oso a Subject Property O Owners ¢ \�`\\\ """'"'*� City Of 1 P Y w.w„„,,, with 200'buffer in favor COtpUS 4 Owners within 200'listed on v Owners LOCATION MAP LL. attached ownership table /�in opposition C11r1St1 Exhibit A Ordinance amending the Unified Development Code ("UDC"), upon application by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to Koolside, Block 6, Lots 24 and 25 less portion to right- of-way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, November 15, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions, and on Tuesday, January 23, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street (the "Property"), from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District (Zoning Map No. 042037), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon,Jr\Council Documents\Ordinance_0717-01_Alrich Enterprises, DBA Richard Sanchez Motors&Ben L. Herndon.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon,Jr\Council Documents\Ordinance_0717-01_Alrich Enterprises, DBA Richard Sanchez Motors&Ben L. Herndon.docx Page 3 of 3 m 21 22 Q� 4 CN- 1 h a o t, w a 13 r m s 0 16 4 12" 10 94 " SUBJECT] m PROPERTY- 180 17 PROPERTY m h m m 18 6 O - 6 w R� s " _ RS- 6 ^ J� 3 20" v g N 2 - - 9" „ �7 11 CN- ;`15 10 ry 15 a " M19 CAl- HUGO DR m M CN- 1 M „ CIN, - 1 0 Qv O m Q CIN- 1 SH44fyOCK DR M a Date Created:7/6/2017 0 400 M 800 P.,repared By:JeremyM Feet Department of Deveiop'hrent Services 0 CASE: 0717-01 ZONING & NOTICE AREA e ,co<`ygF Fgyo,P RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial �\ `•� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 ^x „ RM-AT Multifamily AT RS-6 Single-Family 6 """^^„„ CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 �,,, \,\• q� CN-2 Neighborhood Commercial RS-TF Two-Family �Fpq CR-1 Resort Commercial RS-15 Single-Family 15yo r CR-2 Resort Commercial RE Residential Estate <�,y\\ `�,, q'�Uc. CG-1 General Commercial RS-TH Townhouse CG-2 General CommercialAgan SUBJECT SP Special Permit Cl Intensive Commercial \• FSS_ CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY RMH Manufactured Home CR-3 Resort CommercialH Historic N FIR Farm Rural BP Business Park y '� '” Oso a Subject Property O Owners ¢ \�`\\\ """'"'*� City Of 1 P Y w.w„„,,, with 200'buffer in favor COtpUS 4 Owners within 200'listed on v Owners LOCATION MAP LL. attached ownership table /�in opposition C11r1St1 Exhibit A r . i Zoning Case #0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon, Jr From: "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District To: "CG-2" General Commercial District City Council Presentation January 23, 2018 Aerial Overview t9M�OK, r q BT G /�// Subject Property s iPT yo i �F �74N T t 1 Vicinity Map m i L q{ij 4 i RF`S i i � �x\ Subject Property at 901 Airline Road It >m > . 2 : } \ � w � 6 \ Close-up Aerial ➢, 5%i fu�au)) �IidUl'YN uwiy imf pp ,,.. �„��,i�ia�l��%%%/d%////ll/Il �� 11J �� ";:.✓�ii��l I ,, � ,,%11111111111111I/llllllll��11f1111�1111 �1�,, ,/ lr �� /�`�/��.I�����I���Y� ���� � Ib ��, � ...I�{��I�� •�111,����0irrrrl rYn�v�rfll,,,,,,,, ,,, ,, r , G ��rwi11� i� r�li ,I I Y�� � ylllil Iti f '' � �ili i illllllllllllll��ille + � 1 �� � I��` �+ ��, I ��I VIII lila lila lilil lila ilil r // r rl I �� t1f , ; s s tililtr ti1i1t1t1!! !! !! I 11111111111111�1�11 ! Proposed Site Plan OLEANDER SC:IREENIN, GOf I_H-IAR RCS t 1-01 6 1 OT 25 cr C. aTREARD G:..SLNEFNIG.FEPI,':E�� I OT 24 iuu m n�r+ir'�wses uux —�5?a mttte'Yl'llrtl.fl1w iU,Ytl •••—•,•W—. f / \ Zoning Pattern \C !} / \ � \ � US�} ��\\ »\y� ��!y : Planning Commission and Staff Recommendation Denial of the change of zoning to the "CG-2" General Commercial District in lieu thereof Approval of the "CN-1 " Neighborhood Commercial District with a Special Permit (SP) with the following conditions: Staff Recommendation 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Sales" as described per the Unified Development Code (UDC). No on-site repair work of any type may be performed. 2. Auto Sales: The auto sales use is limited to no more than twenty-five (25) vehicles for sale at one time. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Speakers: Outside paging, speakers, telephone bells, or similar devices are prohibited. w=� Staff Recommendation 5. Screening Fence:A standard screening fence with a height of not less than six (6) feet must be located and/or maintained along any property line shared with a residential use. The fence must be installed before a certificate of occupancy is issued. 6. Hours of Operation: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 7. Landscaping: Landscaping must be provided in accordance with the vehicular use area requirements of the UDC.All landscape material must be kept in a healthy and growing condition at all times.All landscape material must be installed before a certificate of occupancy is issued. 8. Signage: No signs are to be installed on Dorthy Street except for the purposes of emergency or directional information. Staff Recommendation 9. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Dorthy Street. 10. Access: Access to or from Dorthy Street is prohibited. 11. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 12. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 13. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 10 Code Enforcement History DItajl3 D I.,..,ts 1 (0) H it,Ty Task Hi,t,,y 11e, +Sdd- %H,A P,i,t I, openCeA,dz, Development Services C Notified: NINNE I 1A 1H,1,P LOS I 7.2.A IIONU14U�REQUIROEI47 'PScl., 12/20/16 2 a .3 D"I S.DHH T., 12)11�2111 ...... D 1.-121 D-11."IHIEITaeour SPECIA L IP ERHI T I SESD SEE FIR—SIT EZ THAT THE 1st Visit with PROPERT—S WTZONES FGR AUTO SALES. d-) Development Services: 12/22/16 1 S.DH,1.P 11111/1DII 1—p- 111-11111T ITAIII 111T I "'I"III P'r— All-EADT-1 FOR HE.111SO A.AS U S7'E",O"AIRES ael a NZ 1 11 DH,I1P I ISE3j13 t] A.11PISI I,K., P,—Id PROPERTY THE PROPERTY A—DING TO NUECES COUNTY E-1,P H,NS,1 APPUISAL,BET-5 rO DORDTLA HERSECH SOL EVERSSEETS DR Early Assistance Meeting: —111 11RI-1�7.11 1—1� HIS ISF—STS- ISS.-IS I E 1111.IDDR111 3S1612017Faye13116)IM7 3/16/17 7 U"PS, H2O, 0 LIE, 1 1, 1 UDC Requirements Noise: 7 foot Wall �l R % �.. Setbacks: Street: 20 feet r Parking: 1:500 Sf. Gross Floor Area No ADA Spaces On-Site �P Uses Allowed: Retail, Offices, Apartments, Hotels, Restaurants, Storage, Bars, and �,y waoaR Nightclubs Non-Conforming: Dumpsters, Lighting, " Landscaping, Gates/Stacking, and Fill a� , m�p B �� SRAM KD ROC No Certificate of Occupancy 12 PLANNING COMMISSION FINAL REPORT Case No. 0717-01 INFOR No. 17ZN1011 Planning Commission Hearing Date: November 15, 2017 Owner: Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. = Herndon, Jr. Applicant/Representative: Richard Sanchez Motors J 'C: Location Address: 901 Airline Road 5.06 o6 ch Legal Description: Koolside, Block 6, Lots 24 and 25 less portion to right-of- G way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street. From: "ON" Neighborhood Office District and the "CN-1" Neighborhood y Commercial District _ To: "CG-2" General Commercial District NCr Area: 0.54 acres Purpose of Request: To allow for the operation of a vehicle sales establishment. Existing Zoning District Existing Land Future Land Use "ON" Neighborhood Office Vacant and Site and "CN-1" Neighborhood Commercial Commercial Commercial "CN-1" Neighborhood _ North Commercial Commercial Commercial c y "CN-1" Neighborhood C South Commercial Commercial Commercial N c J Drainage, Government and East "RS-6" Single-Family 6 Public/Semi- Permanent Open X Public, and Park Space W Low Density Residential, Commercial and West "ON" Neighborhood Office Professional Medium Density Office, Residential and Vacant Area Development Plan: The subject property is located within the boundaries cof the Southeast Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Future Land Use Map which calls for commercial uses. 0 > However, the proposed rezoning is inconsistent with PlanCC, the Southeast 06 Area Development Plan, and past rezoning decisions. 0. Map No.: 042037 2 Zoning Violations: Case V078127-122016. The vehicle sales establishment o is an unpermitted use in the "CN-1" Neighborhood Commercial District and has Q not ceased operation despite notification by code enforcement on 12/21/16 and citation on 3/13/17. Staff Report Page 2 c Transportation and Circulation: The subject property has approximately 126 feet of street frontage along Airline Road which is designated as an "Al" Minor c Arterial Undivided Street, approximately 211 feet of street frontage along _- Gollihar Road which is designated as an "C3" Primary Collector Street, and N = approximately 65 feet of street frontage along Dorthy Street which is ca designated as an Local/Residential Street. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type 95' ROW 90' ROW 26,274 O Airline Road "A1" Minor Arterial 64' paved 64' paved ADT (2013) i75' ROW 80' ROW 10 765 Gollihar Road "C3" Primary Collector50' paved 47' paved ADT (2015) Dorthy Street Local/Residential 50' ROW 48' ROW N/A 28' paved 26' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District to allow for the continued operation of a vehicle sales establishment. Development Plan: The subject property is comprised of 0.54 acres and has been operating illegally as a vehicle sales establishment. Existing Land Uses & Zoning: The subject property is currently "ON" Neighborhood Office District and "CN-1" Neighborhood Commercial District and is a vacant lot and a former retail establishment (Tropical Shade and Shutter). To the north are retail, restaurants, and single-family residences. To the east are single-family residences, Cullen drainage ditch, park land, and fire station 11. To the south are retail services along Airline Road and single-family residences along Dorthy Street. To the west are professional offices. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "CG-2" General Commercial is consistent with the Future Land Use Map. However, the proposed rezoning is inconsistent with the following policies of the Southeast ADP and PlanCC: Staff Report Page 3 • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage a well-integrated development plan that protects existing residential neighborhoods when conversion of residential use to higher intensity use occurs; (Policy Statement f.). • In Table 1, Future Land Use Suitability, the "most suitable land use" column indicates those land uses least likely to cause negative impacts to the surrounding area and which most directly benefit the public health, safety, and welfare of the community. Uses described as "also acceptable" might be permissible, but they are likely to be negatively affected by the most suitable use or surrounding uses unless steps are taken to buffer negative impacts. Steps should be taken to prevent negative impacts and promote sensitive design (Policy Statement B.12). • Much of the area along Airline Road between South Padre Island Drive (SPID) and South Staples Street is transitioning from residential, office, and neighborhood commercial use to a more intensive commercial use. As this transition occurs the City will encourage the most intensive nodes of commercial development at the intersection of SPID and Staples Street. Between these high intensity nodes of commercial development the City will encourage a transition to a combination of unrestricted neighborhood commercial uses and some limited general commercial uses (Policy Statement B.12). Department Comments: • The proposed rezoning is incompatible with PlanCC and the Southeast Area Development Plan. The proposed rezoning is also incompatible with neighboring properties and with the general character of the surrounding area. • The "CG-2" District opens the possibility of more intense commercial uses such as Mini-Storage, Bars, and Night Clubs adjacent to single-family residences. • No "CG-2" General Commercial District properties exist on Airline Road between South Alameda Street and McArdle Road. • Several rezonings have occurred along this portion of Airline Road since 1974. No rezonings have been granted for the "CG-2" General Commercial District. • Three Special Permits (SPs) have been granted along Airline Road between South Alameda Street and McArdle Road. The first in 1987 for the Crossroads Shopping Center (Catfish Charlie's). The second in 2001 for House of Cars which limits the number of cars that can be sold (11 cars). The third in 2004 is for Airline Motors which limits the number of cars that can be sold (14 cars). Currently, both Special Permits for vehicle sales are in nonconformance at last check on Friday, July 14, 2017. House of Cars has 14 vehicles posted for sale and Airline Motors has 24 vehicles for sale. Mr. Sanchez's unpermitted vehicle sales establishment (Sanchez Motors) has 32 vehicles posted for sale. Staff Report Page 4 • Despite the notification by the City's Code Enforcement Department, Sanchez Motors has continued to operate with several non-conformities with the Unified Development Code (UDC) and without a Certificate of Occupancy. Planning Commission and Staff Recommendation (November 15, 2017)- Denial 5, 2017):Denial of the change of zoning from the "ON" Neighborhood Office District and the "CN- 1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Sales" as described per the Unified Development Code (UDC). No on-site repair work of any type may be performed. 2. Auto Sales: The auto sales use is limited to no more than twenty-five (25) vehicles for sale at one time. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Speakers: Outside paging, speakers, telephone bells, or similar devices are prohibited. 5. Screening Fence: A standard screening fence with a height of not less than six (6) feet must be located and/or maintained along any property line shared with a residential use. The fence must be installed before a certificate of occupancy is issued. 6. Hours of Operation: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 7. Landscaping: Landscaping must be provided in accordance with the vehicular use area requirements of the UDC. All landscape material must be kept in a healthy and growing condition at all times. All landscape material must be installed before a certificate of occupancy is issued. 8. Signage: No signs are to be installed on Dorthy Street except for the purposes of emergency or directional information. 9. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Dorthy Street. 10.Access: Access to or from Dorthy Street is prohibited. Staff Report Page 5 11.Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 13.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Number of Notices Mailed — 20 within 200-foot notification area = 5 outside notification area 0 As of October 13, 2017: a= In Favor — 1 inside notification area o — 0 outside notification area Z In Opposition — 1 inside notification area CL — 0 outside notification area Totaling 1.43% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\PC Documents\Staff Report_0717-01_Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr.docx m 21 22 Q� 4 CN- 1 h a o t, w a 13 r m s 0 16 4 12" 10 94 " SUBJECT] m PROPERTY- 180 17 PROPERTY m h m m 18 6 O - 6 w R� s " _ RS- 6 ^ J� 3 20" v g N 2 - - 9" „ �7 11 CN- ;`15 10 ry 15 a " M19 CAl- HUGO DR m M CN- 1 M „ CIN, - 1 0 Qv O m Q CIN- 1 SH44fyOCK DR M a Date Created:7/6/2017 0 400 M 800 P.,repared By:JeremyM Feet Department of Deveiop'hrent Services 0 CASE: 0717-01 ZONING & NOTICE AREA e ,co<`ygF Fgyo,P RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial �\ `•� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 ^x „ RM-AT Multifamily AT RS-6 Single-Family 6 """^^„„ CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 �,,, \,\• q� CN-2 Neighborhood Commercial RS-TF Two-Family �Fpq CR-1 Resort Commercial RS-15 Single-Family 15yo r CR-2 Resort Commercial RE Residential Estate <�,y\\ `�,, q'�Uc. CG-1 General Commercial RS-TH Townhouse CG-2 General CommercialAgan SUBJECT SP Special Permit Cl Intensive Commercial \• FSS_ CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY RMH Manufactured Home CR-3 Resort CommercialH Historic N FIR Farm Rural BP Business Park y '� '” Oso a Subject Property O Owners ¢ \�`\\\ """'"'*� City Of 1 P Y w.w„„,,, with 200'buffer in favor COtpUS 4 Owners within 200'listed on v Owners LOCATION MAP LL. attached ownership table /�in opposition C11r1St1 Persons with disabilities planning attend this meeting, who may require spy% iI services, are , Aed„ryt ”contact- the n �nt to contact the Development Services Department at least 48 hours in advance at (361)826-3240. Personas con incapacidades, clue ienen lay intencian de„a1 :o 48 horas antes de la iunta Ilamando al denartamento de servicios de desarrollo, al numero (361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al d rtamenq de servicios de dl rr it al n'm ro 61 26-324 I menos 48 horas antes de la junla pAra solicitar un interarete ser nresente durante la junta. CITY PLANNINGCOMMISSION PUBLIClNOTICE Rezoning ase No. 0717-01 Allrich Enterprises Inc., Q/B/A RichardSanchez Motors and Ben L. Herndon Jr. has petitioned the City of Corpus Christi to consider a change of zoning from the "ON” Neighborhood Office District and the "CN-111" Neighborhood Commercial District to the " -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: oolie, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 2 , located at the intersection of Airline Road and Goillhar Road, north of McArdle Road and south of South Alameda Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 26, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p. ., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PRDPE"RTY OWNERS)-AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P, 0, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance--with Planning Gommission y-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter. Printed Name: „TM w ' Address: � � � rLz- X. City/State: Ine.R P&r O1 ef'17'11__ IN FAVOR ( } IN OPPOSITION Phone: .aro Z- 76 S-- r/3 '"' REASON: n Y S " . y ell Signature SEE GAAP ON REVERSE SIDE Case No.0717-01 INFOR Case No.� 172 1011 Project Manager Andrew Dimas Property Owner I M 5 Email:AndrewD2@cctexas.com l�l l4 llu��llll ill {li i�l U E �,>fofr111! II e'",A�fl e U f q e1 1"Il rch a '^ IJl Y ��Ilw �Po l 1 )rcf�`I V ��If�11 1 i r'nniuuuuunuui1110iicm�m'AM,rii . .....ii...........i ' mO1�NNGik�WgCi,'rimmmm✓�uUri�ror b)�fIm" �mrum: rm��A rirrrrrrrrrrlririrrrrrrrrrrr City of Corpus Christi i ir�°��ppabanlul��lrpZI 7,14,'1I(V 2 Development Services Dept. 02 �^ S'1)00.46­ 0, ) 04 ­(ID , 113 0 a fl 1, 11.,. 14 ,"01-', P.U. Box 9277 Corpus ris i,Texas 78469 5 400200060220 HAXTON GARY W AND IRIS S 734 Burkshire Dr Corpus Christi,TX 78412 M , CN-4 I �.. �« aw n+ i1i),1 i—Ij i IhI r; up 31 flY e� r p t rJ - PROPERTY", ._. Po w I �I N_ t CNN HU 0 DR CH_ �� �� 11 I •p. F I I 0 r 6 C I ,... _. " _P /////PIIS!"////////// ^PIPIIIIIIIIIIIII .NIJ fWIR�/.Vdrd"/I'pUld.'�wpMi + �_ I, AWPo YtLIW IbYkfa"AbWWNahI'NR°. .�mmvw Alq, w CASE'OWN 0717 SUBJECT PROPERTYWITH ITH 'ONII gpe"), XVII,% plgA W%UWp%kI U � UNm UI II�611�ux�cear0.a lUall� .nn, ...... f^'� � � I iWINWR NA&dlly6fl' IIU Ik �Powrt �P� PI UWP pIIW IAI%tN�� k IW0.PUY IIA NM1PvnMI Ilmmm..Rl uum'mq J M4fld IMMeNml MduwMMI LNPPdk 11 114,E fl19 WNW F.wv 110 IP'aRm yoJ � "'� ria• yr- m'uu n ua�urm�nwm�'wmm m r u mlm tt&qfu unwro �tl'W �'� cul h',°j �" r„Pu'M un lup slm roawwra lc P¢ ulr 1m Ta-ll:nlmm+gyp . 1A,SUBJECT cm a WWW a fl� 6 r Ir ,vp 7k, N11 PROPI CIW7 IWronwMW IX',.aNUdo WnI0.U:ptl Ifltlff IW IP nhII�QVI[mmw r� I`r q ICma v,C IIA Ilill:b llUX URrUI II dl�uumw ' IG ""A WWII H d"IArmm ImW WIPoII AM1II WIWWAIIW-IU'U NPoP71 p Ilpml Pm,rWmmaa ull Id'M . d"auW 0.'ll��n Wwmm H`m a �d .Ip ICUN p IUlmnuA fa4mm u X aWll.mll - IIVIII&P� Il On duuWwn%d4vuWlW dMo.. J� w:iy Po':wlµ m carpuIs uuaImwnlr,uWwwwmi� ... LOCATION MAP, Printed Name: -\ a.v\c—/ -Th oss \ i tkA, Address: ( ) IN FAVOR ( IN OPPOSITION cityistate:f, Dry,• Phone: 11q - D- j:,2— REASON:"Th E., e. a+ .1 ± ion , .-42 as kt 0 Lt ft(-,c n -,t-ii-Q--Irqa r -a 5 e 1 ( i 1 0_ • v-vd2 I A 4 , t.,.. +La (9 r o US na i flc:t.,(-.y Qi . I i 2 v‘.. -t i - —1,-- cc) ry., or\ „ay..; CI /C) y r Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1011 Property Owner ID: 19 Case No. 0717-01 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com .mus cgA, 60 `°4s AGENDA MEMORANDUM First Reading for the City Council Meeting of January 9, 2018 NoRPUNAESecond Reading (Tabled)for the City Council Meeting of January 16, 2018 1852 Second Reading for the City Council Meeting of January 23, 2018 DATE: November 6, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG@cctexas.com (361) 826-3268 Amending the Code of Ordinances to Allow a Third-Party Inspection Reporting System CAPTION: Amending Corpus Christi Code of Ordinances, Sections 14-281 & 14-291 authorizing third-party inspection reporting system for backflow preventers; authorizing the execution of a one year agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system, with the option to renew annually with City Council approval; and providing for penalties and publication. PURPOSE: In accordance with the adopted Plumbing Code of the City of Corpus Christi, the City of Corpus Christi Development Services Department requires annual test and maintenance (T&M) certification reports for all backflow assemblies, with the exception of residential irrigation backflow assemblies which are required to be tested and certified every three years. We propose to have State licensed Backflow Assembly Testers upload T&M certification reports for backflow assemblies into the Brycer database for review and approval by Development Services staff. Brycer will be responsible to maintain the database and send written notifications to Owners of backflow assemblies when T&M certification reports are due. BACKGROUND AND FINDINGS: The City of Corpus Christi Fire Department recently entered into a contract with Brycer, LLC to provide database management services for all annual fire inspection reports. Many of these businesses are required to have annual T&M certification reports, similar to those required by the Fire Department. We desire to use Brycer to align with the Fire Department thereby providing a single entity for database report management consistency. The existing City backflow assembly database tracks approximately 15,000 individual devices. Department administrative staff upload information from each T&M certification report, manage the database and send written notifications to Owners of each device. Third party contracting with Brycer for database management and written notification to Owners will reduce the administrative burden on Department staff and allow existing staff to be reassigned to other Department functions. ALTERNATIVES: Maintain current City database and notification process using Department staff. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval of ordinance to allow for a third-party inspection reporting system. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Legal Department Purchasing Department FINANCIAL IMPACT: ❑ Operating 0 Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $120,000 Encumbered / Expended Amount This item $78,000 BALANCE $42,000 Fund(s): 4670 — Development Services Comments: We do not anticipate the loss of revenue to significantly impact our operating budget. RECOMMENDATION: Staff recommends approval of this ordinance to execute a contract with Brycer, LLC to allow for a third-party inspection reporting system. LIST OF SUPPORTING DOCUMENTS: Ordinance and Contract Ordinance Amending Corpus Christi Code of Ordinances, Sections 14-281 & 14-291 authorizing third-party inspection reporting system for backflow preventers; authorizing the execution of a one year agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system, with the option to renew annually with City Council approval; and providing for penalties and publication. WHEREAS, Corpus Christi Development Services Department is currently responsible for tracking the inspection, testing, and maintenance of Backflow Prevention Assemblies within the City of Corpus Christi. Annual testing and maintenance (T&M) certification reports for all backflow assemblies, with the exception of residential irrigation backflow assemblies, are required to be tested and certified annually. WHEREAS, third party providers can provide simple internet based tools that Development Services can use to track and drive code compliance, comply with Texas Commission on Environmental Quality regulations, provide a safer community, and facilitate a more efficient review, tracking, and follow-up process with occupants to correct deficiencies and maintain systems. WHEREAS, Backflow Prevention Assemblies require annual testing and inspection for all Commercial and Residential devices with the exception of Residential Irrigation Backflow Prevention Assemblies which are required to be tested and inspected every 3 years. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Corpus Christi Code of Ordinance, Division 7, Plumbing Code Section 14- 281 (11), subsection 312.10.1 is amended by adding the following language that is underlined ( c ) and deleting the language that is stricken ( e'e�) as delineated below: 312.10.1 Inspection and Testing. Residential irrigation backflow prevention assemblies shall be tested at time of installation, immediately after repairs, and at least once every three years. Reduced pressure principle backflow preventer assemblies, double check-valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, and spill proof vacuum breakers that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. All testing and certification shall be performed by a state-licensed Backflow Prevention Assembly Tester. The Backflow Prevention Assembly Tester must file an original copy of the initial test certification and each annual certification with the building official within ten (10) days of the testing. The testing procedure shall be performed in accordance with one (1) of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 1 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1 . "I'll,Il'll,lIellI OUl61ng gode gffi6aIla may gtHlze a Hhrd.. !ly nspeg[l0111 repgu,fing §y§1g!n for Hie J2 ec ,ii, 2 2�..........2212 29 Section 2. The Corpus Christi Code of Ordinance, Division 8, Residential Code, Section 14-291(12) subsections P2503.8.1 is amended by adding the following language that is underlined (Laddod) and deleting the language that is stricken (de4e�) as delineated below: P2503.8.1 Testing and certification of backflow devices. The owner of any reduced pressure principle backflow preventer, double check-valve assembly backflow preventer, double-detector check-valve assembly backflow preventer, or pressure-type vacuum breaker assembly backflow preventer must have the backflow device tested and certificated by a Backflow Prevention Assembly Tester before a backflow preventer is placed in service and annually thereafter to ensure its proper operation. The Backflow Prevention Assembly Tester must file a copy of the initial and each annual certification with the building official within ten (10) days of the testing. IIhe ouHd,,i I.................22"d 2.................2ffJ'C'l a,Il.................rn,ay.................�:11,il�ze a HILJ122 q,Y "I'lI'llI'll'll""I'll""I'll",'ll""I'll""I'll",'ll"'llI'llI'll""I'll",'ll""II.................. ills 2eg[�o In repg�,fing §y§tern for Hie p�,escijbed recoiJk2eam: Section 3. The City Manager or designee is authorized to execute a one year agreement with the option to renew annually with City Council approval with Brycer, LLC of Warrenville, IL for a third-party inspection reporting system with option to terminate with notice at least 90 days prior to renewal. Section 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. Section 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. Section 6. This ordinance takes effect after official publication. Section 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor BRYCER,LLC 4355 Weaver Parkway Suite 330 Warrenville,IL 60555 July 28, 2017 City of Corpus Christi Cross—Connection Control&Backflow Prevention 2406 Leopard St Corpus Christi, TX 78408 Attn: Mr. Gene Delauro Re: "The Compliance Entine" Dear: Mr. Delauro We look forward to providing you with "The Compliance Engine" (the "Solution"). This proposal letter provides the basic terms by which Brycer, LLC (`Brycer") will provide you, City of Corpus Christi Cross — Connection Control & Backflow Prevention ("Client"), with the Solution. The use of the Solution and all matters between Brycer and Client will be subject to the standard "Terms and Conditions" attached to this proposal as Exhibit A. The basic terms are as follows: 1. Term: Brycer will provide Client with the Solution for one year, commencing upon execution (the "Initial Term"). This Agreement includes an option to renew annually with City Council approval. Thereafter, an option to renew may be terminated by Brycer in writing at least 90 days prior to the expiration of the then current Term (each, a "Renewal Term" and together with the Initial Term, the "Term"). Following the expiration or termination of the Term (as provided in the Terms and Conditions), Client shall stop using the Solution; provided, however, Brycer shall make available, and Client shall have the right to download, Client's data from the Solution for a period of 60 days after the expiration or termination of the Term. Client shall have the right to terminate this agreement upon giving 90 days written notice to Brycer. 2. Fees: Client shall not pay any fees for use of the Solution. Brycer will collect $20 Backflow prevention device test filing fee established by Corpus Christi Code of Ordinance 14-1313 due and payable by third party inspectors in connection with activities relating to the Solution (the "device test filing fee"). Upon receipt of a device test filing fee, Brycer will remit to Client the amount by which such device test filing fee exceeds the amount of$13.00 due and payable to Brycer in connection with such third- party inspector's use of the Solution, which may be amended from time to time upon the written agreement of Brycer and Client. Brycer will remit payment to Client on a quarterly basis. Upon amendment of City Ordinance 14-1313, Brycer will adjust the amount collected to the amount provide by City ordinance. 3. Brycer Responsibilities: During the Term, Brycer shall be responsible for the following in connection with Client's use of the Solution: • Availability. Brycer shall make the Solution available to Client as set forth on Exhibit B. The maintenance schedule and minimum service levels for the Solution are set forth on Exhibit B. 2232885/3/13399.000 • Service Level. Brycer shall provide commercially reasonable levels of customer service with respect to the Solution to all third parties who transact business with Client and access the Solution. • Backup. Brycer shall backup the database used in connection with the Solution to a separate server located within the same web hosting firm which the Solution is being hosted on a real time basis. Upon request by Client (which can be no more than once a month) or made prior to or within 60 days after the effective date of termination of the Term, Brycer will make available to Client a complete and secure (i.e. encrypted and appropriately authenticated) download file of Client data in XML format including all schema and attachments in their native format. Brycer shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Client data. Brycer shall not (a) modify Client data or(b) disclose Client data except as required by law. • Retention of Information. Brycer will maintain all information entered into the database by third party inspectors for at least five (5) years from the time such information is entered into the database. • Notices. Brycer will be responsible for generating and delivering the following notices to third parties in connection with the Solution: (a) reminders of upcoming inspections that are due; (b)notices that an inspection is past due; and(c) notices of completed inspection reports which contain one or more deficiencies. • Call Center Phone calls by Brycer on behalf of the Client to the property for EACH life-safety system overdue for service based on dates automatically tracked within the TCE database. Brycer is not an agent of the Client and all scripts for the overdue calls will be approved by the Client. • Updates and Enhancements. In the event Brycer releases any updates, corrections, or enhancements to the Solution during the Term, Brycer shall promptly provide such updates or corrections to Client free of any charge or fee. 4. Client Responsibilities: During the Term, Client shall be responsible for the following in connection with Client's use of the Solution: • Operating System. Client shall be solely responsible for providing a proper operating environment, including computer hardware or other equipment and software, for any portion of the Solution installed on the Client's equipment(the "Client Access Software") and for the installation of network connections to the Internet. In addition to any other Client Access Software requirements, Client must use version Internet Explorer 11.0, Edge, Firefox version 37, Chrome 40 or Safari 7.1 (or more recent versions), in addition to having a.pdf reader installed on machines to view attachments. • Training. Client shall allow Brycer at Client's facilities to train all applicable personnel of Client on the use of the Solution. • Information. Client shall promptly provide Brycer with all appropriate information necessary for Brycer to create the database for the Solution, including without limitation: (a) all commercial building addresses within [jurisdiction] for Brycer's initial upload; and(b) quarterly updates to in a format acceptable to Brycer in its discretion. • Enforcement. Client shall take all actions necessary to require in writing (e.g.resolution, ordinance, fire policy, code amendment) the use of the Solution by third party inspection companies. • Reports. Client will require all compliant and deficient test results to be submitted. 5. Ownership of Data. Client owns all the data provided by Client and received from third party contractors for Client. Brycer shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Client's data. 2232885/3/13399.000 Please acknowledge your acceptance of this proposal and our standard Terms and Conditions by counter-signing this proposal below. We look forward to a long-term and mutually beneficial relationship with you. Brycer, LLC Its: PRESIDENT Acknowledged and Agreed to this day of 20 [CLIENT] By: Its: 2232885/3/13399.000 Exhibit A Terms and Conditions Any capitalized terms not defined in these Terms and Conditions shall have the meaning assigned to it in that certain Letter Agreement attached hereto by and between Brycer,LLC and Client(the"Agreement). 1. Restrictions on Use. Client shall not copy,distribute,create derivative works of or modify the Solution in any way. Client agrees that:(a)it shall only permit its officers and employees(collectively,the"Authorized Users')to use the Solution for the benefit of Client;(b)it shall use commercially reasonable efforts to prevent the unauthorized use or disclosure of the Solution;(c)it shall not sell,resell,rent or lease the Solution;(d)it shall not use the Solution to store or transmit infringing or otherwise unlawful or tortious material,or to store or transmit material in violation of third party rights;(e)it shall not interfere with or disrupt the integrity or performance of the Solution or third-party data contained therein;and(f)it shall not reverse engineer,translate,disassemble,decompile or otherwise attempt to create any source code which is derived from the Solution. Client is responsible for all actions taken by the Authorized Users in connection with the Solution. 2. Proprietary Rights. All right, title and interest in and to the Solution and any and all derivative works or modifications thereof(the "Derivative Works"), and any accompanying documentation, manuals or other materials used or supplied under this Agreement or with respect to the Solution or Derivative Works(the"Documentation"),and any reproductions works made thereof,remain with Brycer. Client shall not remove any product identification or notices of such proprietary rights from the Solution. Client acknowledges and agrees that, except for the limited use rights established hereunder, Client has no right,title or interest in the Solution,the Derivative Works or the Documentation. 3. Independent Contractor. Nothing in the Agreement may be construed or interpreted as constituting either party hereto as the agent, principal, employee or joint venturer of the other. Each of Client and Brycer is an independent contractor. Neither may assume,either directly or indirectly,any liability of or for the other party. Neither party has the authority to bind or obligate the other party and neither party may represent that it has such authority. 4. Reservation of Rights. Brycer reserves the right, in its sole discretion and with prior notice to Client, to discontinue, add, adapt, or otherwise modify any design or specification of the Solution and/or Brycer's policies, procedures, and requirements specified or related hereto. All rights not expressly granted to Client are reserved to Brycer,including the right to provide all or any part of the Solution to other parties. 5. Use of Loos. During the term of this Agreement,Brycer shall have the right to use Client's logos for the purpose of providing the Solution to Client. 6. Confidential Information. Brycer and Client acknowledge and agree that in providing the Solution,Brycer and Client,as the case may be, may disclose to the other party certain confidential, proprietary trade secret information ("Confidential Information"). Confidential Information may include,but is not limited to,the Solution,computer programs,flowcharts,diagrams,manuals,schematics,development tools,specifications,design documents,marketing information,financial information or business plans. Each party agrees that it will not, without the express prior written consent of the other party,disclose any Confidential Information or any part thereof to any third party. Confidential Information excludes information: (a)that is or becomes generally available to the public through no fault of the receiving party; (b)that is rightfully received by the receiving party from a third party without limitation as to its use; or(c)that is independently developed by receiving party without use of any Confidential Information. At the termination of this Agreement,each party will return the other party all Confidential Information of the other party. Each party also agrees that it shall not duplicate, translate,modify, copy, printout,disassemble,decompile or otherwise tamper with any Confidential Information of the other party or any firmware,circuit board or software provided therewith.Notwithstanding the foregoing,the parties acknowledge that Client shall be permitted to comply with any all federal and state laws concerning disclosure. 7. Brycer Warranty. Brycer represents and warrants to Client that Brycer has all rights necessary in and to any patent,copyright,trademark, service mark or other intellectual property right used in,or associated with,the Solution,and that Brycer is duly authorized to enter into this Agreement and provide the Solution to Client pursuant to this Agreement. 8. Disclaimer. All information entered into Brycer's database is produced by third party inspectors and their agents. THEREFORE, BRYCER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ENTERED INTO BRYCER'S DATABASE BY EITHER CLIENT OR THIRD PARTY INSPECTORS. EXCEPT AS SET FORTH IN SECTION 7,BRYCER MAKES NO OTHER WARRANTY,EXPRESS OR IMPLIED,WITH RESPECT TO THE SOLUTION OR ANY OTHER INFORMATION AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,ARE HEREBY DISCLAIMED,INCLUDING,WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRYCER'S SOLE LIABILITY FOR BREACH OF THE REPRESENTATION AND WARRANTY SET FORTH IN SECTION 7, AND CLIENT'S SOLE REMEDY,SHALL BE THAT BRYCER SHALL INDEMNIFY AND HOLD RECIPIENT HARMLESS FROM AND AGAINST ANY LOSS, SUIT, DAMAGE, CLAIM OR DEFENSE ARISING OUT OF BREACH OF THE REPRESENTATION AND WARRANTY. 9. LIMITATION ON DAMAGES.EXCEPT AS OTHERWISE PROVIDED IN SECTION 7,IN NO EVENT SHALL BRYCER BE LIABLE FOR OR OBLIGATED IN ANY MANNER FOR SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR SYSTEM DOWNTIME. CLIENT ACKNOWLEDGES AND AGREES THAT IN NO CASE SHALL BRYCER 'S LIABILITY FOR ANY LOSS OF DATA OR DATA INTEGRITY EXCEED THE REPLACEMENT COST OF THE MEDIA ON WHICH THE DATA WAS STORED. 10. Risks Inherent to Internet. Client acknowledges that: (a)the Internet is a worldwide network of computers,(b) communication on the Internet may not be secure,(c)the Internet is beyond the control of Brycer,and(d)Brycer does not own,operate or manage the Internet. Client also acknowledges that there are inherent risks associated with using the Solution,including but not limited to the risk of breach of security,the risk of exposure to computer viruses and the risk of interception,distortion,or loss of communications. Client assumes these 2232885/3/13399.000 risks knowingly and voluntarily and indemnifies and holds Brycer harmless from all liability from all such risks. Not in limitation of the foregoing,Client hereby assumes the risk,and Brycer shall have no responsibility or liability of any kind hereunder,for:(1)errors in the Solution resulting from misuse,negligence,revision,modification,or improper use of all or any part of the Solution by any entity other than Brycer or its authorized representatives;(2)any version of the Solution other than the then-current unmodified version provided to Client; (3)Client's failure to timely or correctly install any updates to the Client Access Software;(4)problems caused by connecting or failure to connect to the Internet; (5)failure to provide and maintain the technical and connectivity configurations for the use and operation of the Solution that meet Brycer's recommended requirements; (6) nonconformities resulting from or problems to or caused by non-Brycer products or services;or(7)data or data input,output,accuracy,and suitability,which shall be deemed under Client's exclusive control. 11. Indemnity. Brycer(the"Indemnifying Party") will defend and indemnify the Client against any damages, losses, liabilities, causes of action, costs or expenses(including reasonable attorneys' fees)arising from the Brycer's breach of this Agreement, gross negligence or intentional misconduct.Client will hold Brycer harmless against any damages,losses,liabilities,costs or expenses,claims,demands,suits or proceedings made or brought against Brycer by a third party in connection with Client's or an Authorized User's use of the Solution,or any action or inaction taken by a third party, including, but not limited to, third party inspectors, in connection with such third party providing services for Client or otherwise at Client's or an Authorized User's request or direction 12. Breach. Brycer shall have the right to terminate or suspend this Agreement, and all of Client's rights hereunder, immediately upon delivering written notice to Client detailing Client's breach of any provision of this Agreement. If Client cures such breach within 5 days of receiving written notice thereof,Brycer shall restore the Solution and Client shall pay any fees or costs incurred by Brycer in connection with the restoration of the Solution. 13. Illegal Pa}nuents. Client acknowledges and agrees that it has not received or been offered any illegal or improper bribe,kickback,payment, gift or anything of value from any employee or agent of Brycer in connection with the Agreement. 14. Beneficiaries. There are no third party beneficiaries to the Agreement. 15. Force Maieure. Neither party shall be responsible for any failure to perform due to unforeseen,non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, earthquakes,blackouts,accidents,or strikes. In the event of any such delay,any applicable period of time for action by said party may be deferred for a period of time equal to the time of such delay,except that a party's failure to make any paymentwhen due hereunder shall not be so excused. 16. Notices. All notices required in the Agreement shall be effective: (a) if given personally, upon receipt; (b) if given by facsimile or electronic mail,when such notice is transmitted and confirmation of receipt obtained;(c)if mailed by certified mail,postage prepaid,to the last known address of each party,three business days after mailing;or(d)if delivered to a nationally recognized overnight courier service, one business day after delivery. 17. Assim ment. The Agreement may not be assigned or transferred by Client without the prior written consent of Brycer and any purported transfer in violation of this section shall be null and void. The Agreement shall be binding upon and inure to the benefit of the parties thereto and their respective successors and representatives. 18. JURISDICTION AND VENUE. THE AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND INTERPRETED IN ACCORDANCE WITH,AND ENFORCEABLE UNDER,THE LAWS OF THE STATE OF TEXAS. THE PARTIES IRREVOCABLY AGREE THAT ALL ACTIONS OR PROCEEDINGS IN ANY WAY, MANNER OR RESPECT ARISING OUT OF OR FROM OR RELATED TO THE AGREEMENT SHALL BE LITIGATED ONLY IN COURTS LOCATED WITHIN NUECES COUNTY, STATE OF TEXAS. THE PARTIES HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY LOCAL, STATE OR FEDERAL COURT LOCATED WITHIN SAID STATE AND COUNTY. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY ON ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THE AGREEMENT,AND AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. 19. Attorneys' Fees. The prevailing party in any proceeding in connection with the Agreement shall be entitled to recover from the non- prevailing party all costs and expenses,including without limitation,reasonable attorneys' and paralegals'foes and costs incurred by such party in connection with any such proceeding. 20. Entire Agreement. The Agreement sets out the entire agreement between the parties relative to the subject matter hereof and supersedes all prior or contemporaneous agreements or representations,oral or written. 21. Amendment. The Agreement may not be altered or modified,except by written amendment which expressly refers to the Agreement and which is duly executed by authorized representatives of both parties.The waiver or failure by either party to exercise or enforce any right provided for in the Agreement shall not be deemed a waiver of any further right under the Agreement. Any provision of the Agreement held to be invalid under applicable law shall not render the Agreement invalid as a whole,and in such an event, such provision shall be interpreted so as to best accomplish the intent of the parties within the limits of applicable law. The Agreement may be executed by facsimile and in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 22. Expiration. The rights and obligations contained in these Terms and Conditions shall survive any expiration or termination of the Agreement. 23. 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. 2232885/3/13399.000 Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities.These interested parties include: (1)persons with a"controlling interest"in the entity,which includes: a. :an ownership interest or participating interest in a business entity by virtue of units,percentage,shares,stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members;or C. service as an officer of a business entity that has four or fewer officers,or service as one of the four officers most highly compensated by a business entity that has more than four officers (2).a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency,including a broker,intermediary,adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https:Hwww.ethics.state.tx.us/whatsnekv/elf_info_foiM1295: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 httL2s:Hwww.ethics.state.tx.us/legal/ch46.html. 24. 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/aovemment/city-secretary/conflict-disclosure/index 25. Insurance Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance("COP'), 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 Exhibit C,the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 26. Verification Regarding Israel. In accordance with Chapter 2270,Texas Government Code,the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:(1)does not boycott Israel;and (2)will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 2232885/3/13399.000 Exhibit B Maintenance Schedule and Minimum Service Levels 1. Uptime and Maintenance. The Solution shall be available 24 hours per day during the term of this Agreement. The Solution shall be fully functional, timely and accessible by Client at least 99.5% of the time or better and Brycer shall use reasonable efforts to provide Client with advance notice of any unscheduled downtime. 2. Response Time. Brycer shall respond to telephone calls from Client within two hours of the call and/or message and all emails from Client within two hours of the receipt of the email. 3. Customer Support Customer support hours are 24/7/365. The toll free number is 1-855-279-2371 Brycer will assign client a dedicated customer representative with direct access to their email and work number. EXHIBIT C INSURANCE REQUIREMENTS L 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 Director Human Resources, 2 copies 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 applicable Per occurrence - aggregate policy endorsements Commercial General Liability including: $1,000,000 Per Claims Made 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 CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Claims Made Contractor shall name the City of Corpus Christi, Texas as Loss Payee 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. 8 IL ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time 9 during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Legal Dept. Collection Service for Back Flow Inspection Fees 09/22/2017 sw Risk Management 10 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1-4 and 6 if there are eq uqcsted pa6e& OFFICE USE ONLY Complete Nos.I,2„3,5,and 6 if there are no Olerested parues, CERTIFICATION OF FILING I Name of business entft filing form,and the city,state and country,of the business erittity's place Certificate Number° of business. 2017-266606 BRYCER,LLC Warverrville,ft, United States Date Filed,, 2 Name or ooverniiieWfireft 5FIR-a—te idificy t=at s A a4wh party To IE;contract for whieg Me farm is 09128/2017 being filed, City of Corpus Cl s°'% Cross–Connection Control&Backflow Prevention Date Ackmad geM cy t tor state ageno track or,identify the trt,a conacnd provide a 3 ;v o the identification number used by the governmenfry tal en description of the services,goods,or other property to be provided under the contract, 092517 Sa,aS model to track comphance for cibes cross -connertion corrtroi&backflow prograrn Nature of interest 4 Name of Interested Party City,State,Counoy(place of business) (check atipficable) rolling irmta:rmmuadiar. ". MDR Capital, LLC W,IL Unted States x Schuftz,Bryan Warrenvflfe, ft.United States x Rice,Matthew Warrenvdie,IL.Unned States X tr i oii tM y-o it there 19 N 0 1riterestad party. 6 AF fDAVIT k sjwear,or affirm,under penalty of perjury,that Oe above chsclosure is vue and cxorect iX+Hl.SEAL NK,,('XE WANER Signatwe 01 authorjz(rd Argent of contavtng busfiiess entity z AFFIX NOTARY STAMP I L=AL ABOVE of Swom to mute subscribed before rrie,by the said tNs the,.... day 20to c ertify whidu,Wtrwss my hand and seat of cqfice. VUY ue Signatu a of officef adminimeq ing oath fhrrnted navre of of icer adn*iistefing oath Tifle rat officer administenng oath Fonns provided by'rexas Ethics Commission wwv4,ethics,,state,tx.us Version V1.0,3337 SC o� � AGENDA MEMORANDUM v 1St Reading for the City Council Meeting of December 12, 2017 NORPORPEO 2nd Reading (Tabled)for the City Council Meeting of January 16, 2018 1852 2nd Reading for the City Council Meeting of January 23, 2018 DATE: November 10, 2017 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager Keith Secctexas.com (361) 826-3898 Ordinance creating restrictions for Barge Dock Parking CAPTION: Ordinance adding Chapter 53, Section 178 "Barge Dock Parking" to the Corpus Christi Code of Ordinances to prohibit parking at barge dock from 10:00 p.m. to 6:00 a.m.; and providing an effective date, for severance, for penalty and for publication. PURPOSE: The purpose of this item is to create restrictions on the Barge Dock to manage after- hour access. BACKGROUND AND FINDINGS: There is a long-standing issue on Shoreline Boulevard regarding vehicles with after- market modifications creating negative tourist experiences for the hotels along Shoreline and physical damage to city property. The common perception is that there is speeding and street racing however, a speed trailer and three-week street racing operation conducted in 2016 found that there was not flagrant illegal activity occurring. Staff has worked with Shoreline stakeholders for the past year to develop solutions that address the specific issues impacting each of the stakeholders. This item addresses one of those specific issues, abuse of the Barge Dock. The Barge Dock at the end of Shoreline Boulevard provides parking for the American Bank Convention Center and Art Museum of South Texas. After the regular hours of operation, the Barge Dock is sometimes utilized for activities not intended. As a result, the Art Museum of South Texas incurs damage on a regular basis, including broken windows, false security alarms, and tire burns. Since this damage occurs after hours, it is difficult to catch those responsible. After evaluating options, it was determined that gates could be installed to limit vehicular access to regular business hours. An ordinance is needed to create enforceable restrictions to vehicular access. Signage will also be installed. The vehicular restriction is proposed from 10:00 PM to 6:00 AM*. The Barge Dock will still be accessible by foot to those who utilize the structure for nighttime fishing. The Art Museum of South Texas and SMG will still be able to utilize the Barge Dock for special event parking. The Barge Dock also serves as a component of the Seawall Protection System, funded by the Type A Seawall Sales Tax. Currently there is a project in the works for improvements to the Barge Dock that will protect the integrity of the structure and address maintenance issues. Additional improvements, such as wheel stops, will be added in this capital project. Note *: The 1St reading of this ordinance was for a 6 PM to 6 AM limitation, but following feedback after the 1St reading, staff has loosened the restriction from 6 PM to 10 PM. ALTERNATIVES: Staff considered including the gates as part of the Type A Seawall project, but delays in the timeline created need for the gates and curfew to move forward in advance. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Police, Legal, Traffic Engineering FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance — Barge Dock Vehicular Curfew Presentation — Barge Dock Issues Ordinance adding Chapter 53, Section 178 "Barge Dock Parking" to the Corpus Christi Code of Ordinances to prohibit parking at barge dock from 10:00 p.m. to 6:00 a.m.; and providing an effective date, for severance, for penalty and for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 53 of the Corpus Christ Code of Ordinances is revised to add section 53-178 to read as follows: Sec. 53...1 ` . ....... I[3ar. Dock II:Iarklin . u u IIS II II u'k v Il cli t tI, Ilo2a,i[ g, EEl i in II I I ,2twee n Illi .................................L....................................................................11................................................................................................................................."I ..........................................L...............................3......................................................................................... ogir 1000 2.0 . to 600 .0 . I d�:I�Jng §pggl4t events s ...II...II L2,22 22E 22a Il li"' II I! lig li . u I °: a between Illi hm:L§ to 600 a 'n V6,ildes eine un l to Iloe towed d�:!u-ulg 22224t events u Il li un . '20 un li u . li a . a" !J un I to Secllon 5317'6 SECTION 2. This ordinance takes effect after official publication. SECTION 3. 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 4. Penalties are as provided in Section 53-41 of the Code of Ordinances. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 1 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20177 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 Barge Dock Parking Restrictions Council Presentation January 23, 2018 Overview • Ordinance to Establish j/ Restrictions for Barge Dock Parking 0 0 F)M - 0 ,ANIs 10PM - 6AM r � t • Includes Barge Dock Gates • Includes Posted Signage • Operated by SMG � • Still available for special events at ABC and Art Museum • Still accessible to fisherman at night 2 Damage to Art Museum �//�� � uuuuuuuuuuu li f� // 'i� VVVVVVVVVVV %', r �mC ✓ ! yin iii//%/�/% :u Damage to Barge Dock i !Yr!llt� i� s� ��Rr;l ^,r�h" �r ✓ l I l �y �f Nair"; !,., a,.���>„ "���"�lr�r� ui� ,w✓;,1„�, u�,'';i�(� �ln��,',��j'��,'��J iv� 'fi ����1J�f(1�''!�����.�6�,,.���p.' ri!�. LN Damage to Barge Dock i Location of Gates Omll- /�Ii ,�a:v�,s�it �✓te, � fF! ��//ni,,, j/�i7f l � f � p � ✓ate^ Il�! r A'ro; s �%1�r r/J � I/r r �, /�i r r /%///l!l{i��ll�//�//��/r✓r �J///rt///r �.�ar , 1. Il�r i ,/✓' llr i �/�>!/'����r � f/l ��r/� , ��j r9 j l//i / ¢.CHs l� ��%� n se o� � AGENDA MEMORANDUM First Reading Item for the City Council Meeting of January 23, 2018 NORPOR PE 1852 Second Reading Item for the City Council Meeting of January 30, 2018 DATE: November 20, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEIIL@cctexas.com (361) 826-3464 Oso Golf Course Final Claim Settlement CAPTION: Resolution authorizing payment to Foresight Corpus Christi Golf LLC for final claim settlement of $4,372.00 in replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016. PURPOSE: This item is to approve final payment to Foresight Corpus Christi Golf LLC of$4,372.00 to settle the final claim due to unforeseen damage to the Oso Golf Course cart barn. BACKGROUND AND FINDINGS: On Friday September 30, 2016, the golf cart barn at Oso Golf Course caught fire and was destroyed. Insurance settlements have been received and appropriated on April 18, 2017 of $95,734.24. On July 25, 2017, City Council approved an ordinance to transfer funds from the General Liability Fund to the No. 4691 Golf Capital Reserve Fund to supplement settlement payments in the amount of $54,265.76. To date, the City Council has authorized payment of existing claims totaling $148,390.81. ALTERNATIVES: Do not authorize payment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This ordinance conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks and Recreation and Legal Departments FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget — Golf Capital Fund $79,025.67 $79,025.67 Encumbered / Expended Amount $74,653.67 $74,653.67 This item $4,372.00 $4,372.00 BALANCE -0- -0- Fund(s): Golf Capital Fund Comments: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Invoice#574908 Resolution authorizing payment to Foresight Corpus Christi Golf LLC for final claim settlement of$4,372.00 in replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016 Whereas, the golf cart barn at the Oso Beach Golf Course was destroyed by fire on September 30, 2016; Whereas, the insurance proceeds of $95,734.24 were received and appropriated by City Council into the Golf Capital Reserve Fund on April 18, 2017; and additional funds of$54,265 were appropriated by the City Council for said purpose on July 25, 2017; Whereas, Texas Local Government Code Section 252.022 (a)(3) exempts procurements necessary because of unforeseen damage to public property from competitive bidding requirements; Whereas, the City Council finds that to the extent that any payment provided hereunder constitutes a purchase or acquisition, that such purchase and/or acquisition is declared to be a procurement made because of unforeseen damage to public property and exempted from competitive bidding requirements pursuant to Texas Local Government Code Section 252.022; Whereas, in City Contract No. 2010-396 on October 26, 2010, the City of Corpus Christi ("the City") and Foresight Corpus Christi Golf LLC ("Foresight") entered into a Lease Agreement ("the Lease Agreement") for the Oso Beach Golf Course and the Gabe Lozano Golf Course; Whereas, pursuant to the Lease Agreement, any improvements made to the Oso Beach Golf Course property will inure to the benefit of the City at the expiration or termination of the Lease Agreement; Whereas, following request by City-employed personnel, Foresight made commitments for improvements and acquisitions for its leasehold on the Oso Beach Golf Course for replacement of the cart barn (the "improvements and acquisitions") including, as follows: final ADA inspection, final billing and installation of cart chargers. Whereas, the City Council finds that the City is liable for a claim for the improvements and acquisitions in quantum meruit because (1) valuable services or materials provided by Foresight Corpus Christi Golf LLC to the City, (2) which has accepted the services or materials, (3) under such circumstances as would reasonably notify Foresight Corpus Christi Golf LLC that Foresight Corpus Christi Golf LLC expected to be paid. Now, therefore, be it Resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. That the recitals reflected above are true and accurate and hereby incorporated into this Resolution. Section 2. That the City Manager or designee is authorized to settle the claims in quantum meruit for the aforementioned improvements and acquisitions in the amount of$4,372.00. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn FORESIGHT CORPUS CHRISTI GOLF LLC Invoice 512 E BLANCO ROAD SUITE 100 BOERNE, TX 78006 Date Invoice# 10/26/2017 574908 Bill To City of Corpus Christi 1201 Leopard Street Corpus Christi.TX. 78401 P.O. No. Terms Project Quantity Description Rate Amount Dickson Builders,Inc. Invoice#03293-5 5th draw for OSO Beach Cart Barn Rebuild 2,516.00 2,516.00 Scott Electric Invoice 4159369 Installed 4 quads for cart charging,each quad to have 4 1,856.00 1,856.00 circuits,installed circuits for W/D and compressor. 8.25% 0.00 Total $4372.00 AFFIDAVIT BY DICKSON BUILDERS, INC. STATE OF TEXAS COUNTY OF NUECES Personally appeared before me, the undersigned authority in and for said State and County, -,, Cu I FF IDIS w--e-PC7t%4 , IPMO-IrICIT A44W le. _(Name/Title) of Dickson Builders LjqcL. which firm is hereinafter called "Company", who being duly sworn states on oath that he has personal knowledge of the following: 1. Company provided services and supplies to design, install and construct a new golf cart barn to replace the barn damaged by fire in September 30, 2016 at the Oso Golf course ("the Oso Golf Course Golf Cart Barn Replacement Project" or "the Project".) 2. By signature below, and upon delivery of final payment of $2,516.00, Company affirmatively states and represents that Company has been paid in full all debts, obligations, and liabilities (including, without limitation, all debts, obligations, and liabilities for labor, materials, equipment or services, and for all local, state or federal taxes) which have been incurred by Company, or which are claimed by others to have been incurred by Company, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished by or under direction of Company for the Oso Golf Course Golf Cart Barn Replacement Project. 3. By signature below, and upon delivery of final payment of $2,516.00, Company affirmatively states and represents that all of Dickson Builders, Inc. contractors, subcontractors and suppliers for the Project have been paid in full and no amounts remain in dispute or unpaid. The above statements are made by -'L-I -q-- Z> - (Name) as the VV-VJC= Wvlk. (Title) of Dickson Builders, Inc. individually and on behalf of the Company. Signature: Sworn to and subscribed before me onLbl/& 2017. Notary Public6 State of Texas Commission Expires: 4 RANDY FINCH ZQ IN Nol(i01aJ`V PUMC,5 iate of Texas My :y commission Expires April 30, 2018 err _ DRAWING INDEX_ --- ISSUE pACE tlESCRIpriON SCHULTE BUILDING SYSTEM; A -6a�2 COVER PACE _ 17600 BANKE ROAD —. -Cl OF 2 ANCHOR ROD PLAN NOCKLEY, TEXAS 77447 F2 OF 2 REACTIONS 281--304--6111 office 281--304_-6113 fax A -El OF 4 ROOF FRAMING Ear,4 CROSS SEC rim SBSE3 OF 4 SIDEWN_L EtEVA'DpIJ EA QF 4 ENbWALL ELEVARON PoDM OF 3 DETAIL CRAVINGS A D2 OF 3 DETAIL DRAWINGS O3 OF 3 DETNL DRAWINGS 6UILDfNG DESCRIPTI N _ WIDFH. QQ,_O„ LENGFHO: �E. H£fGHY:•_.p-Q Q"__.5Lbf'f.• 1_0:12PANEL TRIM AND FRAM.IN�,_INFORMATION. RQ_QE_P6HEL.`a TRIM iWE Pj{k___. _COLOR:y3i_v41y4rrg�p{,g,. fiFlF(E; COLCit oed alar UL9D CEfin AiION�L_ EAVE: OI.OR:tynD,e_.SW._GRIpt (BUILDING DIMENSIONS ARE NOMINAL,REFER TO PLANS INsu4AnON: ___ GurTER: COLOR,weed sm.corm' t MASTIC: .5F DOWNSROUT: COLOR.Nva IF STANDING SEAM: CLIC TYPE. YAALLEY COMIC COLOR.Iu y sed. Ths m rnEp that thtx stmctury b devlgned utnizbsq thr.foods Indicated a d a Plied s re uirad by Me building AGER: . e snown below. the certtRcation is Itmited to the ruvturtl design of thantraming and e0 rin4 parPn manaPenturvd SILL: COLOR:}Jned 9t dw bydMm CoildinqWALL manuPvetarer and la apaeiftatl in the vantraut. Mamnevey Itmne wen vx dvarrs,winticw,Iwvars, PANE,L,$ eAMfl: COlok:NEM 5 or tranmluvenf panels,and tiintora 0 not Moiudetl. Alno exd—d a they parts of No p j-n0 provldwl - Da4.OR:-- building m0 facturer ouch as foundaflans,rnanvnry walla mechanical­N—bi,and erre Ot f IN.building. The the IME: P —GAUGE:26__DOLOR:GaeA..S1d,_Cstlsc CORNER:M. COLOk:Need SF r ION!,Shaul t ba at.C.on a properly aeeignptl Pwndatlan in accaadnee with Ne buiidlvg manufvctb—L deaipn - ATIaN: SIn. USER: COLOR: NE.I.S COFFl 1, COLOR. g ere p cev. FASUA SILO: COLOR: --I, � •case a ac m tsavn TYPE: GAUGE:—COLOR: wclGNr:"F'PLi .____ CAP TRIM: COLDR.: - Gmnaral Load. ooPAN£L5 Rt bead Load(D) 2�Ooµ.Oaf Roof C,lC.,rgl W0(C) 1________Par TYFE: _—_CAUDE:_COLOR: PRIMARY FRAMING Roar u.a Lood I') ( _Oaf 1,-­Liva Lnad Reduction Yex �9Ff1T...PANELS (WAIN INP C9LUM N.`iA& FRAMES} Snow Load TYPE—CAUCE—COLOR:, Fiat--Snaw Luvd(Pf} _-______,Oaf SECONGARY FRAMING ue(Pg) ________. PARTITION�ANFi c GIRIA,PURLINS,CLIPS ked-Oxide Snow Exposure Facto(Co} OO[X Tw C ) Snnw Load Impartanw•Factor(Is) f G4UD ------ �'�" Erma Facmr SECONDARY F ARAMIt G -d I-nd 5poatl(V 3S) N[A_____ (EAVE STRUTS,DOOR/FRAMED OPNG}_htm QPLo^ Occupancy/Risk Category 11 Nnrmni mplr jCCSQ mph RBC,]ISt rtl flOn # �--12L3 mJ2 Wad Ercpeaurn Category C nw Pra a caarnara t(cepa Wnd Ery lomure roeaa IAS Certification Accredited Wind Importance Factor n RLP_____ smamla Load Certification # MB--188 Ss(smlc unPOrcerroa Faa<w(Ie} Upc.............__ Doe o Lapda, natM, grvan Imm araar aooamant, annrad m a�aomonae wan iha Spueu't Respwrsc AecNeratiana(vv and Si) Ap@RO as ar na w .end Ora ganerel vP11-1i1 provisions of the mdodel code Lr ond'sr npaclflaallansindica0.ntl. Nailher I1urvadurer nor the onrl"rfylnngt nuMneer dveaeres are seta that he loamy va rn preper SpeotralsRaepanae Cpaffanimte(Un and Sd1) UDlTS D655@ lar c prnvlslnnr Mut mvy apply nr Tn eaapeeifly paromefars. ins an fanturvr'g englrrad'`a earUlieotlon Is Ilrnitatl taddaGgns a,pPllad I Seismic Oaaigs pategary A by anU/ar nnginaar or reusrU a Yre nwruilI. van.trucNp pra�ect. Bexic Soismtc-Forc:o-RaslstMg 3pstan(s)" Thm etal bbrdh s tam irs doalgned a onGOecd. All^vxtarivr rvrn is 9 }rs uvnen (r.c.doore,wlnaows,ven'm,mtca)moat ba dmvemxd to withatan„the ppci@ad mind oudinq fmr the nalgn f c r pannnta wrd Waddin4 i^ caardensa wr, r pecifiad bol ding c de, pcorm Or to ba clvcad w on cg{1 30"^�� Total pealgn Baan CO.,(Y) `0,_24utl a Al'. nruaxnum of SD%of daeign whd valocitpalsrreoohM. DCN APR. saiamm Rasparaa L-li lents}(cal �O+se_==. ;�.Qt.ss___ a a a or, .., DAVE Resparrxe Madiflcatlwr Fector(x}(fi} NZA_____ N[M1-___._ X-Drnpinq is to be inctallad to v taut cmndition w1N 011-.1,rwnuveU. Do nut tighted beyond thly v<ata - Aldols Procedure:Equlvolvn[Lvfxral Faroe LSF TE.# 6 The l— oRe.1.I-dbd members pmHdad ora Uva grad ONLY Ir wine load(woes¢ywrtetl normal(perpentlicalar)to the-1,C'% 1` a Ord(nary SPae Corvpentr'cviy Nraced Fmma(e)orvd/w OrdMary Steal MOmxnt Frnrne(s} eUUlt mal lands mr to ed, t, v a IPV}a'tti ''#'CFI\G g1 use �WNQ STATUS ,T f x as as mx a�ara�nr�,��.,aan 30 A aparxxia.an.ma.wr,�rmwra.�,wawaanw'awa wuxnw corn r"ace....._.. �stiFnooviw,,..... «xaaaar __— LCeawm°' ueavn mm - -- vai Co ma q B OE t NC amuw w r _ MM� .aa,m pmn• ,� IC 7z��rM� a<R460 I[yM xnx '— bM 5 OF 2 A tuipono <.a<run drown,�<M imi w mu emnnit u,tn<rum i°r<a otruul.ra e,nn unuu nn xe 9n1µTa II er m x nm nn nre vt txe a,run¢ur m. unmlF°rleM«mesal nr parau pNW o t�Tive6 nwvrunwuuwvur -- nxnnux dfPR04er xnrra kn ur°m d,ow. 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Dip � SW S. SECYIQN"A DETAIL A OS-Q" OUT-TU-OUT OF STEEL D Y, .......... 200�71W. ........... 20-7' —M� 111111 I�rmoro, SECTION 13 I &ETAJL B 'A Di.w T-ON' C c 4'-OVV' -7 40 T —A T 944"W op A - 4D 0 c c 4'-OW ..[A alp A CA) ....... X-B—hg MAY 30 2017 USN. dPR. 623 4 e AVP. TE A ANCHOR ROD P1 AN NOTE: All B—Pl.tn 0 loo*-O"FINISH FLOOR)(UNLESS NOTED) iAAR�F NPS' T�l 1A.1 Agna In Registration, # r--1218152 .......... STATM L mim gNCNOP REDS(.1 OTHERS} A 5/�0/17 N T� FT —------ —L�, FIA RAI 1� �—T ........... ............... ------- .......--------- --------------------- ................... 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Tool 0.375 Co C I do o. a `3 -0 3 It, I a d7 -Io 7 -o'7 -2:D 2 0,750 MIS ILWO U75 U gp��---'t"L� 12 1, 0.1 21 IS 0.6 -2.D z- A I D lo -1.3 7 -To -2.3 2 R.75d .. dooD ..375 DO 0.1 26 ID D-1pUC,, I c To -1.3 12 -,.a -2.3 2 0750 3.500 BODO 0.375 0.6 I all 2.6 1 B il 1 -IA 12 -d7 -2d 2 0.750 3.500 BODO 0.375 Do I Deed-n It-111.11 a, 2.1 13 ao -2o 2 0.66.d1a6.dJ-.RI I loll, 21-1"I'll, I A 14 U ol 12 -- U 2 0.750 I-A SOTO 0,375 od a SRI. L. 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R T, A Certificate of Occupancy This certificate has been issued and is compliance with the requirements of the International Building Code Edition 2015 ISSUE DATE SEPTEMBER 25, 2017 EXPIRATION DATE SEPTEMBER 25, 2019 PROPERTY ADDRESS 5601 S ALAMEDA ST LEGAL DESCRIPTION FLOUR BLUFF &AMP; ENC FRM GDN TRACT 100.654 ACS OUT OF SEC 14, 16 &AMP; 17 PROPERTY ZONING RS-6 -SINGLE-FAMILY 6 OWNER FORESIGHT C.C. LLC. PERMIT NUMBER C44756 DESCRIPTION OF WORK CONSTRUCTION OF UN-CONDITIONED METAL STOF CONSTRUCTION TYPE IIB OCCUPANCY TYPE S-1-STORAGE, MODERATE HAZARD OCCUPANCYLOAD 9 SPRINKLER SYSTEM REQUIRED NA SPECIAL STIPULATIONS AND CONDITIONS TCO ISSUED FOR 2 YEARS PENDING INSTALLATION OF APPROVED FIRE ACCESS AND FIRE HYDRANT. FIRE HYDRANT PLANS WILL NEED TO BE SUBMITTED AS PUBLIC IMPROVEMENTS AND FIRE ACCESS WILL NEED TO BE SUBMITTED TO DEVELOPMENT SERVICES FOR REVIEW) ASSOCIATED PERMITS C44756E- OSO BEACH GOLF COURSE AUTHORIZED BY GENE DELAURO BUILDING OFFICIAL Development Services 2406 Leopard Street, Suite 100 Corpus Christi, Texas 78408 361-826-3240 www.cctexas.com/government/development-services SC AGENDA MEMORANDUM Emergency Ordinance for the City Council Meeting of January 23, 2018 Co POR xs52 DATE: January 11, 2018 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Lawrence Mikolajczyk, Director of Solid Waste Operations Lawm@cctexas.com (361) 826-1972 Professional Services Contract Cefe Valenzuela Landfill Sector 3C Disposal Cell Expansion CAPTION: Ordinance amending the FY 2018 Capital Improvement Program Budget adopted by Ordinance No. 031249 to add Project#E17118 Cefe Valenzuela Landfill Sector 3C Disposal Cell Expansion; increasing expenditures in the amount of $823,251; and authorizing the City Manager, or designee, to execute a Professional Services contract with Hanson Professional Services of Corpus Christi, Texas in the amount of $823,251 for the Cefe Valenzuela Landfill Sector 3C Disposal Cell Expansion for design, bid and construction phase services; and declaring an emergency. PURPOSE: The purpose of this Agenda Item is to obtain authority to amend the Capital Improvement Program (CIP), and to execute a professional services contract in the amount of $823,251 with Hanson Professional Services for engineering and design of Cefe Valenzuela Landfill Sector 3C Disposal Cell Development. BACKGROUND AND FINDINGS: The current developed disposal space at Cefe Valenzuela Landfill is predicted to be exhausted in September 2018 based upon historical average disposal rates and recent increases due to Hurricane Harvey debris disposal. Construction of the next disposal cell, Sector 3C, will be expedited with the goal of providing new disposal space prior to the exhaustion of the current disposal capacity. The accelerated depletion of disposal space due to increased waste volumes may result in a short term lack of disposal space before Sector 3C is complete and authorized to accept waste. If this condition occurred, continued disposal would require an authorization for temporary overfill from TCEQ to allow the placement of waste above permitted elevations in previously completed disposal areas. The temporary overfill would then be relocated to Sector 3C upon that cell's completion. The cost for relocating waste following a temporary overfill situation is estimated to be approximately $10 per cubic yard (CY). A one month disposal space shortfall could result in approximately 75,000 CY of temporary overfill with a relocation cost of $750,000. With the critical timeline, the project implementation will be accomplished with a two- phase construction sequence to allow opening a partial cell, in an effort to minimize the need and cost for temporary overfill. Preliminary evaluations and engineering determined that the expansion of Sector 3C is recommended in lieu of Sector 2A and 2B and requires amending the Solid Waste CIP. Expansion of Sector 3C is recommended as the most cost-effective short- and long-term solution to resolve the expedited need and defer the next planned disposal cell construction for another 5 years. Project Scope: This project provides for the design, bid and construction phase services for a 31-acre expansion of Sector 3C at the Cefe Valenzuela Landfill. The work includes preparation of the construction documents with accelerated design and 2-phase construction schedule. The engineering and design includes topographic and survey data collection with design for the new cell, leachate sump pump and discharge piping, drainage, dewatering pumps, controls and electrical services. Two design phase surveys are required; one for developing the construction plans and a second to coordinate ongoing landfill operations and daily cover activities. The design and construction phase support includes TCEQ coordination for the City's permit requirements for the new cell and the Temporary Authorization for Overfill. Although the goal is to complete and open the partial cell prior to exhausting existing landfill capacity, a Temporary Authorization for Overfill will be completed and submitted to TCEQ. The engineering services also include construction technical support required by TCEQ regulations and the landfill permit. The requirements include full time inspection for Construction Quality Assurance by a licensed technician or engineer during the landfill liner construction with a separate detailed post-construction report for each phase prior to operation of the new cell. The services include specific monitoring and tracking for each liner component to confirm that the liner materials meet the required material properties and that the construction and installation procedures comply with the permit and quality assurance documents. ALTERNATIVES: 1. Authorize execution of a professional services contract. (Recommended) 2. Do not authorize execution of a professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Hanson Professional Services was selected for professional engineering services by RFQ No. 2017-01 dated April 7, 2017. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget $8,500,000 $8,500,000 Encumbered / Expended Amount This item 823,251 823,251 Future Anticipated Expenditures This 7,671,000 7,671,000 Project BALANCE 1 $5,749 $5,749 Fund(s): Solid Waste CIP Comments: N/A RECOMMENDATION: City staff recommends a professional services contract award to Hanson Professional Services in the amount of $823,251 for Cefe Valenzuela Landfill Sector 3C Disposal Cell Expansion with the amendment to the Solid Waste CIP. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance Contract Location Map Presentation ORDINANCE AMENDING THE FY 2018 CAPITAL IMPROVEMENT PROGRAM BUDGET ADOPTED BY ORDINANCE NO. 031249 TO ADD PROJECT #E17118 CEFE VALENZUELA LANDFILL SECTOR 3C DISPOSAL CELL EXPANSION; INCREASING EXPENDITURES IN THE AMOUNT OF $823,251; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJESSIONAL SERVICES CONTRACT WITH HANSON PROFESSIONAL SERVICES IN THE AMOUNT OF $823,251 FOR THE CEFE VALENZUELA LANDFILL SECTOR CELL 3C DISPOSAL CELL EXPANSION FOR DESIGN, BID AND CONSTRUCTION PHASE SERVICES; AND DECLARING AN EMERGENCY. WHEREAS, the excess debris and trash created by Hurricane Harvey has prematurely depleted the capacity of the landfill. WHEREAS, a temporary overfill authorization is required from the Texas Commission on Environmental Quality (TCEQ) until the next cell is available. WHEREAS, the schedule for design and construction of the next cell has been accelerated due to need to minimize temporary overfill and operational costs. WHEREAS, the City Council approved the FY 2017—2018 Capital Improvement Program (CIP) Budget on its second reading on September 19, 2017, by Ordinance No. 031249; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is amended to add the Cefe Valenzuela Landfill Sector 3C Disposal Cell Expansion project #E17118. SECTION 2. Expenditures in the amount of $823,251 are increased in the FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249. SECTION 3. The City Manager or designee is authorized to execute a professional services contract for the Cefe Valenzuela Landfill Sector 3C Disposal Cell Expansion in the amount of$823,251 with Hanson Professional Services of Corpus Christi, Texas. SECTION 4. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 23th day of January 23, 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas 23 d day of January, 2018 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Joe McComb Mayor Council Members The above ordinance was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PROJECT BUDGET ESTIMATE CEFE VALENZUELA LANDFILL SECTOR 3C DISPOSAL CELL EXPANSION PROJECT FUNDS AVAILABLE: Solid Waste Capital Reserves................................................................................................... 823,251 Future Solid Waste Certificates of Obligation............................................................................... 7,676,749 TOTAL................................................................................................................................. $ 8,500,000 FUNDS REQUIRED: Construction:......................................................................................................................... 7,000,000 Construction (estimate).................................................................................. 5,000,000 Contingency................................................................................................ 500,000 Temporary Overfill (2 Months) ........................................................................ 1,500,000 DesignFees:................................................................................................................... 823,251 Engineering Service Contract (Hanson Professional Services)....THIS ITEM.......... 823,251 Inspection:............................................................................................................................ 250,000 Construction Inspection (estimate)................................................................... 250,000 Reimbursements:.................................................................................................................... 421,000 Contract Administration (Engineering/Finance/Capital Budget)................................... 170,000 Engineering Services (Project Mgt/Constr Mgt)....................................................... 250,000 Misc. (Printing, Advertising, etc.).......................................................................... 1,000 TOTAL................................................................................................................................. $ 8,494,251 ESTIMATED PROJECT BUDGET BALANCE.............................................................................. 5,749 SCALE: N.T.S. NUECES RIVER 624 NUECES BAY 1�1 ANNAVILLE p E 77 o RRipp U � Z 3 O Q f CORPUS CHRISTI SHIP g ✓, LEOPARD O a' ROBSTOWN = 44 44 CORPUS CHRISTI Zk'� 266 INTERNATIO AL F AIRPORT pµO O 356 Z L 9 4, O yOkr Y° �? 356 4f. Z �v Q� �TOp43 �Ok' o CABANISS ELD 665 43 O 00 PROJECT LOCATION Z �F JO 2444 RST W,V Cefe Valenzuela Landfill LOCATION MAP NOT TO SCALE Project Number: E17118 Cefe Valenzuela Landfill CITY COUNCIL EXHIBIT Disposal Cell Construction CITY OF CORPUS CHRISTI,TEXAS Sector 3C DEPARTMENT OF ENGINEERING SERVICES i . Bond Sale Request For Additional Landfill Capacity Council Presentation January 16, 2018 (I rnre o wr) Y � C mWoW�K a ' tiW;lE N69FMEN'ry �7h' Jw r l/ ..-" � -•�_+ -- �-a.�.`..9 WNR FIX1 Una 1 / FUTURE FOOTPF, � a N .4t r v n < _ oo� Background 0 • Located Approx. 12 miles from J. C. Elliott Transfer Station • 2,273 Acres • 2 Landfill Units • 12 times the volume of Elliott Landfill • 100+ Years Life Expectancy • Highest waste placement at 297ft elevation • Started taking in waste - July 2007 :u / 7 y UG/i na�-u m�I Ogg III!;!!Illilligli ii III iiiiii I Emil i a�wn�xx*wmm'w�ra+' livaa nxa+� n 1 �R N r Erorvvwivnerrl Inc. rH/ a Current Situation r. • Following landfall of Hurricane Harvey Municipal Solid Waste (MSW) tonnage increased by about 17%. We expect the volumes to remain higher than normal through the NEW (post storm) recovery period. • Approximate historical annual airspace utilization: 780,000 CY/year • Estimated Post-storm annual airspace utilization: 835,000 CY/year • Estimated date to reach sector capacity: October 2018 Plan of Action (t�g�u�BLo�7 • Hanson Professional Services was selected through an RFQ to design a NEW Sector for disposal in June 2017 • Design started in FY 17-18 and was subsequently adjusted to incorporate the impacts from Hurricane Harvey o Sector 3C was selected as the next disposal cell ➢ Area = 30.8 Acres ➢ Disposal Capacity = 4,800,000 CY ➢ Estimated Life = 5 years • Funding Mechanism: o Certificates of Obligation (COs) - $7.5M • Capital Improvement Projects (CIP): o Amend the CIP to accelerate this project c� ,0 Expected Results a�r�Hx.t tri This project will follow a "phased construction approach" to minimize the impacts of a possible overfill. An overfill would require double handling of waste, and authorization from TCEQ. Once the Sector 3C is completed, the overfill would be moved to the New Sector if necessary. \,\5 W Certificates of Obligations ,`!, • Amount requested - $7,500,000 • Will be paid from Solid Waste Revenues • Annual debt payments are estimated to be approximately $516,000 per year for 20 years • Minimal rate increase depends on the 2019 budget process • Required City Council action for Certificate of Obligation's o City Council date for the Design Contract is set for January 23rd w=� CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES PROJECT E17118 CEFE VALENZUELA LANDFILL SECTOR 3C DISPOSAL CELL DEVELOPMENT The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Hanson Professional Services, Inc., a Texas corporation, 4501 Gollihar Road, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Page 1 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E17118 CEFE VALENZUELA LANDFILL DISPOSAL CELL CONSTR SECTOR 3C\CONTRACT PROFESSIONAL SERVICES\CONTRACT.DOC ARTICLE I —SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A^d- 4. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 31d party owners/operators. Page 2 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E17118 CEFE VALENZUELA LANDFILL DISPOSAL CELL CONSTR SECTOR 8C\CONTRACT PROFESSIONAL SERVICES\CONTRACT.DOC 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $823,251. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Q_ons ltant shall sub-mit a Cate 2-Ghed ile0 as shov.gp in Exhihit R_90 with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Page 3 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E17118 CEFE VALENZUELA LANDFILL DISPOSAL CELL CONSTR SECTOR 3C\CONTRACT PROFESSIONAL SERVICES\CONTRACT.DOC 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH ORUNDERTHE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). Page 4 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E17118 CEFE VALENZUELA LANDFILL DISPOSAL CELL CONSTR SECTOR 3C\CONTRACT PROFESSIONAL SERVICES\CONTRACT.DOC 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project' refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs,to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Page 5 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E17118 CEFE VALENZUELA LANDFILL DISPOSAL CELL CONSTR SECTOR 3C\CONTRACT PROFESSIONAL SERVI CES\CO NTRACT.DOC Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee,the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Page 6 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E17118 CEFE VALENZUELA LANDFILL DISPOSAL CELL CONSTR SECTOR 3C\CONTRACT PROFESSIONAL SERVI CES\CO NTRACT.DOC 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the Page 7 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E17118 CEFE VALENZUELA LANDFILL DISPOSAL CELL CONSTR SECTOR 3C\CONTRACT PROFESSIONAL SERVI CES\CO NTRACT.DOC documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article I11. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with Page 8 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E17118 CEFE VALENZUELA LANDFILL DISPOSAL CELL CONSTR SECTOR 3C\CONTRACT PROFESSIONAL SERVI CES\CO NTRACT.DOC this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E17118 CEFE VALENZUELA LANDFILL DISPOSAL CELL CONSTR SECTOR 3C\CONTRACT PROFESSIONAL SERVI CES\CO NTRACT.DOC ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, attached as Exhibit E. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (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. Page 10 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E17118 CEFE VALENZUELA LANDFILL DISPOSAL CELL CONSTR SECTOR 3C\CONTRACT PROFESSIONAL SERVI CES\CO NTRACT.DOC 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 https://www.ethics.state.tx.us/legal/ch46.html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/confl ict-disclosure/index. 13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 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 anyArticle, 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. 13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HANSON PROFESSI NAL SERVICES, INC. 01/16/2018 Jeff H. Edmonds, P.E. Date Grant . J cks P.E. Date Director of Engineering Services Vice President 4501 Gollihar Road Corpus Christi, TX 78411 APPROVED AS TO LEGAL FORM (361) 814-9900 Office gjackson@hanson-inc.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\LANDFILL CEFE VALENZUELA\E17118 CEFE VALENZUELA LANDFILL DISPOSAL CELL CONSTR SECTOR 3C\CONTRACT PROFESSIONAL SERVICES\CONTRACT.DOC Project E17118 Cefe Valenzuela Landfill Sector 3C Disposal Cell Development Fund Name Accounting Unit Account No. Activity No. Amount Landfill 2015 CO 3367-033 550950 E17118-01-3367-EXP $323,251 Landfill 2017 CO 3368-033 550950 E17118-01-3368-EXP 500,000 Total $823,251 Contract for Professional Services Exhibit A HWIVA11 semroj�w, <0! HANSON 4VA Goffihar Road cwpius CIM:510 'W'X 764,11 �W)81144900 Fay ,(361)8 14-441011 www Mnson-Oc mim January 16, 2018 Mr. Jeff H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469-9277 Re: Cefe F. Valenzuela Landfill Development of Sector 3C Dear Mr. Edmonds: Hanson Professional Services, Inc. (Hanson) wants to thank the City of Corpus Christi (City) for selecting our firm to provide professional engineering services for the Sector 3C expansion project at the City's Cefe F. Valenzuela municipal solid to landfill (Landfill). The following outlines our proposal to complete this work. Upon selection for this project Hanson began work under a small A/E contract to assist the City with an evaluation of various landfill development scenarios, taking into account historical, current and projected waste disposal volumes, permit requirements, scheduling considerations and impacts from Hurricane Harvey. Through this process, the preferred alternative for the next cell development was determined to be the construction of Sector 3C. We understand it is the City's objective to complete the engineering design and prepare construction documents for Sector 3C, including associated markers, drainage components, pumps, controls and the extension of electrical service. Sector 3C as permitted has a footprint of about 31 acres and includes one(1) leachate collection sump, Because of limited remaining disposal space in currently developed cells and in an effort to avoid the scenario of a temporary overfill condition, an accelerated design schedule and a phased construction process are being proposed for this project. Design services will be performed under an accelerated schedule and will utilize design workshops at specified milestone points in lieu of the standard design submittal and review process. Construction of Sector 3C will be performed in a sequenced manner to allow the opening of a partial cell for waste disposal in advance of completion of the entire project. Approximately half of the cell will be constructed initially and certified for use followed by the completion of the remaining cell acreage. Our staff is familiar with the Cefe F. Valenzuela landfill and we have copies of the relevant permit documentation from the Texas Commission on Environmental Quality (TCEQ) governing the design and construction of the project. Based on this understanding of the work, we propose toperform the following specific tasks: EXHIBIT "A" Page 1 of 7 Mr. Jeff d o s, P.E. Director of Capital Programs, City of CorpusChristi January 16, 2018 -2- Engineering Designss Schemgfigsign The schematic design is based upon the specific liner configuration as depicted in the landfill permit narrative and related r i s consisting of the followingcomponents (from bottom t top): dewatering systemiunderdrain, prepared subgrade, geosyntheticclay liner ( ), 60 it High Density Polyethylene (HDPE) geomembrane, drainageoc posite/leachte collection system, protective ov r, including rin chimneys. Hanson will prepare schematic design package andhave a design workshop withthe Cityto review package. packageThe ill include: • A planview layout of the proposed construction, including h proposed configuration, sequencing constraints of each phase of the cell development plan. • A technical memo outliningconstruction work items for the bid package, approximate quantity and cost estimates, and a description of additional requirements (e.g. TCEQ mandated construction inspection/quality assurance testing, regulatory submittals, required infrastructure nsio , changes in financial assurance, required itio I monitoring, n rten c required.). • A proposed projectschedule • Narrative description of the material and construction procurement process. In order to maintain the designl for this project, review comments for each h o sin will be obtained at the design workshop for that phase and will be incorporated into the next designsubmittal, it requiring ri comments from h i . Construction Documents Package Based on the is received from i t the schematic design workshop, Hanson ill prepare draftconstruction documents representing approxi t ly % complete ill meet with the City in a design review ork . The package ill include: • Construction drawings, including plans, sections, and details, for the construction components identified in the schematic design • Construction specifications for construction components i tiff in the schematic design • Contract ocu nts, including instructions to bidders, agreements, bonds, general conditions and special con itions, using i standard forms withinformation required render those forms suitable for the project. II documents will be preparedin Citystandard r t and drawingsill be developedin electronic format(AutoCAD Civil 3138, updated through 1 r higher). Final drawings will be archivedfrom AutoCAD Civil 3D as Adobe Acrobat Portable Document For (.pdo set up as full size " is printable at a standard n ins rin scale and capable being reproduced o half size 11" x 17" sheets. Contract documents andspecifications will be preparedin Microsoftor iU be archived as .pdf, Pre-Final otrti ocu eats Package Based on the comments received from h i % Construction Documents review workshop, Hanson will prepare a Pre-Final package of construction documents andill meet with the Cityin a design review orksho review the package. The package will include updatedversions ocu nts furnished for the 60% submittal along withn opinion o probable ostru ion cost EXHIBIT "A" Page 2 of 7 �f, Mr. Jeff Edmonds, P.E. Director of Capital Programs, City of Corpus Christi January 16, 2018 - 3 - Final Construction Documents Following the incorporation of any comments from the pre-final construction documents review workshop, Hanson will prepare and deliver to the City Engineer final reproducible drawings, specifications and contract documents. This package will include: • An electronic version of all documents in PDF format on Digital Video Disk (DVD) or on other comparable electronic media acceptable to the City. • Three (3) hard copy sets of34"full size drawings • Three (3) hard copy sets of 11" x 17" half-size drawings • Three(3) hard copy sets of contract documents and specifications • One(1) hard copy of the opinion of probable construction cost Electrical Design (Sump Power Supply) This project will include the provision of a leachate sump pump along with the necessary power requirements and leachate discharge piping extending from the sump to the existing on-site leachate pond. The portion of Sector 3C that is proposed to be constructed initially will include the leachate sump and piping. Hanson will employ a sub-consultant for the electrical engineering design of these features. Assistance with Biqg[nq The City will utilize the CivCastUSA site for managing the bidding process and will be responsible for uploading documents, managing the project on the site and conducting the public bidding process. Hanson will provide the City with the following services during the bidding phase: • Consult with the City to determine the final bid date and advertising schedule • Attend the pre-bid meeting including a site visit to the landfill • Evaluate questions from bidders and prepare for the City Engineer written answers to questions or requests for additional information • Prepare written addenda for the City Engineer as warranted for any additional information or bid document revisions to be conveyed to potential bidders • Attend the bid opening • Review bids received, including a review of each bid to ensure it contained the minimum information to be considered responsive, and prepare a tabulation of bids • Prepare a written evaluation of the bids and recommendation for award Support Set-vices Pre-Construction Topographic SurveyinA Hanson will perform a pre-construction topographic survey of the proposed Sector 3C construction area to obtain information on existing conditions necessary for design, including estimation of excavation and/or fill volumes. This survey will be performed using conventional surveying equipment, based on the survey datum provided int TCEQ permit documents. There will be no separate deliverable of the pre-construction topographic survey; the results will be incorporated into the schematic design and construction documents. Because the City will be transitioning the Alternate it over operations area from within the limits of Sector 3C to Sectors 2B and 2C, Hanson will also provide a second pre-construction survey of the proposed construction area prior to the contractor's mobilization to the site in order to document existing topographic conditions before earthwork operations begin. There will be nos ar to deliverable of this survey; the results will be used to calculate earthwork quantities for payment. EXHIBIT "A" Page 3 of 7 Mr. Jeff Edmonds, P.E. Director of Capital Programs, CityCorpus Christi January 16, 2018 -4- Permitting— or ri tion for v SII As mentioned previously this project is beingphased so that portion r 3C will be constructed first, certified, and opened receive se prior to the completion of the rest o the sector. The project is beingsequenced this way in consideration of the limited, currently available it for waste disposal and increased volumes of wastein received o the impacts from rric . While the objective of this strategy is to complete the new disposal area prior to exhaustingexisting airspace, r authorization ( A) for overfill will be preparedroc concurrent with the designf the new cor. We understand t the City desires to proceed withthe TA request from in the event that unanticipated circumstances I y the partial cell completion, sine xas Solid Waste Disposal Act requires the City to make adequate provision for waste disposal. Hanson will prepare submit TA request for overfill to the TCEQ duringsin and bidding phase of the project. The TA submittal will be made in accordancei Title 3 , Texas Administrative ) Chapter 305 and will contain location exhibit, a narrative explanation of the process, procedures andcontrols to be used for the overfill, and drawings illustrating the horizontal and vertical t of the overfill. Hanson will respond in writingo one request for additional information from TCEQ in support of thissubmittal. The Cityill provide it i previous overfill TA's that have r approved for prior cell construction projects at the landfill. Construction Administration iAssurance Construction Administration Hanson will provide the followingservices during the construction phase of this project: construction administration services outlined la r based a construction contract term of nine ( ) months from otie to Proceed to substantial c I tion. • Attend and assist the Citywith thepre-construction conference • Review up to fifteen (1 ) material and other submittals cus ril rovi d by the contractor or required contract documentsduring the courseof construction. Submittals r iri or o ( ) reviews nso ill be performedon a time and materials basis, noted separately on ns 's billing to the City. The contract documents ill specify that the contractor reimburse the City for the cost of these additional reviews. nso ' review of the contractor's submittals sh II only be for the purpose of checking for general conformance ih the design concept expressedin the contract documents. Hanson shall not be responsible for any deviations between the shop drawings, the contract documents, and field conditions. • Provide interpretations and clarifications of the Ins and specifications for the contractor and authorize in r changes which do not affect the contractor's price or the duration of the construction contract, and are not contrary to the general interest of the Cityunder the contract. • Review andevaluate up to thr O change order proposals that may be necessary during the progress the workincluding recommendation t cc r reject. • Consult i the City and exchangeoral status reports on a weeklybasis during construction. • Make weekly visits to the project site to observe the general progress and qualityof the work, and determine, in general, if the work is being donein accordancei the contract documents and in accordancei the quantities of work represented in current contractor requests for payment. Weekly site visits will not constitute or be confused with resident project represtative services or continuous monitoring of the progress of construction. Hanson sub-consultants y also make up to three O site visits during EXHIBIT "A" Page 4 of 7 77�//// // 411 4kMkM.VAIXV 4 Mr. Jeff Edmonds, P.E. Director of Capital Programs, City of Corpus Christi January 1 , 201 construction. Additional on-site observation ill be provided by Modern Technology/ModernEnvironment ( T ) of Corpus Christi, Texas as a portion of the Geotechnical Quality Assurance (QA) services as described below. • Conduct an inspection in anticipation of substantial co letion and preparec list f items for correction, repair or installation y the contractor prior to final inspection. • Conduct n I inspection with the City and contractor, to include an orientation by the contractor to familiarizei rso C with the mechanical and control systems. • On thebasis of contractor's field t o "red-line" r i s, Hanson's field observations, approved change orders, and documentedchanges reported by the City's inspector(s), Hanson will prepare a set of record drawings to be provided in both electronic format( s described for the % submittal) and in one(1) hard copy. • Hanson is not responsible for the contractors n methods of construction. Post-Construction a o rase vin. Hanson will perform post-construction topographic surveys to document the horizontal and vertical placement of construction elements required regulations,t cili ' permit and the construction QA documents. These will include surveys of the excavation, the GCL subgrade, the o r liner panel seams, protective cover layer and the wastefor ballast layer. To accommodateconstruction sequencing,the survey of eachlisted component ill include up to two O mobilizations for each phase of the construction. We will also coordinate i the contractors surveyor to confirmlocation and information for the Landfill's existing survey control system. Geotechnical QA Services L TCEQ regulations the facility permit require t during landfill construction, the City provides geotechnical QA services to confirmthe landfill liner materials meet the required material properties and that the construction and installation procedures comply i the requirements identified In the permit and QA documents. Additionally, it is required that qualified technician or engineer be present on site Il times when liner construction is occurring (consisting L, geomembranes, leachate collection system, d protective cover placement). This on-site s ry tion will be supplementedwith the field n laboratory testing program outlined in the permit and QA documents. Properly credentialed personnel and analytical laboratories will be used for all testing, as outlined in the permit and the QA documents. The results of all field laboratory stip ill be included in the appropriate reports submitted the TCEQ. Modern chnolo l rn Environment ( ) will provide construction Quality Assurance(QA)services and preparation of the documentationfor TCEQ submittal as a sub- consultantto Hanson. MTME staff will be on site o observe and documentconstruction, as 11 as coordinate sampling field n laboratory testip of construction materials. As the professional of record, MTME will prepare the yteic Clay Liner Evaluation Report ( L ), and the GeomembraneLiner Evaluation Report ( L ) for submittal t . Because Sector 3C will be constructed in two phases,two( ) separate repos will be required for submittal to the TCEQ for both the GCLER andGLER. A Ballast Evaluation Report(BER) is required nsr t the landfill has placedu s in the cell to provide ballast r v t uplift of the landfill liner, based on the design established in the TCEQ permit. This report l require two submittalsdue to the phased nature of the construction, depending upon the extent of the groundwater conditions. Because the QA effort is greatly influenced by the scheduleproductivity f the contractor, the fee for geotechnical rvic is recognized an estimate billing ill be on a time and materials (T ) basis for actual hours worked plus reimbursable costs (materials t si , EXHIBIT "A" Page 5 of 7 Mr. Jeff Edmonds, P.E. Director of Capital Programs, City of Corpus Christi January 16, 2018 -6- shipping,vehicle usage,etc.). The fee estimate for the QA services is based on a construction contract term of nine (9) months from Notice to Proceed to substantial completion, working twelve (12) hours per day, seven (7) days per week. Schedule This schedule was developed in consultation with City staff and includes an aggressive timeline with the objective of providing the City with uninterrupted disposal space at the landfill in light of increased volumes of waste being received and limited remaining airspace in the developed portion of the existing cells. As mentioned previously, one time saving measure being utilized on this project will be to have design workshops for project reviews rather than the standard submittal and review process. The proposed schedule for the project is presented below. ............................................................................................................... 0 ect c e u e ......... ..- ............. ........................................... _.a siRn Slart12/18/2017 .................................................Workshy............. ............................................................................................................. ......................................................................_',.................................................................................................... SchematicDesiaOp 1/3/2018 .......... ..................................................................... .......................................................................................... 60% D2esaiq arks 1/2212018 !Y���......................................................................................................................................................................................................................................................................................__ .............................................. Pre-Final De§.!gn si��................................................................................................................. 2/5/2018 M!L ... ........ ....... ....................................................................................................................................................................... Bale mD_"r`_aw­in� q_§ubmJ�a1 2/19/2018 Advertise 2126/2018 Advertise 3/5/2018 ...................................................................................................................................................................................................................................................................................................... ................................................................................................................ ............................. Pre-Bid M22gpq 3/14/2018 PLid pkenjn�... 3/21/2018 Council Award .................................................-74 -i ................................................................................................. .......................................................................................................I..................... ............................................................... Council Award 4/17/2018 ....................................................­­................ ............................................. ........ Be m 5/16/2018 rSe!cAuthorized ior_oReceh� ............ ................................................................... Compensation Based on the tasks outlined above, the proposed fee for these services will be as follows: ......................................................................................................._­­_­',.,,.................................................................. .......................re—e ............................................. ........................................................................................................... ........................................................ EngineeringRts�nan�d Assistance with Bidding.................................................................................................................................................. Schematic Design $24 050 ............................................................................................................................................................................................... ............................................................................................... 60% Des' �$4 .-- 9 .......................... .......... ..................................................................................................................................................... ................................... . ..._1,81Pre-Ffinal Desi 60 .......................................................................................................................................................................................... Final Construction Documents $23,852 -ffl......................._r5­111".__1_._ . -......................................................................................................................................................................................................................... ....................................... Electricalesign §6iconsultant ........................................................................................................................................................................$15,400 Assistance with Biddina $12,709 Support Services ................... .......................................- "I'll-111,111,111,11'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll"Ill""I'll""I'll"-.111.111111.11.1.-I........ $17,880 Pre- onstruction hic ............ $11,402 ....................................................................................................... Construction Administration and Quality Assurance Construction A'im—inistration $99,870 .................................................. .............................................................— instruction $54,890 n .......................................................... Geotechnical QA Services nd Materials Esti Tte ...... ................ ........ .....M................ ....... ............. $473�21,il�2 I Total Engineer and Construction Administration $823,261 EXHIBIT "A" Page 6 of 7 Mr. Jeff Edmonds, P.E. Director of Capital Programs, City of Corpus Christi January 16, 2018 -7- We value our on-going relationship with the City of Corpus Christi and appreciate the opportunity to submit this proposal to you. We to forward to working with you on this important project. If you have questions or need additional information, please do not hesitate to contact us. Sincerely, HANSON PROFESSIONAL SERVICES INC. Z#A0YA--- Grant A. Jackson, P.E. Vice President Enclosure cc: Lawrence Mikolajczyk, Director of Solid Waste Services L11 7jobskl 71-01 59kAdmInI03-ProposahFinal ProposaliCefe Sector 3C Proposal(Rev 2)01 16 201 B.docx i ! '' g:111 i 1 1 111MINaano EXHIBIT "A" Page 7 of 7 EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.001 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBDI TBD11 TBD TBD TBDI TBD TBD TBD SCADA TBD TBD1 TBD1 TBD TBD TBD1 TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.001 $1,627.001 $4,747.00 $500.00 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.001 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.001 $1,120.00 $1,627.001 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.001 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT,.B,. If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 Contract for Professional Services Exhibit B EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: Contract for Professional Services Exhibit C 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 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services Exhibit C SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION EXHIBIT D Cityor or CCITY OF CORPUS CHRISTI h pull Christi. DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Hanson Professional Services Inc. P. O.BOX: STREET ADDRESS: 1525 South Sixth Street CITY: Springfield, Illinois ZIP: 62703- FIRM IS: 1. CorporationXB 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "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 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: Grant A. Jackson Title: Vice President (Type or Print) Signature of Certifying ��� Date: Person: 01/10/2018 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Exhibit F 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..............................................................................10 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................................................................10 Article 6—Bonds and Insurance .................................................................................................................12 Article 7—Contractor's Responsibilities.....................................................................................................12 Article 8—Other Work at the Site...............................................................................................................12 Article 9—Owner's and OPT's Responsibilities...........................................................................................12 Article 10—OAR's and Designer's Status During Construction ..................................................................13 Article 11—Amending the Contract Documents; Changes in the Work ....................................................14 Article12—Claims.......................................................................................................................................14 Article 13—Cost of the Work; Allowances; Unit Price Work......................................................................14 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................14 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period........................................14 Article 16—Suspension of Work and Termination.....................................................................................14 Article 17—Final Resolution of Disputes....................................................................................................14 Article18—Miscellaneous..........................................................................................................................14 Excerpt from Form 00 72 00 General Conditions- 1 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning 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. Excerpt from Form 00 72 00 General Conditions-2 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; 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. §§5501 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. Excerpt from Form 00 72 00 General Conditions-3 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; 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 13. 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 15.03 or 15.04. 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 or Registered 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. Excerpt from Form 00 72 00 General Conditions-4 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. 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. Excerpt from Form 00 72 00 General Conditions-5 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. 44. Project-The total undertaking to be accomplished for Owner under the Contract Documents. 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; Excerpt from Form 00 72 00 General Conditions-6 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, 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. Excerpt from Form 00 72 00 General Conditions-7 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. 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 Excerpt from Form 00 72 00 General Conditions-8 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 B. 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. 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 A. Submit questions concerning the non-technical or contractual/administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. 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. Excerpt from Form 00 72 00 General Conditions-9 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 A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions- 10 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. 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. Excerpt from Form 00 72 00 General Conditions- 11 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 A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. 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. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 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 Excerpt from Form 00 72 00 General Conditions- 12 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. 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 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. Excerpt from Form 00 72 00 General Conditions- 13 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 Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 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 14.04, 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. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CLAIMS ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16—SUSPENSION OF WORK AND TERMINATION ARTICLE 17—FINAL RESOLUTION OF DISPUTES ARTICLE 18—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions- 14 SC AGENDA MEMORANDUM 852`° First Reading Ordinance (Tabled)for the City Council Meeting of Jan. 16, 2018 First Reading Ordinance for the City Council Meeting of Jan. 23, 2018 Second Reading Ordinance for the City Council Meeting of Jan. 30, 2018 DATE: December 29, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of$1,000.00 donation from Wal-Mart to support the Corpus Christi Fire Department Smoke Alarm Program CAPTION: Ordinance authorizing the City Manager or designee to accept a donation from Walmart in the amount of $1,000 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $1,000 from Walmart into the Fire Grant Fund No. 1062. PURPOSE: Every year Wal-Mart Stores give out donations through it's"Safe neighborhood Heroes" program. This year Walmart has donated $1,000.00 to the Corpus Christi Fire Department to support it's Smoke Alarm Program. The Fire Department will purchase smoke alarms and provide them to the public upon request. ALTERNATIVES: If we don't accept the donation, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate donation funds. EMERGENCY/ NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance— Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,000.00 $1,000.00 BALANCE $1,000.00 $1,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to accept the donation and appropriate the funds in the amount of$1,000.00 LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a donation from Walmart in the amount of $1,000 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $1,000 from Walmart into the Fire Grant Fund No. 1062 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a donation from Walmart in the amount of$1,000 to be used support the Corpus Christi Smoke Alarm Program. SECTION 2. That $1,000 from Walmart is appropriated in the Fire Grant Fund No. 1062 to be used to purchase smoke alarms. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SC AGENDA MEMORANDUM v First Reading Ordinance (Tabled) for the City Council Meeting of Jan. 16, 2018 NORPgRpEO First Reading Ordinance for the City Council Meeting of Jan. 23, 2018 1852 Second Reading Ordinance for the City Council Meeting of Jan. 30, 2018 DATE: December 29, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from Koch Companies Public Sector, LLC in the amount of$10,000.00 as a donation from their 2017 Helping Heroes Grant Program. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of$10,000.00 to be used to purchase a Hazardous Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062. PURPOSE: Koch Companies Public Sector, LLC has forwarded to the Corpus Christi Fire Department a check in the amount of$10,000 as a grant from their Helping Heroes Grant Program. The funds are to be used to purchase a Hazardous Chemical Detector to assist firefighters in mitigating Hazardous Material Incidences. The grant was unsolicited. This is the third year Koch Companies have awarded the Fire Department $10,000. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY/ NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance— Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $10,000.00 $101000.00 BALANCE 1 $10,000.00 1 J $10,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of$10,000. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of $10,000.00 to be used to purchase a Hazardous Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of $10,000.00 to be used to purchase a Hazardous Chemical Detector. SECTION 2. That $10,000.00 from Koch Companies Public Sector, LLC is appropriated in the Fire Grant Fund No. 1062 to be used to purchase a Hazardous Chemical Detector. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SC AGENDA MEMORANDUM v First Reading (Tabled) for the City Council Meeting of January 16, 2018 NORPgRP�E� First Reading for the City Council Meeting of January 23, 2018 1852 Second Reading for the City Council Meeting of January 30, 2018 DATE: December 1, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Dan Grimsbo, Interim Executive Director of Utilities and Development DanGcctexas.com (361) 826-1718 FROM: Esteban Ramos, Water Resource Manager, Water Utilities Development Esteban R2@cctexas.com (361) 826 -3294 Amending City Code of Ordinance, Revising the City's Drought Contingency Plan CAPTION: Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55, Article XII Water Resource Management, regarding water resource management including drought restrictions, providing an effective date of February 1, 2018; and providing for penalties. PURPOSE: This amendment revises the City's Drought Contingency Plan. It is also a requirement of the TCEQ and TWDB to submit a revision every five years. BACKGROUND AND FINDINGS: On October 17, 2017 the City Council requested staff to reexamine the current Drought Contingency Plan in order to make adjustments in regards to current water supply conditions. The suggested changes are highlighted in Yellow regarding stage trigger level changes and termination requirement language. In addition, we are suggesting to remove the 15 consecutive day requirement. Drought CCR/LCC Target Termination Requirement Stage Combined Demand Response Reservoir Reduction Storage ........................................................................................................ ................................................................................................ �.......p......�........ .............................................................................................................................................................................................................................................................................. Sterne 11 dY@ �6(lor�Le TexaRa X50 Rther of pA:`1''..`Jd`"' Lake T Ra those GeRditieRS must evict fnr '1 5 fYFFF�t ism neRsenu hive mays ...., ...., ...., ...., ...., ..,., ..... ...., ....., ...., ...., ...., ...., ...., .....____.........., Stage 12- <40% 10% >50% Combined storage, #er15 "Mild" GA-Aser iti„e days .... .... Stage 23 <30% 15% >40% Combined storage, #er15 "Moderate” GeRseeuti„e days .... .... Stage 34 <20% 30% >30% Combined storage, #er15 "Critical” GA-Aser iti„e days Stage 46- Not 50% Emergency water shortage condition "Emergency” Applicable may be rescinded when the City Manager, or designee deems appropriate ALTERNATIVES: None OTHER CONSIDERATIONS: These Plans, once approved by City Council, will be submitted to TCEQ and TWDB. CONFORMITY TO CITY POLICY: EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: The Staff recommends approval of the Ordinance to amend the City's Drought Contingency Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance to amend the City's Drought Contingency Plan Drought Contingency Plan (as amended) Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55,Article XII Water Resource Management,regarding water resource management including drought restrictions, providing an effective date of February 1, 2018; and providing for penalties. Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Resource Management, are amended,with the new text shown in underlined redline text, and the deleted text shown in redline strike-through text, as follows: ARTICLE XII. -WATER RESOURCE MANAGEMENTLE Footnotes: --- (7) --- l :dli1ouim°'s unote rd II o 24396, § 1, ad() ed 11Maurv. 20, 2001, amended auk SII, Iiia uls en fires y, read as hereuua ss� ouuu� Il:()urvirrner au1 XH pei17auuasal k) sliiinlllar sulbe(1irrnaHer See llhe Code Compairafive Il sll)llce Sec. 55-150. -Scope, purpose, authorization, and definitions. (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought Contingency Plan 1 , dated 29 Januak2, 204-3.2.0..1..8., as amended by ordinance, a true copy of which is on file 201....... J..... .......:...............................::.Y:.... in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) Declaration of policy. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c) Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. (d) Definitions. The following terms used in this article are defined as follows: Page 1 (1) "City manager"means the city manager or the city manager's designee. (2) "Drip irrigation" means an irrigation system that applies water at a controlled low-flow levels directly to the soil. (3) "Fountain"means an artificially created jet or stream of water; a structure, often decorative, from which a jet or stream of water issues. (4) 'Industrial customers use of water for processing"means the use of water in processes designed to convert materials of lower value into forms having greater usability. (5) "Non-essential purpose"means water uses that are not essential or not required for the protection of public health, safety and welfare. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-151. -Water conservation measures at all times. (a) The following measures are year-round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels: (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out-of-repair water closets, underground leaks, defective or leaking faucets and taps. c. Allow water to flow constantly through a tap, hydrant, valve,or otherwise by any use of water connected to the city water system. d. Use any non-recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public rights-of-way. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 a.m. and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day, unless the city enters Stage 34 Drought. However, the use of water is permitted at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. (3) Restaurant water saving:Commercial dining facilities must only serve water upon request. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24726, § 1, 1-8-2002; Ord. No. 026235, § 1, 4-26- 2005; Ord. No. 026542, § 1, 11-15-2005; Ord. No. 028141, § 1, 4-28-2009; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-152. - Drought management: Drought contingency stages. (a) The level of drought severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of drought in the form of stages: Page 2 (j2) Stage ° ,2 M..waBer;(.I ioi 9ag. Ag ..RV(Aera@@ erre;; r s4ea8w g& (29 n IIo B BtlR�..�ubI1QR10Von e c4,@ve &wate;,^;4o"i r a&w&G(�-44I4Fi)Rr (34) Stage 34: Critical water shortage condition. (45) Stage ^':15: Emergency water shortage condition. (b) Criteria for initiation and termination of drought response stages: (1) The city manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, when the specified "triggers" are reached. However, the city manager, in the exercise of the city manager's discretion, may initiate or terminate any stage when the city manager deems necessary at any particular time. (2) The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. (3) Whenever any of the stages listed below are triggered, the city manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4) To the extent of city's legal authority, the city manager shall require the city's raw water and wholesale treated water customers to issue public notice advising their water customers of conservation and drought management activities consistent with the stages listed below. (c) The triggering criterions are as follows: #4 Q 14�rra;: b& irr964-CtE4 4) VE) H1441i4- GG-AG8-V@...Wate-...a44. 448r& tG 1.ra&GGr4) GRA,.. Gr44�R r at@r 646rr.4 y.4@ (;E�44Rrrd. 64)Rr �.q& !R@-ra@M Gf Q4okce Qagy(� -A....R veserv(( a 14 L::@ @ Qea;.�s....Qh-i ist:e...48�441-86 b&GW (5 9)-�@&Ii G&R:e rR �11F@Xa44a.:t()-r@98 r rrM tRrr(44.1&S RRrr.GW.(S..R.yR) 1.r8r.-GrrRt8 RRrr�R� irrrei�rrr B...rR 9rrrd��i�ie�w�eir; &te;qrr 1 oft4e RI:G5y.-R r&irrGGy-14@dW. ':118144 @ GG4:4Rrrd .:4*a-9rr Ilrr��rrR r;f Q4E)��& Qagyra+r R R&G@rvO4r...a4 QGrl@HG Qh-i iGt:8 Garr@.:&.: (99)- 1@@r G&R c a::&xa4a._r4 a-9@ yIGarrar:arr.: 9 R MR-Rear of t4rrs@ nl�uGt rrXiGe..#R a pe-40d Of 4 5 GG-A :rr4.4tu V days of Rywrg& R., (R Stage 12 hfild yp ' hortag �qla a 4M:*r�ari& crr4414r41� Requirements for initiation -The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below forty(40) per cent. Requirement for termination -Stage.:1..2 of the plan may be rescinded when the combined storage level yincreases above fifty (50) per cent .# a I�@rr4R�r-� G #4@&H (,9w:;)....cp R .:rr�;!p uei�rr days:: -R:�pe—n �'! I IR"Iw"BIMrF Y G " rg 8i.'.,..& r&w$G...,4 RNG?S✓)i: 1@s . 9age Slc.«r r re walershodag2 Requirements for initiation -The combined storage levels declines to below thirty(30) per cent. Requirement for termination -Stage3--of the plan may be rescinded when the combined storage level increases above forty (40) per cent ...4 a pe-4o4 Gf RMR9-rrRar (15) GG-A :84!,4te err @y,V.SyS,,. Upon termination of Stage 2:3, Stage.:1.:2 becomes operative. (,34) Stage 314- Critical water shortage condition: Requirements for initiation -The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below twenty(20) per cent. Page 3 Requirement for termination -Stage 34 of the plan may be rescinded when the combined storage level increases above thirty (30) per-cent,,,,, A�* ,; pE?44)d Gf 1A@&H (15:). d�ay&.,: Upon termination of Stage 34, Stage.1�1;':3 becomes operative. (::15) Stage 45-Emergency water shortage condition: Requirements for initiation -When the city manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or manmade contamination of the water supply source occurs. Requirement for termination -The emergency water shortage condition may be rescinded when the city manager, or designee, deems appropriate. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 1, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-153. - Drought management: Drought best management practices per stage. (a) In order to achieve water use reduction during drought, a series of best management practices will be enacted and enforced at each stage of a drought. These best management practices (BMP)are listed below bystage. During Stages 1.:2,29,and 34, requests for exceptions may be presented to the director of water operations or his designee. (1). I::.w:i qew: vc:k1441�y...-(5) I@8G&R 1��8d-H4GHq ieR 4a4-y W..,46 44 ��..��:do �, wrvir w,.. w1iNw iwir w1 y; 1 +w ; �.aII Ny&ys4erl, (2) I3@st er:-@i4 agan::;@ R8 p @44,-(ax.;..-1r s�:ppF 4y 4aag&R'4&H8 4118 G45y.-w 4 @Ra-Gt gara4ar4Ja y nce sou res to rE464G& Gr 46GG-AtA R64e...t4@ Wr:d114R9 Gf water 14:4R.G 4" I:�a..���9i:p..�4� ��. ..ui������ 6���4IM 8 Ww:�� Ar* ReRLeata-bk­)-�u.:as ee-t4e9ie�;tese &A&H9 (9) VV :e&l He& #4 @d-64GM49 4814: :R4� GH:a-tG i:@aG..... @ a&964—Cax.:eed to vra4Jw 1r 4y ...4qJ_:4o18 Of era-c;:RG& :ae-�...W@&kc....:4d118W;;t@rW-19 be C 44-18d..byt4@..G4or desi�qR@&,,. 4 � A4- Gf t4e Quit Gf Qc:ffHG y 64a4m4:..W��4@a He& L@a&GGrM;mu&d (F:: Vy"ae&ir ..uie ..ra1� @G-1@d 4).... ;.a . 4(,-G- W.. @r w:44 eG- 44_114:1i@ r Cllp g Y ��r ... Stage �s.: response.... hliild...i�� (1) Target: During Stage 12, achieve a ten (10) per cent reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) &@st @a,@4:p-c # .:��pF 4-"y nca4agancc&He 4R the best management practices for supply mans ement 114,:8@d �ui44@a ' ew������w�� 1�,�������the cit will also p pp y g � �� y do the following during Stage 12: a. Use more repair crews if necessary to allow for a quicker response time for water-line leak repair; and Page 4 b. City crews (water and other departments) begin monitoring customers' compliance with Stage 12 restrictions during the course of their daily rounds. (3) The following water use restrictions shall apply to all persons during Stage 12: a. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day in accordance with drought contingency plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the city water department to be prominently posted on the premises within two (2)feet of the street number located on the premises. b. Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. c. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure,the facility shall not be subject to these regulations. d. The use of water to maintain integrity of building foundations is permitted on any day at any time only by use of hand-held hose or drip irrigation. e. Except for immediate fire protection or flushing of water lines,the use of water from a hydrant is only allowed with a permit granted by the director of water operation or his designee and a construction meter obtained from the utility business office. �dStage .S response - l r«d.....:.r.........'......ga64water shortage conditions. (1) Target: During Stage 1,;r3, achieve a fifteen (15) percent reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 12, the city will also do the following during Stage 23: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. (3) Water use restrictions for demand reduction: All requirements of Stage 12 shall remain in effect during Stage 23 except as modified below: a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval Page 5 by the director of water operations or his designee, for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the city water department to be prominently posted on the premises within two (2)feet of the street number located on the premises. b. The watering of golf course fairways with potable water is prohibited.The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand-held hoses, hand-held buckets, or drip irrigation. (4) During Stage 23, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 34 response - Critical water shortage conditions. (1) Target: During Stage .3.4, achieve a thirty(30) per cent or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 3 water shortage conditions to discourage discretionary water use, as described in section 55-154 for retail customers and section 55-159 for wholesale customers. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 2:3, the city will also do the following during Stage 34: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water use restrictions for demand reduction: All requirements of Stage.:1..2. and 2:3 shall remain in effect during Stage 34 except as modified below: a. Irrigation of landscaped areas shall be prohibited at all times. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. c. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless utilizing water from a non-city alternative source) is prohibited. d. The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 2„9 watering day and shall be done by hand or drip irrigation method. e. All fountains shall only operate to circulate water in order to maintain equipment. f. The use of water for construction purposes from designated fire hydrants with a special permit will continue with a ten (10) per cent surcharge added to the water rate. (4) During Stage 34, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. Page 6 b. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (f) Stage 45 response -Emergency water shortage conditions. (1) Target: During Stage 41 , achieve a fifty (50) per cent or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 54 water shortage conditions, as described in section 55-154. During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the city manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the city, under the city manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the city, under the city manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage.3.4, the city will also do the following: • Call the ten (10) largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. (3) Water use restrictions for demand reduction: During Stage m415, all requirements of Stage .:1..2., 2,9, and 34 shall remain in effect except as modified below: a. Irrigation of landscaped areas is absolutely prohibited. b. Use of water to wash any motor vehicle, motorbike, boat,trailer,or other vehicle is absolutely prohibited. c. Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4) During Stage 41 , the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. - . -Surcharges or drought toes g g g 9) "4 and 415, and service measures. (a) General. (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The city council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. Page 7 (2) This section, and the surcharges and measures adopted herein are an exercise of the city's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3) With city council approval, the city manager or designee is authorized to determine trigger points and surcharges during Stages ,�.��, ,w1mr.�.and mr y.emergency water shortage conditions. „�,��;,, „ (4) In this section, institutional customer means city utility customer which operates as a not-for-profit entity. (5) A customer may appeal an allocation or drought surcharge triggering point established under this section to the director of water operations or his designee on grounds of unnecessary hardship through the process outlined in section 55-155. (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the water department as reflected in the city operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to city council for city council direction. (b) Residential water customers, who are not billed through a master water meter. (1) A monthly base amount of three thousand (3,000)gallons shall be established as a trigger point for each customer.Water consumption up to and including this amount will not include a drought surcharge. (2) Above the three thousand (3,000) gallon monthly consumption trigger point, with city council approval, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. (1) Once Stage.:1..2 condition has been declared, property managers of multi-tenant units shall notify the city director of water operations of number of residential units in their facility for determination of allocations. Until so notified, the city shall calculate the allocation based on two (2) residential units per master water meter. A monthly base amount of three thousand (3,000)gallons shall be established as a trigger point for each residential unit. (2) When consumption for the month is less than or equal to three thousand (3,000) gallons times the number of residential units, there will be no surcharge. (3) With city council approval, when consumption is above the three thousand (3,000)gallons times the number of units, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (d) Commercial orinstitutional customer. (1) A monthly water usage allocation shall be established by the city manager or designee for each commercial or institutional customer. (2) Method of establishing allocation: a. When the combined reservoir capacity is less than twenty (20) per cent of total capacity (Stage 34), the commercial or institutional customer's allocation shall be ninety(90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 2..„1 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, ninety(90)per cent of whose monthly usage is less than six thousand (6,000)gallons, shall be allocated six thousand (6,000)gallons. Page 8 d. The city manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the city' utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager: 1. If one (1) nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or 2. If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. (1) A monthly water usage allocation shall be established by the city manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is Tess than twenty (20) per cent of total capacity (Stage 34), the industrial customer allocation shall be ninety(90)per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12)months prior to the implementation of Stage.:1.,2 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one-twelfth of ninety (90) per cent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on ninety (90) per cent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. Page 9 (f) Commercial, institutional, and industrial customers shall pay the following drought surcharges: (1) Customers whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons per month: a. Five dollars ($5.00) per one thousand (1,000) gallons for the first one thousand (1,000) gallons over allocation. b. Eight dollars ($8.00) per one thousand (1,000)gallons for the second one thousand (1,000) gallons over allocation. c. Sixteen dollars ($16.00) per one thousand (1,000)gallons for the third one thousand (1,000) gallons over allocation. d. Forty dollars ($40.00)for each additional one thousand (1,000)gallons over allocation. (2) Customers whose allocation is twenty-one thousand (21,000)gallons per month or more: a. One(1)times the block rate for each one thousand (1,000)gallons in excess of the allocation up through five (5) per cent above allocation. b. Three (3) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) per cent above allocation. c. Five (5) times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen (15) per cent above allocation. d. Ten (10) times the block rate for each one thousand (1,000) gallons more than fifteen (15) per cent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the city). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the city)to the extent reasonable and practical under the circumstances. (h) For residential customers, the following measures come into effect after city council approves a drought rate surcharge; for nonresidential customers, these measures come into effect at Stage .3^4,. Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more two (2)or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds trigger point by four thousand (4,000)gallons times the number of dwelling units or more two (2)or more times (which need not be consecutive months). Page 10 (3) Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons exceeds its allocation by seven thousand (7,000)gallons or more two (2)or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand (21,000) gallons or more exceeds its allocation by fifteen (15) per cent or more two (2) or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers, after the first disconnection, water service shall be restored upon request for a fee of fifty dollars ($50.00). (6) For such customers,after the second disconnection,water service shall be restored within twenty- four(24) hours of the request for a fee of five hundred dollars ($500.00). (7) If water service is disconnected a third time for such customer,water service shall not be restored until the city re-enters a level of water conservation Tess than Stage 29. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (8) The city manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer(for example, a major water line break)for the following conditions: (1) The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). (2) A sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. Q) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like,such references shall mean the period in the city's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is thirty(30)days, but a variance of two (2)days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Sec. 55-155. - Requests for exemptions and variances. (a) The director of water operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this article shall file request on city-provided application for exemption/variance with the city water department within five (5) days Page 11 after a particular drought response stage has been invoked.All request forms shall be reviewed by the director of water operations or his designee, and shall include the following: (1) Name and address of the water user(s). (2) Purpose of water use. (3) Specific provision(s)of the ordinance from which the water user is requesting relief. (4) Detailed statement as to how the specific provision of the ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this plan. (5) Description of the exemption or variance requested. (6) Period of time for which the exemption or variance is sought. (7) Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this plan and the compliance date. (8) Other pertinent information; or as required on permit application. (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this article occurring prior to the issuance of the exemption/variance. (d) All requests for variances/exemptions shall be reviewed and determined within three(3)business days of receipt of complete application. (e) The director of water operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the director of water operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2)feet of the street number located on the premises. (g) A person denied request for permit or exception from these rules may appeal the decision to the assistant city manager for public works, utilities and transportation by submitting written request for appeal to the assistant city managerwithin five(5)business days from issuance of denial.The decision of the assistant city manager shall be final. (h) Violations of any permit condition may be enforced under section 55-156. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 3, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-156. -Violations, penalties, and enforcement. (a) 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 five hundred dollars ($500.00) 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. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. Page 12 (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-157. - Effluent distribution; permit and regulations. (a) Upon implementation of the City of Corpus Christi Water Conservation Plan as provided in this section, the city may make available effluent water discharged from its sewage treatment plants for the purpose of watering lawns, grass, and other plants, dust control and similar uses. (1) Such effluent water shall be made available only under the terms and conditions herein provided and only to such persons as are duly permitted as distributors as provided in this section. (2) The city shall be under no obligation to provide such effluent and reserves the right to discontinue such service at any time and to limit the volume and to establish or alter loading procedures and/or locations as necessary for the efficient administration of the wastewater division. (b) No effluent distribution permit shall be issued except upon application filed with the wastewater division of the city. Every such application shall contain the following information: (1) Name of applicant. (2) Name of authorized representative (e.g., president of corporation; partner, etc.) if applicant is other than an individual. (3) Business address and phone number. (4) Residence address and phone number of authorized individual representative. (5) Description of each vehicle and container unit to be used in the transportation or distribution of effluent water, including the make, year, model, type, weight and gross vehicle weight, container capacity in gallons, vehicle registration number, and the state safety inspection certificate number and expiration date. (6) Names and driver's license number of every proposed driver of such vehicles. (7) Statement of previous use of container units and any proposed use after or concurrently with such units use for effluent distribution. (8) Statement of the proposed uses of any effluent water, including whether the use is proposed for residential, commercial, or industrial purpose. (c) Upon the filing of the required application, and payment of the permit fee specified herein for each container unit, the wastewater superintendent, or the superintendent's designee, shall upon his determination that the applicant and vehicles and container units are in compliance with all applicable provisions of this article, issue a permit for each such container unit. Page 13 (1) The permit shall identify the particular unit for which it is issued and shall be displayed in a prominent place upon the unit. (2) Each unit shall be separately permitted. (d) The permit fee shall be fifty dollars ($50.00)per month for each unit plus five dollars ($5.00) per month for each unit per one thousand (1,000) gallons of capacity (or portion thereof) over the first one thousand (1,000)gallons of capacity. (e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee proration shall be on a monthly basis. (f) Notwithstanding subsection (g) of this section, a resident of the City of Corpus Christi may obtain effluent at no charge from a wastewater treatment plant,designated by the wastewater superintendent, for the irrigation of vegetation, dust control, or watering a foundation at the individual's personal residence. (1) Any effluent received under this subsection may not be sold or transferred to another individual or used for commercial purposes. a. Before receiving effluent the resident must obtain a permit from the wastewater superintendent, or the superintendent's designee. b. Prior to receiving a permit,the resident must complete a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. c. Any container used to receive and transport effluent must have a lid or cap, be watertight, and be properly secured to the vehicle. d. All containers are subject to inspection and approval of the city health department or wastewater department. e. Any effluent received under this subsection must be immediately transported to the personal residence of the individual receiving the effluent and used for the irrigation of vegetation, dust control, or watering a foundation. f. The effluent may not be stored for future use. g. A resident using effluent for the irrigation of vegetation or dust control must post a sign on the property legible from the street stating that effluent is being used on the property. h. Every resident obtaining effluent under this subsection must either: 1. Provide proof of and maintain in force a property liability insurance policy (homeowner/renter)in the amount of three hundred thousand dollars ($300,000.00)per occurrence; or 2. Sign a form provided by the superintendent that releases the City of Corpus Christi from any liability resulting from the resident's improper use or transportation of the effluent and agree to hold the city harmless, including reimbursing the city for the costs of defending itself. (g) Every effluent distribution permit shall be subject to the following terms and conditions and no person shall receive or distribute effluent water except in compliance herewith: (1) Container units or tanks shall have a minimum capacity of five hundred (500) gallons; shall be capable of being closed water-tight and shall be so closed during transport of effluent water; and shall be maintained in a leak-proof condition; provided, however, that special permits may be issued for container units with a capacity of less than five hundred (500) gallons upon the determination by the wastewater division superintendent that all other container unit specifications herein required have been met and that the particular container unit does not create an increased risk to the public health and safety. Page 14 (2) No vehicle may be used in connection herewith which has not been reported on the application and approved for such use. (3) Every driver or handler must be certified by the wastewater division prior to receiving any effluent water from the city. a. The wastewater division may certify a driver or handler who has completed a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. (4) Effluent water shall be used as soon as possible to prevent regrowth of bacteria. a. Permittees shall check effluent water in their units not less than every four (4) hours for chlorine residual, except for effluent stored in fixed-site containers which shall be checked not less than every eight (8) hours. (5) Chlorine residuals shall be maintained at one (1) milligram per liter (parts per million) [one (1) mg/one (1) (ppm)], consistent throughout the effluent container. (6) The minimum quality of the effluent must not exceed conditions on the use of effluent set out in any permits or authorizations issued to the city by a federal or state regulatory agency or the applicable regulations of a federal or state regulatory agency. (7) Effluent containers, including those used for storage, shall be subject to inspection and approval of the city health department or wastewater division, whose inspectors are hereby authorized to prohibit the use of any container or effluent water which is determined to be outside the parameters established in this section or is otherwise determined to present a danger to public health. (8) Every permittee shall provide proof of, and shall maintain in force, a policy of comprehensive general liability insurance in the amount specified by the city's risk manager under section 17-19; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement; and shall maintain a policy of automobile liability insurance in the minimum amounts set by state law. The city shall be named as an additional insured on the general liability insurance policies. (9) By acceptance of a permit under this section and/or receipt of effluent water from the city system, the permittee and/or recipient of such effluent agree to fully indemnify, save and hold harmless, the City of Corpus Christi, Texas, its agents and employees, from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to person or property in anyway related to or in connection with the use or distribution of effluent water under this section. (10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall state in not less than 10-point type, substantially as follows: "CAUTION" "You are hereby advised that effluent water is the discharged water from a sewage treatment plant. The Director of Public Health has determined that improper use or handling could be harmful and recommends the following precautions: 1. Do not use effluent water for drinking, bathing, or personal hygiene purposes. 2. Do not use effluent water for washing autos, clothes, or other personal contact items. 3. Do not use effluent water in swimming pools or for similar recreational uses. 4. Do not allow children to play on grass wet with effluent water, wait until it dries. Page 15 5. Do not use effluent which has been stored for more than four (4) hours unless the chlorine residual level has been tested and is not less than one (1) part per million [one (1) mg/one (1)(P.m.)j. 6. Application of effluent shall be by coarse stream and shall not be by fine spray." (h) Violation of any of the cautions set forth in subsection (g)(10) of this section, by any person, is a violation of this section. (i) Violation of any of the provisions of this section, in addition to the general penalties provided in this particle, shall result in denial or revocation of any such violator's effluent distribution permit. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001) Editor's note—Formerly numbered § 55-158. Sec. 55-158. -Operations plan for reservoir system. To maximize the amount of water reliably available to the city and its water customers,the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) In order to provide maximum dependable yield from the two (2)reservoirs,the water level in Lake Corpus Christi will be allowed to drop to elevation seventy-four(74)feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month requirement. (3) Under the agreed order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, city shall: (1) reduce targeted inflows of water to Nueces Bay to one thousand two hundred (1,200) acre-feet when reservoir system storage falls below forty (40) per cent of capacity; and (2) suspend targeted inflows when reservoir system storage falls below thirty(30) per cent of capacity. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-159. - Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) In the event that the triggering criterion specified in section 55-152 for Stage 29 have been met, the city manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with V.T.C.A., Water Code § 11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the city manager, or the city manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale Page 16 treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The city manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the city manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Pro rata surcharges and enforcement. (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. Two (2.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation up through five (5) per cent above the monthly allocation. b. Two and one-half (2.5) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from five (5) per cent through ten (10) per cent above the monthly allocation. c. Three (3.0)times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from ten (10) per cent through fifteen (15) per cent above the monthly allocation. d. Three and one-half(3.5)times the normal water charge per unit for water diversions and/or deliveries more than fifteen (15) per cent above the monthly allocation. (c) Variances. (1) The city manager, or the city manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health,welfare, or safety, and if one (1)or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the city manager within five (5)days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the city council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the Page 17 petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. c. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f. Other pertinent information. (4) Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council: a. Variances granted shall include a timetable for compliance. b. Variances granted shall expire when the pro-rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. c. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the city under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. (Ord. No. 24605, § 1, 10-9-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Editor's note—Formerly numbered § 55-159.1. Section 2. The Drought Contingency Plan adopted by Ordinance No. 029846, as amended by Ordinance 030545, and 031160, is hereby amended to reflect these changes, and the amended Drought Plan be filed of record with the City Secretary's Office. City staff is directed to submit the amended Drought Contingency Plan to the Texas Commission on Environmental Quality and the Texas Water Development Board and as required by law. Section 3. Staff is directed to submit a copy of the approved ordinance to the wholesale water customers. Section 4. Publication and Effective Date. This ordinance shall be published in a newspaper of general circulation. This ordinance takes effect on date of January 15, 2018. Section 5. Severability. It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. Page 18 Section 6. Penalties. Violations of this Ordinance shall be enforced pursuant to City Code of Ordinances Section 55-156. Section 7. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 19 Drought Contingency Plan 1. Introduction This document is the Drought Contingency Plan (DCP) for the City of Corpus Christi (City). This DCP was created so that the City can cut back demand when supplies are low so the residents have enough water to make it through a drought. This DCP clearly explains the triggers initiated by a drought and the steps to be taken during each stage of a drought. There is also information in this DCP which explains the steps to be taken in a water emergency, such as when supplies are cut off or contaminated. This DCP is different from the Water Conservation Plan (WCP) because it only takes effect when there are drought conditions. The WCP is a year-round guide, regardless of the drought conditions, and contains several regular best management practices. The DCP has been prepared in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.20 for Municipal Uses by Public Water Suppliers. Since the City serves wholesale water customers, a Drought Contingency Plan for Wholesale Water Suppliers has also been included in Section 16 in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.22. 2. Declaration of Policy and Reason In order to conserve the available water supply, to protect the integrity of water supply facilities with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety, and to minimize the adverse impacts of water- supply shortage or other water-supply emergency conditions, the City hereby adopts the following regulations and restrictions on the delivery and consumptions of water. The Water Resource Management Ordinance which gives the City the authority to regulate and enforce this DCP is included as a supporting document. Water uses regulated or prohibited under this DCP are considered to be non-essential, and continuation of such uses during times of water shortage or other emergency water-supply conditions are deemed to constitute a waste of water, which subjects the offender(s) to penalties as defined in Section 13 of this DCP. Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of three reservoirs: Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana. However, the criteria to trigger drought response stages are based on the combined capacity of Lake Corpus Christi and Choke Canyon 1I Page^ Reservoir. (See Section 8). Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2-4% higher since Lake Texana supplies were added in October 1998. Because of the frequency of drought in South Texas, the following DCP has been developed. This DCP adopts measures that will dramatically cut water consumption in order to conserve water supplies. 3. Public Education A public meeting to receive comments on the DCP was held at the City Council regular meeting on De eirnbe P 1 lay 2&:; 29 7 and was adopted by ordinance on ,.un..u1,Ljau Y IQ2i� 31II'4.Y The City will periodically provide the public with information about the DCP, including information about the conditions under which each stage of the DCP is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by utility bill inserts, notices in the Corpus Christi Caller-Times, and notice on the City's website (www.cctexas.com). Notification to the public about when drought stages go into effect or when restrictions are lifted is explained in more detail in Section 9. 4. Coordination with Regional Water Planning Groups The service area of the City of Corpus Christi is located within the Coastal Bend Regional Water Planning Area (Region N) and the City has provided a copy of this DCP to Region N in care of the Nueces River Authority. The City of Corpus Christi shall review and update, as appropriate, the DCP at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 5. Authorization The City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of the DCP upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency responses as described in this DCP. However, the City Manager, in the exercise of the City Manager's discretion, may initiate 21 Page^ or terminate any stage when the City Manager deems necessary at any particular time. The City Manager shall notify the members of the City Council before implementing any measures. 6. Application The provisions of this DCP shall apply to all persons, customers, and property utilizing water provided by the City of Corpus Christi. The terms "person" and "customer" as used in the DCP include individuals, corporations, partnerships, associations, and all other legal entities. 7. Definitions For the purposes of this Chapter in this DCP, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial, non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contract (end-user) water customers: a private entity that has a contract with the City to receive raw or treated water supplies for its sole use (i.e. does not resell to other users). Customer: any person, company, or organization using water supplied by the City of Corpus Christi and paying a retail water bill. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and use. Institutional water use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison, or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way, and medians. 31 Page^ Non-essential water use: water uses that are not essential or not required for the protection of public, health, safety, and welfare, including: • irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this DCP; • use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle; • use of water to wash down any impervious cover including sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; • use of water to wash down buildings or structures for purposes other than immediate fire protection or health reasons; • flushing gutters or permitting water to run or accumulate in any gutter or street; • use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools; • use of water in an aesthetic feature including fountain or pond except where necessary to support aquatic life; • failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak; and • use of water from hydrants for construction purposes or any other purposes other than fire fighting or flushing needed to maintain chlorination levels and protect public health. Reservoir Capacity: the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, as measured in percentage of the full combined volume. Wholesale customers: any public or private utility that has a contract with the City to receive raw or treated water supplies and authority (through contracts) to resell this water to other users. 8. Criteria for Initiation and Termination of Drought Response Stages The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the DCP, that is, when the specified "triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any time. This section explains the triggers of each stage. Best management practices and water use restrictions for each drought stage are described in Section 10. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, based on the TCEQ 2001 Agreed Order (amended April 17, 2001) relating to inflows into Nueces Bay and Estuary. The full Agreed Order is in the Appendix. 41 P a g e 8.1. Stage| - � - Requirements for initiation| —Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses described in Section 10 when the combined storage level declines to below 40 percent. Requirement for termination — Stage 1 2 of the OCP may be rescinded when the COnObiOSd StO[@0S |SvS| iOC[S@SSS above 50 pS[CSO 8.2. Stage 23— Gon-ditron Requirements for initiation —Customers shall be required to comply with the | | requirements and restrictions on certain non-essential water uses for Stage 2­9 of this OCP when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 2�of the O(�P may be rescinded when the combined StO[@0S |SvS| iOC[S@SSS @bOvS 40 pS[CSOt for @ period days,� Upon tS[nOiO@dOO Of Stage 23' Stage 12 bSCOnOSS OpS[@dvS. 8.3. Stage 311114—Critical Water Shortage Condition Requirements for initiation —Customers shall be required to comply with the | | requirements and restrictions on certain non-essential water uses for Stage 34 of the OCP when the combined storage levels declines to below 2O percent. Requirement for termination — Stage 3 4 of the O(�P may be rescinded when the combined StO[@0S |SvS| iOC[S@SSS @bOvS 30 pS[CSO '�"= Upon tS[nOiO@dOO Of Stage 34' Stage 23 bSCOnOSS OpS[@dvS. 8.4. Stage 15 — Emergency Water Shortage Condition Requirements for initiation —Customers shall be required to comply with requirements and restrictions for Stage -5 of this DCP when the City Manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man-made contamination of the water supply source occurs. Requirement for termination —The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. 9. Drought Stages Response Notification The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 8 of this Chapter, shall determine that a mild, moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures. Notification of the Public: The City Manager, or designee, shall notify the public for every change in drought stage status by any or all of the following: • City's website (www.cctexas.com) • Publication in the Corpus Christi Caller-Times • Notice on the monthly billing • Public Service Announcements • Signs posted in public places Additional Notification: The City Manager, or designee shall, at a minimum, notify directly, or cause to be notified directly, the following individuals and entities for every change in drought stage status: • Mayor and members of the City Council • Fire Chief • City and/or County Emergency Management Coordinator • County Judge and Commissioner(s) • Major water users (such as industries) • Critical water users (such as hospitals) • Parks/street superintendents and public facilities managers 61 P a g e • Texas Commission on Environmental Quality (TCEQ) – note TCEQ executive director MUST be informed within five (5) business days of mandatory water use restrictions being imposed 10. Drought Best Management Practices per Stage A summary of water use reduction targets for each drought stage response is presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is included below. During Stages 2, 3, and 4, requests for exceptions may be presented to the Executive Director of Utilities or designee. Drought Stage CCR/LCC Combined Target Demand Response Reservoir Storage Level Reduction Levels Stage 1— Mild <40%,504 u µ 11 T'� m u':�.: h N' 110%544 Stage 2- Moderate x Stage 3- C I�Jtogallgewddwre e",20 3G4 30%1_5% Stage 4- VIII NSI dlld. 0/ IraWdmld. I. .. 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Stage 12 Response — Gondvtro� | During Stage t2. achieve a1O96reduction indaily treated water demand relative totreated water demand with the water use restrictions below. Best Management Practices for Supply Management: OOS[ Stage 1' the City VVi|| : * Use more repair crews ifnecessary toallow for aquicker response time for water-line leak repair; and * City crews (Water and other departments) begin monitoring customers' compliance with Stage J-,2 restrictions during the course of their daily rounds. Water Use Restrictions for Demand Reduction Under threat ofpenalty for violation, the following water use restrictions shall apply to all persons during Stage t2: ul Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall belimited toonce per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Section 9. Hovvever, irrigation of landscaped areas ispermitted onany day ifitisbymeans ofahand-held hose (with positive shutoff nozz|e). afaucet filled bucket orwatering can offive (5) gallons orless, ordrip irrigation system with apositive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addidon, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for apermit from the City Utilities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public hea|th, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Utilities Department. o) Use ofwater for the irrigation ofgolf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure, the facility shall not besubject tothese regulations. d) The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand-held hose or drip irrigation. 10.23. Stage 2:3 Response — IllNAodcy!ira ,y� 0"I's SEWE,:: Water, 81,,ieii a.g.e.... Target: During Stage 2a, achieve a 15% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage„ ,2, the City will also do the following during Stage a: • Eliminate the flushing of water mains unless required for decontamination and/or public safety; and • Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water Use Restrictions for Demand Reduction: All requirements of Stage „J,2 shall remain in effect during Stage ,2­9 except as modified below: a) Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the Cityi, �li�Illi�li .� �''iill'iiii. Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure or done by means of hand-held hoses, hand- held buckets, or drip irrigation. 91 Page^ Optional Measures: During Stage 9, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 4. Stage 3114 Response —CRITICAL Water Shortage Conditions Target: During Stage ,34, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage ,3­4 water shortage conditions to discourage discretionary water use, as described in Section 11 for retail customers and Section 16.10 for wholesale customers. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 9, the City will also do the following during Stage 3­4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. Water Use Restrictions for Demand Reduction: All requirements of Stage „J,2 and 4 shall remain in effect during Stage ,3­4 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash stations and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless non-city, alternative source) is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 4 watering day and shall be done by hand or drip irrigation method. e) All fountains shall only operate to circulate water in order to maintain equipment. 101 Page^ Optional Measures: During Stage 34, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10. 5. Stages Response — EMERGENCY Water Shortage Conditions Target: During Stage 45, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 45 water shortage conditions, as described in Section 13. During emergency conditions such as system outage or supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager or designee. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager or designee's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage �4, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. 111 Page^ Water Use Restrictions for Demand Reduction: During Stage 45, all requirements of Stage „ 2, 2-3, and ,3­4 shall remain in effect except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. Optional Measure: During Stage -5, the following measure is an optional water use restriction that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 11. Surcharges for Drought Stages — and Service Measures (a) General 1. The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. 2. This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. 3. With City Council approval, the City Manager is authorized to determine trigger points nts or allocations and surcharges during Stages 2-9, ,3-4, and „ Emergency Water Shortage conditions. 4. In this section, institutional customer means city utility customer which operates as a not-for-profit entity. 5. A customer may appeal an allocation or drought surcharge triggering point established under this Section to the Executive Director of Utilities or designee on grounds of unnecessary hardship, through the process outlined in Section 12. 6. Drought surcharge funds will first be applied towards annual debt service as reflected in the City operating budget to offset revenue loss due to drought 121 Page^ conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. 2. Above the 3,000 gallon consumption trigger point, with City Council Approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 2„1 condition has been declared, property managers of multi- tenant units shall notify the City Executive Director of Utilities of the number of residential units in their facility for determination of allocations. Until so notified, the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. 4. The customer is responsible for passing the demand charge onto the tenant. (d) Commercial or institutional customer 1. A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. 2. Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage °,�x4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during previous 12 months prior to the implementation of Stage 2. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. 131 Page^ d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, (1) if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (2) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. 1. A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). 2. Method of establishing allocation. a. When the combined reservoir capacity is less than 20% of total capacity (Stage '4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage --j b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. c. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. 141 Page^ d. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (f) Commercial, institutional, and industrial customers shall pay the following surcharges: 1. Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. 2. Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. 151 Page^ c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. 1. When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this DCP to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. (h) Water service to the retail water customer may be terminated under the following conditions: 1. Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times for any individual month after the implementation of Stage 4:,°,fix,, Also, the two months need not be consecutive months. 2. Monthly water usage on a master meter which jointly measures water usage 161 Page^ to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). 3. Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 4. Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). 5. For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of$50. 6. For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of$500. 7. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage a. 8. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. 9. For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection water service shall be restored upon request for a fee in the amount of"X" in the following formula: X = $ 50 x Customer's Allocation in gallons /20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 3. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. 171 Page^ (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. Q) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. 1. The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. 2. If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. 12. Requests for Exemptions and Variances (a) The Executive Director of Utilities or designee may, in writing, grant a temporary variance to any of the provisions for water users found in this DCP upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this Ordinance shall file request on City-provided application for exemption/variance with the City Utilities Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Executive Director of Utilities or designee, and shall include the following: 181 Page^ 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this DCP. 5. Description of the exemption requested 6. Period of time for which the exemption is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this DCP and the compliance date. 8. Other pertinent information; or as required on permit application (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this DCP occurring prior to the issuance of the exemption/variance. (d) The Executive Director of Utilities or designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this DCP if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this DCP will result in unnecessary hardship, and so that the spirit of this DCP shall be observed and substantial justice done. (e) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Executive Director of Utilities or designee for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (f). A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be final. (g) Violations of any permit conditions may be enforced under Section 13. 191 Page^ 13. Enforcement (a) 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 five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. 14. Variances A temporary variance for existing water uses otherwise prohibited under this DCP may be obtained through the process outlined in Section 12. 15. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this DCP are severable and, if any phrase, clause, sentence, paragraph, or section of this DCP shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this DCP, since the same would not have been enacted by the City without the incorporation into this DCP of any such unconstitutional phrase, clause, sentence, paragraph, or section. 201 Page^ 16. Wholesale Drought Contingency Plan 16.1 Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Corpus Christi (City) adopts the following Wholesale Drought Contingency Plan (the Plan). 16.2 Public and Wholesale Customer Involvement The public was invited to view and make comments on the Plan during the regular meeting of City Council on June 23, 2015 at City Hall. The Plan was adopted under the open meetings requirement of the TCEQ during the July 14, 2015 City Council meeting. Amendments to the Plan were adopted on May 30, 2017 following a public hearing during the regularly scheduled meeting of City Council on May 23, 2017. 16.3 Wholesale Water Customer Education The City will periodically provide wholesale customers with information about the Plan, including information about conditions under which each stage of the Plan is to be initiated or terminated and drought response measures to be implemented in each stage. This information will be distributed by providing a copy of the Plan to each wholesale water customer. 16.4 Coordination with Regional Water Planning Groups The water service area of City of Corpus Christi and its wholesale water customers is located within the Coastal Bend Planning Region (Region N) and the City has provided a copy of the Plan to Region N. The City of Corpus Christi shall review and update, as appropriate, the drought contingency plan at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 16.5 Authorization The City of Corpus Christi City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. Wholesale customers are subject to the plan under their contracts with the City. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The City Manager shall notify the TCEQ within five (5) business days of any mandatory water use restrictions being enacted. 211 Page^ 16.6 Application The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer' as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. Every wholesale water contract entered into, renewed or modified after official adoption of this Plan (by either ordinance, resolution, or tariff) shall include language relating to the City of Corpus Christi Water Conservation Plan and Drought Contingency Plan, adopted under Ordinance Number 55-151 to impose similar restrictions, surcharges or rationing measures on their customers. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement outdoor watering restrictions similar to those of the City for each drought response stage. The City requires that any contract for the resale of water furnished to wholesale water contractors shall contain a similar condition. 16.7 Triggering Criteria for Initiation and Termination of Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Customer notification of the initiation or termination of drought response stages will be made by email, mail, or telephone. The news media will also be informed by the City. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. The combined storage levels selected are based on the TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary (amended April 17, 2001). See Appendix. The triggering criterions in this section are minimum standards for initiation and maximum standards for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. (a) tag I........ Mtt X114:::: Water 81,voii4age...Wat W1 ua,va h :1-e N. .. .... I I ..(;# �,V+4I �G(,:)1.RF4ze.. R.II�r..aW�.....�:� In ll�.�.. iR.er: 61-,� ftraWR..Re �� ��t�t�u��l�����q":���°� ����-:: uuNNRNraw�-��N.. GG11 & N � ViXhtG t4 GwW"1 bhe& x�. ewea� R �6 t4� :� . m� w T exa,r& r..aW ;NI!.oN=age,.IeVel deS. III I NeS....tsel& w.,.44��4:..,, :�. tR ff.:alf h �hN NnN�1.u�• 1 rat t4@ R. kI. 14 R -9 b& �&GGW-I I-E4 e X49-H e4@ G9I4#Red. Iav&-Gf Qa-HyeI a-H4Qea;:�::...Qh-'Ist:B....lRGr&��m.G&s a-bGv& 9�4 Pa 644@9& M a a R IRGaa@.:as a-bova 591:,14:: Of 9-4@68 GG-Ad4 �06 R14H"t @XlG:t.k @. ;.e-4G R Of 15GG—A.:84;!.4tu V&days of 1 4ag 1...,. (ab)Stage „12 - ItH11 Watc�!ul' Water.... 1,vortag.e Gonditron Requirements for initiation - The City will recognize that a iTiill„R;„a � ih;r: & water shortage Wa.¢.t....II11G(,:)i4d44G4 exists when the combined storage level declines below 40 percent. 221 Page Requirement for termination — Stage 12 of the Plan may be rescinded when the COnOb|OSd Sb}[@gS |SVS| iOC[S@SSS @bOVS 50 pS[CS The City will OOdfv its vvhO|SS@|S CuStOnOS[S and the nOSdi@ of the | termination of Stage t2 in the same manner as the notification of initiation of Stage 1 of the Plan. (c)Stage 2�— Shortage Condition | — The City will [SCO0OizS that @ vv@tS[ shortage condition exists when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 2a of the Plan may be rescinded when the combined storage |SvS| increases above 4O percent,,::,, '�"= Upon tS[nOiO@dOO of Stage 2-9' Stage t2 bSCOnOSS OpS[@dvS. The City will notify its wholesale customers and the media ofthe termination ofStage 2a. (d)Stage 3114—CRITICAL Water Shortage Condition | Requirements for initiation — The City will [SCO0OizS that @ vv@tS[ shortage condition exists when the combined storage levels declines to below 2O percent. Requirement for termination — Stage 34 of the Plan may be rescinded when the combined storage level increases above 3OpS[CSOt,,::,, days,� Upon tS[nOiO@dOO of Stage 34' Stage 2a becomes OpS[@dvS. The City will notify its wholesale customers and the media ofthe termination ofStage 34. | (e)St��� �5 — EMERGENCY Water Shortage Condition Requirements for initiation — The City will recognize that an emergency water shortage condition exists when any ofthe following occur: i. A major water line breaks, or pump or system failures 000ur, which cause unprecedented loss ofcapability toprovide water service; or ii. Water production ordistribution system limitations; or iii. Natural or man-made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City of Corpus Christi City yNana0er, or desi0nee, deems appropriate. The City will notify its wholesale customers and the media of the termination of emergency shortage condition in the same manner as the notification ofinitiation ofStage 1ofthe Plan. 16'8 Drought Response Stages The City of Corpus Christi City yNana0er, or desi0nee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in Section 10.7, shall determine that mi|d, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement best management practices accordingly. For water contracts between the City and wholesale customers with specific reductions based on sta0e, wholesale water customers are to implement measures to achieve water use reduction targets specified in the contract. For other contracts, required adoption of Drought Contingency Plan should strive to achieve the water use reduction targets for each drought 23 1 Page stage response presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is described below. Drought Stage Response Reservoir Storage Target Demand Reduction Level Levels Stage I M fl d� 5G 4 94!!� IIf II::::ake 544 G Stage 12- %k:1 llMGdeii:ate <40% 10% Stage 2a- %,x,leiate Severe <30% 15% Stage,3'4- Cii tjc4geve�e <20% 30% (;-FPJGaI Stage 45- Emergency Not Applicable 50% Stage I...- M11:4)Wateir SI'vortage Gon4tio� AG, ve a vekiotiiiry, 5% ited"fi-en- 4+, (444y- %*,:Iter, f4enriaii4d for, ea6I,� iAf4,,vote&44Gk Q, wifl V6 P41Y t:4e ReGe66aFy atleii4GiieG tq-eV U-Fe L,+R]4eGE?6G@i:�y �elea6e6 of wateii:�'� fi:�an Sy6teini aii::::e i.RdUdK IIeakage l::&'n gates qf 9-6wfle1,"w94:kG, Q, �,NA'fl ead:;,, G@[e W@teh G46ta-neii:: te- S(NA:GeS V6444Pta4l as wateii:::: 6, Y VGtermL. t Idi-y use of a ,valeiz y ol11 i: 1-4aIr.- fizen-:I�- th�e Q4-,y'& systen , Giz u&e of WaNe PWPGse6etG:: 146e P2e&I,'+jGIj9f46 .......... G'i,ty NI ;-@ger, 94!!� des�gR-ee� �,V+4 G( i4I,,aG!I,' 4:1-G4e6ale wAA,--RteF Gus:tGneII::6 tG y , a D dMGG466...w ateiiGupply aii4d,wof dernal4d G(,:)n4:1Joi46 ar�-d �,v4l r:eq4e6t 4iG4esa�e W@4,491G46tGpHel6 i,R#IAate 'nea6we6 te-hedu;;e �,vHteij6�se1-niplepHe'V-4, pfl a ri), M"t'"'in-age9desgr�-ee, wfllar(�4de a reqL-4,,-,�r repqf' !1"(;�fl�-e 114ews wedi w, ila4 i4GFPH@tAGR kVH4?11�� 6L,+ ai��d 4deir@i4d GG�, i H!GteGted Gupply a dernalFW G944d44G46 wfar�-d GGb1146L+Pneii�� 114�1@4A(D4 e4wat",9+ �ie@6Lhe6 2, F424GE?&: Stage 12 - NA I NAQ'::: Water ShortageWat6h Gon-ditio� Target: Achieve a 10 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: 241 Page • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will initiate contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries. • The City of Corpus Christi City Manager, or designee, will request wholesale water customers to initiate mandatory measures to reduce non-essential water use (e.g. implement Stage „J,2 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 40 percent of its conservation pool volume, and that a Stage 12 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 12 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 3 Nib VIII-'ll III ill Water Shortage Conditions III g — ' a Target: Achieve a 15 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Measures for Reducing Demand: 251 Page^ • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 2a of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries in accordance with Texas Water Code §11.039 by preparing a monthly water usage allocation baseline for each wholesale customer according to procedures specified in 16.9 of the Plan. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 30 percent of its conservation pool volume, and that a Stage 9 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage ,a of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 3114—CRITICAL Water Shortage Conditions Target: Achieve a 30 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from project gates. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 34 of the customer's drought contingency plan). 261 Page^ • The City of Corpus Christi City Manager, or designee, will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in Section 16.9 of the Plan in accordance with Texas Water Code §11.039. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 20 percent of its conservation pool volume, and that a Stage ,°,4 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 34 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage — EMERGENCY Water Shortage Conditions Whenever emergency water shortage conditions exist as defined in Section 16.7 of the Plan, the City of Corpus Christi City Manager, or designee, shall: • Assess the severity of the problem and identify the actions needed and the time required to solve the problem. • Inform the utility director or other responsible official of each wholesale water customer by telephone, email, or in person and suggest actions, as appropriate to alleviate problems (e.g., notification of the public to reduce water use until service is restored). • If appropriate, notify city, county, and/or state emergency response officials for assistance. • Undertake necessary actions, including repairs and/or clean-up as needed. • Prepare a post-event assessment report on the incident and critique of emergency response procedures and actions. 16.9 Pro Rata Water Allocation In the event that the triggering criteria specified in Section 16.7 of the Plan for Stage 34 have been met, the City of Corpus Christi City Manager, or designee, is hereby authorized to implement allocation of water supplies on a pro rata basis to raw water and treated wholesale customers in accordance with Texas Water Code §11.039. The initiation of pro rata allocation preparations shall begin during Stage 23. A provision will be included in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in 271 Page^ case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. 16.10 Pro Rata Surcharges and Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: • 2.0 times the normal water rate per unit in excess of the monthly allocation up through 5 percent above the monthly allocation. 281 Page^ • 2.5 times the normal water rate in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. • 3.0 times the normal water rate in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. • 3.5 times the normal water rate more than 15 percent above the monthly allocation. 16.11 Variances The City Manager, or designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of this water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the City Manager, or designee, and shall include the following: (1) Name and address of the petitioner(s). (2) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (3) Description of the relief requested. (4) Period of time for which the variance is sought (5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (6) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the City. (1) Variances granted shall include a timetable for compliance with allocation requirements. (2) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. 291 Page^ 16.12 Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16.13 Reservoir System Operating Plan Because all the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Attachment C. 301 Page^ Drought ContingencyPlan I January 23, 2018 f Drought ContingencyPlan Purpose • Conserve the available water supply • Protect and preserve public health, welfare, and safety • Minimize the adverse impacts of water supply shortage or other water supply emergency conditions • A Texas Commission on Environmental Quality & Texas Water Development Board, State Requirement Drought Contingency Plan t g g Y Recommendations ® IV 111111 �° nus lu IIIA ILII pm IIIIIIEp 2 oTexana iso 0 puma 9!Pw9w9!!!!!III,Wumuuuuuuuuului ills <40 0 10% >50% Combine storage; f9F 15 )RseGi Live .Joys u wiuwIIIIIIIUWi iiiiiiiiiiiii i uugi911wIIPi puuP911u°IIIIIPu quuuuuuuuuuuuuuuuui°uui <30% 15% >40% Combine storage; f9F 15 CORseG Live `Joys uiii,i wiuwilllllllllu'P;ylllll'°°°up11 °III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII <20% 30% >30% Combine storage; f9F 15 f`GRsec:utiye days Unum iii Vii!!!!!iIIIUIIUI�I I IIIIUIIIIIUIIII111111UII111UIIIIII�111 Not Applicable 50% Emergency water shortage condition may be rescinded when the City Manager, or designee deems appropriate Recommend New Trigger Points .... . I� �... ������������ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uuuuu uu III a III II V IIIIIIIIIII1111111111 Im � II� a � �� � uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu m I ill�ll IIIIIIII III II � iill��� ILII I li III IIIII<IIIIIII III10111�111 IIIIIIIIIII II 111110 II�IIIIIII >50% Combine storage e g <30% 15% >40% Combine storage <20% 30% >30% Combine storage Not Applicable 50% Emergency water shortage condition may be rescinded when the City Manager, or designee deems appropriate Drought Contingency Plan What does this mean for our customers? • We are not in a Drought Stage • The request for voluntary limits on irrigation of landscape would be moved to the Water Conservation Plan • No water use restrictions would be currently in place • Only Water Conservation Measures — No irrigation by spray or sprinklers between the hours of 10 am and 6 pm. Drought ContingencyPlan Next Steps • Receive and consider comments. • Make necessary revisions to the ordinance for second reading by City Council in January. • After passage by City Council a copy will be sent to Texas Commission on Environmental Quality SC AGENDA MEMORANDUM v First Reading (Tabled)for the City Council Meeting of January 16, 2018 NORPORP�E� First Reading for the City Council Meeting of January 23, 2018 1852 Second Reading for the City Council Meeting of January 30, 2018 DATE: December 29, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Mary Rhodes Pipeline Cathodic Protection Upgrade (Capital Improvement Program) CAPTION: Ordinance rejecting the apparent low bid of Down South Field Services, Inc. as non-responsive and authorizing the City Manager to execute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of$525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract. BACKGROUND AND FINDINGS: This project is a part of the City's Capital Improvement Program for corrosion prevention and maintenance for the Mary Rhodes Pipeline. CIP Description: Mary Rhodes Pipeline Cathodic Protection Upgrade Cathodic protection is necessary to protect buried pipeline from corrosion. The cathodic protection system for Mary Rhodes Pipeline Phase 1 was installed in 1990s and is close to the end of its service life. This project includes installation of six new test stations with zinc anode ground beds, installation of zinc anodes at fifteen existing test stations, and removal and replacement of portions of test station components at 126 existing test stations. The cathodic protection system is critical to extend the life of the 105-mile long steel 64-inch diameter Mary Rhodes Pipeline. The pipeline was completed in 1998 to convey water from Lake Texana to the O.N. Stevens Water Treatment Plant. The cathodic protection system involves an electrochemical process with sacrificial anodes that corrode more easily than steel. The existing system consists of 418 existing corrosion test sites, with eight sacrificial zinc anodes at each site. The anodes are around the pipeline and connected to the water pipeline with electric cables and associated hardware. Cathodic protection requires periodic upgrades and replacement planned by this project. Project Scope: The scope of work includes construction of six new test stations, replacement of sacrificial anodes at sixteen existing test stations, and upgrades components at 126 existing test stations. The following is a summary of the work: • Construct six new test sites with new concrete pad, conduit, wiring, and associated hardware with the installation of eight new 60-pound zinc sacrificial anodes 10 feet deep spaced 20 feet apart • Replacement of the existing anodes at sixteen sites with eight new 60-pound replacement zinc sacrificial anodes spaced 20 feet apart • Upgrades at the existing 126 test stations with removal of existing conduit and wooden posts; installation of new ten-foot high polyvinyl chloride (PVC) post, conduit, wiring, and associated hardware On November 15, 2017, the City received proposals from two (2) bidders as follows: CONTRACTOR BASE BID Integrated Corrosion Companies, Inc. 525,732.63 (corrected) Houston, Texas Down South Field Services, Inc. (NON-RESPONSIVE) 563, 4 Sinton, Texas Engineer's Opinion of Probable Construction Cost 612,000.00 The bid from Down South Field Services, Inc. was deemed non-responsive due to failure to properly submit the required bid security. Staff and the design engineer analyzed the remaining bid from Integrated Corrosion Companies, Inc., and discovered a mathematical error with the mobilization unit price. Math errors are automatically corrected prior to bid evaluations. The correction was presented to the bidder that resulted in a bid reduction from $609,500 to $525,732.63. The bidder acknowledged and confirmed the correction. Based on a review of the bidder's experience and information submitted in accordance with the contract documents, Integrated Corrosion Companies, Inc. is qualified to provide construction services for this project. ALTERNATIVES: 1. Authorize execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years TOTALS 2017-2018 Expenditures Line Item Budget CIP 168,755.00 1,000,000.00 1,168,755.00 Encumbered / Expended Amount 168,755.00 168,755.00 This Item 525,732.63 525,732.63 Future Anticipated Expenditures This Project 1 113,011.371 1 113,011.37 BALANCE 0 361,256.00 361,256.00 Fund(s): Water Supply CIP #3 Comments: This project requires approximately 230 days for construction with anticipated completion by October 2018. This construction contract will result in expenditure of an amount not to exceed $525,732.63. RECOMMENDATION: City Staff recommends approval of a construction contract Integrated Corrosion Companies, Inc., of Houston, Texas in the amount of $525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrade for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation Page 1 of 2 Ordinance rejecting the apparent low bid of Down South Field Services, Inc. as non-responsive and authorizing the City Manager to execute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of $525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. WHEREAS, two bids were received on November 17, 2017 for the Mary Rhodes Pipeline Cathodic Protection Upgrades Project; and WHEREAS, the apparent low bidder for the Project, Down South Field Services Inc, failed to submit bid security (5% of total amount bid)with their bid as required by Article 8 of the City's Invitation to Bid and was therefore rejected as non-responsive, and WHEREAS, the second low bid submitted by Integrated Corrosion Companies, initially contained a math error in their calculation of mobilization costs, but that irregularity was corrected by the Consultant and approved by Integrated Corrosion Companies for a final bid amount of$525,732.63; and WHEREAS, the City Council finds that the amount of the bid submitted by Integrated Corrosion Companies, Inc. is $525,732.63 because it complies with the City's bid requirements limiting mobilization costs to five percent (5%) of the total contract price bid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid of Down South Field Services, Inc. for the Mary Rhodes Pipeline Cathodic Protection Upgrades Project is rejected as non-responsive for failure to submit the required bid security. SECTION 2. The City Manager or designee is authorized to execute a contract with Integrated Corrosion Companies of Houston, Texas as the lowest responsive/responsible bidder in the amount of $525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades Project. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE MARY RHODES PIPELINE CATHODIC PROTECTION UPGRADE FUNDS AVAILABLE: WaterOperating.................................................................................................................... 168,755 WaterSupply CIP..................................................................................................................... 1,000,000 TOTAL FUNDS AVAILABLE...................................................................................................... $1,168,755 FUNDS REQUIRED: Construction and Contingency:.................................................................................................... 578,306 Construction (Integrated Corrosion Companies) THIS CONTRACT.............................. 525,733 Contingency10%.................................................................................................... 52,573 Construction Inspection:............................................................................................................ 43,170 Amendment No. 3 for Construction Inspection (Russell Corrosion Consultants, LLC)............ 43,170 Design:........................................................................................................................................ 125,585 Original (Russell Corrosion Consultants, LLC).............................................................. 29,730 *Amendment No. 1 (Russell Corrosion Consultants, LLC)............................................... 46,095 Amendment No. 2 (Russell Corrosion Consultants, LLC)................................................ 49,760 Reimbursements:..................................................................................................................... 60,438 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)........................ 23,375 Engineering Services (Project Mgmt/Constr Mgmt) ....................................................... 35,063 Misc..................................................................................................................... 2,000 TOTAL................................................................................................................................... $807,499 ESTIMATED PROJECT BUDGET BALANCE................................................................................ $361,256 *Approved by City Council on July 29,2014 by Motion No. M2014-101 m,wWa Wflarton Yoakuirn N Speaksa w,13 Ell Campol Colorado River kw Bay a,, nnF City "odaveen Lake TexanaLdn a CA rdh rna "tea"Plny Inez tr a w yrig Victoria f, Phase6", Point'Cornf ort orda 2 Phase 1Port Lavaca J n, Ind kini la 00 TNu„h Port O'Connor " � PROJECT LOCATION ,7 Ararm, Is NWR �. Wooaf 0 Matagorda Wand, oro fI ¢�s�m�x� Y axe aiDa r 0000000010 bumf Corpus Christi 0010 (W l Agairmas Pass G ortla d Port Aransias tl C101 cd ti muss aqv IMan L O CA TION MAP NOT TOSCALE Project Number: E13068 Mary Rhodes Pipeline CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Cathodic Protection Upgrade DEPARTMENT OF ENGINEERING SERVICES ` "I,,," Engineering Mary Rhodes Pipeline Cathodic Protection Upgrade Council Presentation January 16, 2018 Project Location i oaopus, P�t std -lgine:eriintig Bay N �, Colorado River `°Cit Vrn Mack. k�wi Q�t I:<k a dY C�NY Lake Texana hase 2 r,�lh,d Phase 1 M,,����,�a v¢11r,dand. ansa�,i MARY RHODES ROW, �3 ,,,��,,.w PIPELINE CATHODIC 01 "dPROTECTION Corpus Christi fi'im Iter p'n C1e1 r a e�s.:N'uma k�urtku J 191:iw�ry(ani f 419�U'i G:�IORIt 2 i Project Scope / C+aopus CPIt°st Erugime-ering This item provides for upgrades to Mary Rhodes Pipeline cathodic protection system that includes: • Construct 6 new test sites with concrete pad, conduit, wiring, and associated hardware with the installation of 8 new 601b zinc sacrificial anodes 10ft deep spaced 20ft apart • Replacement of the existing anodes at 16 existing sites with 8 new 601b zinc sacrificial anodes 10ft deep spaced 20ft apart • Upgrades at the existing 126 test stations with removal of existing conduit and wooden posts; installation of new 10ft high PVC post, conduit, wiring, and associated hardware :u i Project Schedule rus ,,ti ,� ivngine;ering 1 1 Feb Mar Apr May Jun Jul Aug Sep Oct Nov DJJanFeb'lar Apr May Jun Jul Aug Sep Oct Fold Bid& Award Project Construction Estimate: 230 days Schedule reflects City Council construction award in January 2018 with completion by October 2018. �d r � i rugime:ermntig Questions? i Photos , ,r pU�,,,,.. ' II i rl uiliiii Nr i r n 1 q` (i 1'Rt?�SIO�VC©�Y,�S'?IL? YISP. .LLC, P.O. Box 197 - Simpsonville, MD 21150 (410)997-4481 - Fax(410)740-2541 December 22, 2017 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Subject: E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades Construction Contract Award Recommendation Mr. Edmonds: On Wednesday, November 15, 2017,two (2) bids were received and opened for the above referenced project. Both bidders submitted documents pertaining to Section 00 45 16 Statement of Experience. The bidders list with their Total Base Bid is below; Down South Field Services Inc. * $563,796 Integrated Corrosion Companies $609,500 *Denotes bidder as being non-responsive, they failed to submit a bid bond with bid. Integrated Corrosion Companies bid is considered irregular because of a mathematical error in calculating their mobilization, which is limited to 5%, and because of a question about the corrosion experts listed on the statement of experience were all subcontractors and did not work directly for the company bidding the project. Integrated was notified and has agreed to correct both issues. City received documentation from Integrated Corrosion on Wednesday December 06, 2017 with the following correction to their bid: Al Mobilization 1 LS $26,286.63 $ 26,286.63 A2 Bonds and Insurance 1 LS $ 9,500.00 $ 9,500.00 A3 Supply and Install New Anodes at New Test Stations 6 EA $ 5,344.01 $ 32,064.06 A4 Supply and Install New Anodes at Existing Test Stations 16 EA $ 7,297.87 $ 116,765.02 A5 Remove and Replace Portion of Test Station Components 126 EA $ 2,707.27 $341,116.02 Total: $ 525,732.63 An e-mail commitment from Integrated Corrosion's Proposal Manager stating that a staff NACE Certified Cathodic Protection Specialist will be on site for the entire project has been submitted to the City: City of Corpus Christi E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades December 22, 2017 RCC has analyzed the proposals and documents submitted and has determined that Integrated Corrosion Companies meets the specified requirements and recommends that the project E13068 Mary Rhodes Cathodic Protection Upgrades be awarded to Integrated Corrosion Companies for $ 525,732.63. Also enclosed are the project bid tabulation and Integrated Corrosion Companies bid proposal for this project. Sincerely, RUSSELL CORROSION CONSULTANTS, LLC. Michael J. Szeliga P.E. Enclosures: 1. Bid Tabulation 2. Integrated Corrosion Companies Bid Proposal and Statement of Experience 3. Letter of commitment from Integrated Corrosion Companies SC v AGENDA MEMORANDUM /ryCORPO 1p First Reading Item for the City Council Meeting of January 23, 2018 x852 Second Reading Item for the City Council Meeting of January 30, 2018 DATE: January 11, 2018 TO: Margie Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department jayell@cctexas.com 361-826-3464 2018 Fiesta de la Flor Lease Agreement CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2018 Fiesta de la Flor event and related activities to be held on April 13, 2018 and April 14, 2018, and allow use of streets bounded by Power Street, N. Water Street, Resaca Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. PURPOSE: To approve date, location, and consideration for the 2018 Fiesta de la Flor event and related activities April 13 - 14, 2018. BACKGROUND AND FINDINGS: Fiesta de la Flor, scheduled for April 13 — 14, 2018, celebrates the annual festival dedicated to honoring the life and legacy of Corpus Christi's hometown icon, Selena Quintanilla Perez. Predominately a music festival, Fiesta de la Flor features Tejano, Norteno and Hispanic rock music stars. Festival organizers anticipate attendance of 70,000 over both festival days. In 2017, the Fiesta de la Flor attracted about 55,000 attendees, with 61% of those attending came from outside the greater Corpus Christi area. The festival generated an indirect economic impact of$15 million. Overall hotel occupancy for the 2017 Fiesta de la Flor weekend was 83.9%. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this agreement LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2018 Fiesta de la Flor event and related activities to be held on April 13, 2018 and April 14, 2018, and allow use of streets bounded by Power Street, N. Water Street, Resaca Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau to conduct the 2017 Fiesta de la Flor event and related activities. The Agreement allows use of City property including the Bayfront Park located along Shoreline Blvd. between Power Street to Resaca Street through the end of Shoreline Blvd., and provides for CCCVB payment of fifty percent of costs for City services provided for the event. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED, this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 1 LEASE AGREEMENT FOR FIESTA DE LA FLOR State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly designated City Manager, and the Corpus Christi Convention and Visitors Bureau. ("CCCVB"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City - means the City of Corpus Christi, a Texas home-rule municipality. B. City Attorney - means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. CCCVB — means the Corpus Christi Convention and Visitors Bureau, a Texas non- profit corporation. G. CCCVB's Agent - means a duly authorized representative of the CCCVB. H. Corpus Christi - Nueces County Health District— means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event - means the Fiesta de la Flor events and related activities sponsored by the CCCVB, as described in Exhibit A. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director-means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. 2 M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises - means the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street; City streets bounded by Power Street, N. Water Street, Resaca Street, and Shoreline; Barge Dock area, and other City property along Shoreline as depicted on Exhibit C. O. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director— means the Director of the City of Corpus Christi's Solid Waste Operations Department. Q. Street Director—means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The CCCVB will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the CCCVB the privilege of using the Bayfront Park located along Shoreline Blvd. between Power Street to Resaca Street through end of Shoreline Blvd. to conduct its Event. CCCVB agrees to contact SMG, the Art Museum of South Texas, the Port of Corpus Christi administrative offfices, and the Federal courthouse to coordinate traffic plans around the Event locations. 4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances may impact and change the Premises (Exhibit C) and other parts of this lease. If Exhibit Cis revised, new Exhibit C will be executed by the City Manager and CCCVB Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit C. New Exhibit C becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM. The CCCVB's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Two months prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with CCCVB representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit C needs to be revised by the Parks Director and CCCVB. If revised, new Exhibit C will follow process in §4 PREMISES REVISIONS. CCCVB's Agent may request additional meetings. 3 7. ADMISSION FEE. CCCVB may charge an admission fee. Special Events connected with CCCVB may charge another fee to help defray the cost of entertainment. 8. CCCVB'S FINANCIAL OBLIGATIONS. A. Permit Fees. The CCCVB must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Large Special Event Permit fee of $400.00, Health Permit/Vendor Fees, Development Services Permit Fees, Traffic Engineering cost recovery fee of$550 for changes to the Traffic Control plan, and Firework Permit Fee. B. Costs of City Services. City agrees to provide the following services at 50% of actual City costs. The current estimate for City services to be provided is as follows: 1) Parks and Recreation. Rental of Bayfront Park - $11,000.00 and fee for reservation rental of Water Gardens - $1600.00 2) Police. Security at Event on Friday: 19 officers for 6.5 hours = $7,485.88; Security at Event on Saturday: 22 officers x 12 hours = $16,002.21. Total estimate is $23,488.09. This does not include security for afterhours, or money security for the Event. 3) Police to provide traffic control at the points surrounding the Event as required by the CCPD to enforce the traffic control points on the plan- $22,245.00. lan:$22,245.00. 4) Solid Waste Operations. Sweeping of downtown streets - $563.00. The Parks Director will invoice the CCCVB for costs of all City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the CCCVB's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. CCCVB's failure to pay the undisputed charges on City's invoice within 30 days after submittal to CCCVB shall result in a late payment fee being assessed against CCCVB. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the CCCVB anticipated attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. 4 D. Deposit, The CCCVB must pay a deposit of$2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the CCCVB within 30 days after the Event. E. Reimbursement for Damages to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the CCCVB, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the CCCVB an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the CCCVB for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide the CCCVB's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the CCCVB has vacated the property, following the conclusion of the Event. CCCVB will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any turf or sod damage, the CCCVB must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the CCCVB fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the CCCVB for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property, Within 30 days after the conclusion of the Event, the City will provide the CCCVB's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. CCCVB will pay City's invoice for damages, within 30 days after City tenders the invoice to CCCVB's Agent, less any amount(s) the CCCVB has disputed. 9. GENERAL PERMITS. CCCVB shall obtain necessary permits from City Departments, as outlined below. A. Special Event Permit. CCCVB will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. As part of the Special Event permit, a street closure process will govern any necessary street closures. CCCVB must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Code of 5 Ordinances. All temporary street closures on a temporary basis are subject to the requirements of City Code of Ordinances. B. Temporary Promotional Event Permit CCCVB will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the CCCVB to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. CCCVB may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. CCCVB must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) D. Alcohol Vendors. CCCVB must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage CCCVB for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit/Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §16 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. E. Fireworks Permit. If Fireworks are being hosted, CCCVB must obtain Fireworks Permit from the Fire Department. Any requested use of City property for fireworks launch must be approved separately by written agreement of the City Manager, with concurrence from the third party operator of the City facility, the City director overseeing the City property, and also compliance with additional insurance requirements imposed by the City Risk Manager. F. Water Events. For any water events, CCCVB must obtain necessary permits from the United States Coast Guard. G. Additional Permits. CCCVB's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. 6 H. Music and Movie Licenses. CCCVB is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. The CCCVB must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. CCCVB shall contract with a third party company to implement traffic control plan provided by the City Traffic Engineering Department. Event setup will not begin without the protection of traffic control devices. B. Parking. The CCCVB will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities C. Signage and Advertising. CCCVB's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre-approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms, Drinking Water and First Aid. The CCCVB must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. CCCVB may provide temporary fence around Event areas, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit C may be revised to enlarge or decrease the fenced area in accordance with the CCCVB's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. CCCVB must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. CCCVB must remove the screens within the non-exclusive use period after the close of the Event. However, CCCVB must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities._ G. Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if CCCVB provides the Parks Director prior written assurances that CCCVB will remedy said damages in accordance with §8 CCCVSS 7 FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildings. CCCVB must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre-mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 11. CLEAN UP. CCCVB is responsible for trash pickup at the Event. CCCVB must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. CCCVB may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the CCCVB and taken to a location designated by the CCCVB. CCCVB may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give CCCVB's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by CCCVB shall be pay. 12. RIGHT OF CCCVB TO USE PUBLIC STREETS. CCCVB acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by CCCVB with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. CCCVB must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. During Event hours, CCCVB agrees to utilize CCPD officers to provide security, to be coordinated through a CCPD-designated liaison. Costs for the CCPD 8 officers are covered in §8 CCCVB FINANCIAL OBLIGATIONS, above.. However, the full costs for the liaison are to be invoiced separately to the CCCVB. CCCVB may provide additional security officers during the Event, and after the Event closes each night, until it opens the next day. CCCVB will assign the security officers duties. If the City Police Chief determines it is necessary, the Police Chief will assign additional Police Officers to provide off-site crowd and traffic control for the Event beyond the boundaries of the Event and traffic control plans identified in this contract. The use of additional police officers will be billed at full cost and will be included in the final invoice. Event organizer will be informed if additional officers are needed. 15. SAFETY HAZARDS. The CCCVB, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 16. INSURANCE. CCCVB agrees to comply with attached insurance Exhibit D. In addition, CCCVB's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of$1,000,000 per occurrence for personal injury, death and property damage. CCCVB is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non-owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. CCCVB must also furnish insurance in the form of an accident policy for volunteers with minimum limits of$10,000 for death or dismemberment and minimum limits of$5,000 for medical expenses. If alcohol is served at any of the CCCVB's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. CCCVB must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. CCCVB must require all volunteers to sign an accident waiver form that CCCVB must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, CCCVB must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, CCCVB must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non-renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to CCCVB. 9 17. INDEMNITY. CCCVB shall indemnify and hold City, its officers, agents and employees ("Indemnitees'g harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of CCCVB or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("Indemnitors'q entering upon City property to set-up and take-down, hold, attend, or participate in the Fiesta de la Flor event and associated activities, with the expressed or implied invitation or permission of CCCVB, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. CCCVB covenants and agrees that if City is made a party to any litigation against CCCVB or in any litigation commenced by any party, other than CCCVB relating to this CCCVB Lease Agreement, CCCVB shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. NOTICE. Notice may 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 deposit if sent certified mail. Notice must be sent as follows: If to City: If to CCCVB: Director of Parks and Recreation Event Manager City of Corpus Christi Corpus Christi CCCVB P.O. Box 9277 101 N. Shoreline Blvd. Suite 430 Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401 (361) 880-3461 FAX (361) 880-3864 19. ASSIGNMENT. CCCVB may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of CCCVB to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or 10 condition by CCCVB entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by CCCVB is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by CCCVB and the sums inure to the benefit of City as a set-off against any debt or liability of CCCVB to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from CCCVB by the City are compensation for provision of City services as described herein and for the right of CCCVB to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The CCCVB recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. CCCVB must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at CCCVB's sole expense and cost. 24. NON-DISCRIMINATION. CCCVB warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. Disclosure of Interests. CCCVB agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee 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 information on the City Secretary's website at 26. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and CCCVB for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to CCCVB's 11 operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Margie C. Rose City Secretary City Manager Approved as to form- By- Lisa orm:By:Lisa Aguilar, Assistant City Attorney For the City Attorney 12 CORPUS CHRISTI CONVENTION AND VISITORS BUREAU By- Name- Title- Date- 13 EXHIBITA Description of Fiesta de la Flor and related activities Fiesta de la Flor - scheduled for April 13-14, 2018 - celebrates the fourth year of the festival dedicated to honoring the life and legacy of Corpus Christi's hometown icon, Selena Quintanilla. Predominately a music festival, Fiesta de la Flor features an incredible line-up of Latino musical acts that have tremendous drawing power across the globe. The footprint for the 2018 festival allows for shopping experience of international artisan vendors located inside the American Bank Center, an expansive food truck court that highlights South Texas cuisine and increased seating space of attendees. With top-notch production values, high-quality tech, a stellar fireworks show and many more amenities, the 2018 Fiesta de la Flor plans to build on its reputation as a transformative experience for Selena fans across the world! In 2017, the Fiesta de la Flor attracted approximately 55,000 attendees. Sixty-one percent of the attendees were from outside the greater Corpus Christi metroplex and the festival generated an estimated indirect economic impact of $15 million. The influx of visitors to Corpus Christi created 83.9% overall occupancy in hotels city-wide. Hoteliers enjoyed increased ADR (average daily rates) of over 21.7% compared to the same weekend in 2016. Attendees came from all over 42 countries - including Mexico, Brazil, Ecuador, Canada and more. Pre-sale tickets will be sold online via www.eventbrite.com; festival organizers continue work to honor Selena's diverse fan base by providing an exceptionally affordable festival ticket price point. Other opportunities for pre-sale ticket purchases will be announced after February 1, 2018. Fiesta de la Flor could not happen without it's valued community partners and its sponsors. The Corpus Christi Convention and Visitors Bureau gratefully acknowledges the Quintanilla family for their continued support and partnership in the development and success of Fiesta de la Flor. 14 EXHIBIT B Dates of Fiesta de la Flor: Friday,April 13, 2018 and Saturday April 14, 2018 Set-Up: Monday,April 9, 2018, with phased traffic closures beginning on that same day. Take Down: Sunday,April 15, 2018, with traffic control devices removed early morning Monday,April 16, 2018. 15 EXHIBIT C Site Map and Description of City Property being Utilized. Specific site layout may be subject to change. 11 .......................... r ri/irri ra +Nl kt� r i nue � ;aa 16 EXHIBIT D INSURANCE REQUIREMENTS L LESSEE'S LIABILITY INSURANCE A. Lessee (CCCVB) must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two(2)copies 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, and a waiver of subrogation 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 change Per occurrence - aggregate or termination required on all certificates and policies. 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) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $$5,000 for Medical LIQUOR LIABILITY $1,000,000 Per Occurrence 17 PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned,leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Lessee or as requested by the City. Lessee shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that,with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 18 • Provide thirty(30)calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five(5) calendar days of a cancellation,non-renewal, material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s)which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2014 Insurance Requirements Parks and Recreation Dept. Fiesta De La Flor Event 12/29/2014 ds Risk Management SC 00 � 0 E AGENDA MEMORANDUM NCORPORP11 First Reading for the City Council Meeting of January 23, 2018 1852 Second Reading for the City Council Meeting of January 30, 2018 DATE: January 18, 2018 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jay Ellington, Director of Parks and Recreation jayell@cctexas.com (361) 826-3042 Construction Contract Dr. Hector P. Garcia Park Hike and Bike Trail CAPTION: Ordinance appropriating $264,000 of anticipated revenue from the Texas Department of Transportation in Fund No. 3280 for the Dr. Hector P. Garcia Park Hike and Bike Trail; changing the FY 2018 Capital Improvement Program Budget adopted by Ordinance No. 031249 to increase revenues and expenditures by $264,000; and authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting, LLC., of Corpus Christi, Texas in the amount of$305,106.60 for the Dr. Hector P. Garcia Park Hike and Bike Trail project for the base bid. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for a Hike and Bike Trail project, located in Dr. Hector P. Garcia Park near Greenwood Drive and Horne Road. BACKGROUND AND FINDINGS: This project is a joint TXDOT/City project with 80/20 respective cost sharing for the construction of a Hike and Bike Trail, located in Dr. Hector P. Garcia Park. The City share was funded through the Parks & Recreation Improvements Hike and Bike Trails (Bond 2012, Proposition 4) and the Greenwood Drive Improvement project (Bond 2012, Proposition 1). Dr. Hector P. Garcia Park Hike and Bike Trail project provides off-street connectivity from local neighborhoods to the park with a safe route to local schools. The new trail parallels Greenwood Drive and Airport Ditch connecting Horne Road, Lulac Village, Greenwood Park/Pool and was selected as the best alternative for safe connectivity with neighborhoods, park, schools and local transportation system. The new trail will connect and extend an existing trail on south side of the Park near Columbia Street. This project was initially developed with Greenwood Drive, from Gollihar Road to Horne Road (Proposition 1 Bond 2012 Street project) project to create an off-street trail through the park. The joint project allows the City to maximize resources with Metropolitan Planning Organization (MPO) to optimize mobility and connectivity for the local community in lieu of on-street striped bike lanes. The off-street shared walkway/trail is consistent with MPO's new mobility plan and is the most cost-effective solution. The State match for this project was approved in an amount not exceed $264,000, as part of the Metropolitan Planning Organization's 2016 Transportation Alternatives Program (TAP). The City's share (20%) is $61,021.32. Project Scope: New trail construction is a 10-foot wide Hot Mix Asphalt Concrete(HMAC)shared use path with signage, markings and ADA amenities. Project includes construction 10-ft wide 3,200 LF of Hot-Mix Asphalt Concrete trail through Dr. Hector P. Garcia Park. New trail includes four (4) new Timber Kiosks with concrete pads and new trail guide signs. On October 25, 2017, the City received proposals from seven (7) bidders and bids are as follows: Contractor Bid Mako Contracting, LLC. Corpus Christi, Texas $305,106.60 GCP Contractors, LLC. Needville, Texas 329,519.50 Grace Paving and Construction, Inc. Corpus Christi, Texas 351,989.83 R.S. Parker Construction, LLC. Corpus Christi, Texas 354,772.85 Mo-Con Services, Inc. Corpus Christi, Texas 373,113.32 ABBA Construction, LLC. Laredo, Texas 408,754.50 Gourley Contractors, LLC. Corpus Christi, Texas 652,339.67 Engineer's Opinion of Probable Construction Cost $310,000.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Govind Development, LLC. is the Engineer that was selected for this project under RFQ No. 2012-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget 146,398.60 146,398.60 Ordinance 264,000.00 264,000.00 (This Item) REVISED BUDGET $410,398.60 $410,398.60 Encumbered / Expended Amount Construction 305,106.60 305,106.60 (This item) Future Anticipated Expenditures This 105,292.00 105,292.00 Project BALANCE 0.001 0.00 Fund(s): Bond 2012 Greenwood Drive Street Project Bond 2012 Hike and Bike Texas Department of Transportation Comments: N/A RECOMMENDATION: City staff and Govind Development, LLC., recommend award of a construction contract to Mako Construction, LLC., in the amount of $305,106.60 for the base bid for Dr. Hector P. Garcia Park Hike and Bike Trail project. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation ORDINANCE APPROPRIATING $264,000 OF ANTICIPATED REVENUE FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN FUND NO. 3280 FOR THE DR. HECTOR P. GARCIA PARK HIKE AND BIKE TRAIL; CHANGING THE FY 2018 CAPITAL IMPROVEMENT PROGRAM BUDGET ADOPTED BY ORDINANCE NO. 031249 TO INCREASE REVENUES AND EXPENDITURES BY $264,000; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH MAKO CONTRACTING, LLC., OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $305,106.60 FOR THE DR. HECTOR P. GARCIA PARK HIKE AND BIKE TRAIL PROJECT FOR THE BASE BID. (BOND 2012) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is amended to add $264,000 of anticipated revenue from the Texas Department of Transportation to the Dr. Hector P. Garcia Park Hike and Bike Trail (Bond 2012) SECTION 2. Revenues and expenditures in the amount of$264,000 are increased in the FY 2018 Capital Improvement Program Budget adopted by Ordinance No 031249. SECTION 3. The City Manager or designee is authorized to execute a construction contract for Dr. Hector P. Garcia Hike and Bike Trail (Bond 2012) for Base Bid only in the amount of$305,106.60 with Mako Contracting, LLC., of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE Dr. Hector P. Garcia Park Hike and Bike Trail PROJECT FUNDS AVAILABLE: Bond 2012 Proposition 1 Street CIP (Greenwood Drive) ......................................... 91,848.60 Bond 2012 Proposition 4 Parks CIP (Hike & Bike Trail) ........................................... 54,550.00 Texas Department of Transportation.................................................................... 264,000.00 TOTAL FUNDS AVAILABLE............................................................................. $ 410,398.60 FUNDS REQUIRED: Construction Fees:........................................................................................... 335,617.60 Construction (Mako Contracting, LLC) THIS ITEM.......................... 305,106.60 Contingency (10%)..................................................................... 30,511.00 TXDOT (Texas Department of Transportation)....................................................... 4,620.00 Construction Inspection and Testing Fees:............................................................ 20,225.00 Construction Inspection TBD........................................................ 14,225.00 Construction Phase - Materials Testing Services .............................. 6,000.00 Design and Geotechnical Fees:.......................................................................... 29,550.00 Engineer (Govind Development, LLC).............................................. 29,550.00 Contract Management, Reimbursements and Miscellaneous:.................................... 20,386.00 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)..... 7,954.00 Engineering Services (Project Mgt)............................................... 11,932.00 Misc. (Printing, Advertising, etc.).................................................. 500.00 TOTAL.......................................................................................................... $ 410,398.60 ESTIMATED PROJECT BUDGET BALANCE....................................................... 0.00 NUECES RIVER NUECES BAY ^ ' I\VI LE SCALE: N.T.S. HD o'PRi poR z HIP o CORPUS CHRISTI g LEOPARD 44 PROJECT LOCATION CORPUSCHRISTI OW/ 2138 INTEROR TIO L 358 S H'OR 7 W y N N CORPUS CHRISTI BAY ti 0 o<E R n .4 �E+N TEXAS A&M UNIVERSITY �O h'OkY CORPUS CHRISTI 35B N Z � C � TOCg3 Mph `o CABANISS pj Z OSO BAY CORPUS CHRISTI HELD Q NAVAL AIR STATION 885 43 o° FLOUR BLUFF 358 288 Q4 J O� �v Off, of °2 2444 Ibq�O�H VP 3C' LAGUNA MADRE LOCATION MAP NOT TO SCALE Project: E15142 Dr. Hector P. Garcia Hike & Bike CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Trail DEPARTMENT OF ENGINEERING SERVICES NW. Corpus Chr'sti Engineering Hector P. Garcia Park Hike and Bike Trail Council Presentation January 23, 2018 , Project Location Corpus Ch-stl Engineering PROJECT LOCATION N SCALE:N.T.S. CORPUS CHRISTI BAY a ORO BAY Q u an srn 93 FLOUR BLUFF �O i xw� � Project Vicinity �r j Corpus Chr'sti Engineering li I 1 yO��e N ,r Ra re sCALE!N.T.S. HIKE&BIKE TRAIL � I i 1 Park Limits N H,N, U I t% b v Project Scope i Engineering This project includes: • Construction of 3,200 LF of Asphalt Trail. • Installation of a total of 4 Timber Kiosks with Concrete Pads. • Installation of new trail guide signs along the new trail. This project is federally funded through Texas Department of Transportation (TxDOT). �d Project Schedule °U� Corpus Chr'sti Engineering O N D J F M Bid/Award Projected Schedule reflects City Council construction award in December 2017 with anticipated completion in March 2018. Project construction estimate = 60 days FEVELOPMENT LLC Lval'lu n"Il�"C�diviSI�II October 31,2017 City of Corpus Christi Engineering Services P.O.BOX 9277 Corpus Christi,TX 78469-9277 Attn: Jeff Edmonds,P.E.,Director of Engineering Services Re: DR.HECTOR P. GARCIA PARK HIKE&BIKE TRAIL City of Corpus Christi Project No E15142 Letter of Recommendation—Award of Contract Dear Mr.Edmonds, We have reviewed the seven(7)bids received on October 25,2017 for Dr. Hector P. Garcia Park Hike&Bike Trail City of Corpus Christi Project No-E15142.The project consists of the construction of a new asphalt hike and bike trail with park kiosks and trail signs. The bidders were Mako Contracting,LLC(Mako),GCP Contractors,LLC,Grace Paving and Construction,Inc.,R.S. Parker Construction,LLC,Mo-Con Services,Inc,ABBA Construction,LLC and Gourley Contractors,LLC.Majority of the contractors are from Corpus Christi,TX with the exception of GCP Contractors (Needville,TX)and ABBA Construction(Laredo,TX).The seven(7)bids have been evaluated and a Bid Tabulation has been prepared(see enclosed). The low bidder is Mako Contracting,LLC with a Total Base Bid of$305,106.60. We are in receipt of Mako's Statement of Experience(SOE) and Mako has completed five(5)projects for the City of Corpus Christi in the past five(5)years,with four(4)completed in the past two(2)years. Completed project construction costs range from$105,000 to $1,109,000.Mako's project management team has extensive experience in civil/site construction projects and is suitable for the project. Based upon our evaluation of the bids and SOEs,Govind Development,LLC recommends award of the project to Mako Contracting,LLC for the following bid amount: TOTAL BASE BID $305,106.60 If you have any questions,or require any additional information,please contact our office. Respectfully, Marcos I arra,-"P.E. Le4d Civil Engineer Govind Development,LLC Encl.—Bid Tabulation,Statement of Experience 9510 Leopard St•Corpus Christi,TX 78410 •Ph 361241-2777 •Fax 361356-4384•www.govinddevelopment.com SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of January 23, 2018 "`1852E° Action Item for the City Council Meeting of January 30, 2018 DATE: December 15, 2017 TO: Margie C. Rose, City Manager FROM: Steven Viera, Director of Human Resources SteveV@cctexas.com (361) 826-3445 Amending Chapter 39 of the Corpus Christi Code of Ordinances to revise Article III. - EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM; providing for severance, publication, penalty, and an effective date. CAPTION: Ordinance amending Chapter 39 of the Corpus Christi Code of Ordinances to revise Article III. - EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM; providing for severance, publication, penalty, and an effective date. PURPOSE: The purpose of this ordinance is to revise subsection (b) of Article III Section 39-309 to reflect the increase of the employee's contribution toward dependent premiums from 50% to 75% BACKGROUND AND FINDINGS: In prior years, the City contributed 50% toward the cost of dependent health plan premiums. The rapid rise of health care costs has resulted in large deficits in the health plan over the last several years. In an effort to continue to provide affordable health care to City employees, we have re-examined the City's contribution toward dependent premiums and determined that it is in the City's financial best interest to reduce its contributions toward dependent premiums from 50% to 25%. ALTERNATIVES: The City could choose to continue to contribute 50% of the dependent premiums or select a different percentile. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the Ordinance to amend Article III Section 39-309 subsection b, Coverage under the City's group health plan for eligible employees and members of the city council LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE Ordinance amending Chapter 39 of the Corpus Christi Code of Ordinances to revise Article III. - EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM; providing for severance, publication, penalty, and an effective date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 39 of the Corpus Christi Code of Ordinances is amended by revising Article III — EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, as follows: ARTICLE III — EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39-309. - Coverage under the city's group health plan for eligible employees and members of the city council. (a) Full-time employees are eligible for group health plan coverage as defined by the city manager and, where elected, shall contribute an amount not to exceed nine and one-half(9.5) per cent of the federal poverty line for a single individual for the applicable calendar year. (b) Full-time employees shall contribute :fifty....(50) sevenly.fliv ( ` ) per cent of the cost for dependent group health plan coverage for Citicare, if such coverage is elected. (c) Members of the city council and their dependents are eligible for the city's group health plan coverage, and where elected, shall contribute at the same rate as full-time employees for the cost of such coverage. (Ord. No. 24968, § 1, 7-23-2002; Ord. No. 025849, § 3, 7-20-2004; Ord. No. 027353, § 3, 7-24-2007; Ord. No. 027358, § 17 7-24-2007; Ord. No. 027778, § 77 7-22-2008; Ord. No. 028468, § 27 1-26-2010; Ord. No. 028685, § 17 7-20-2010; Ord. No. 030974, § 17 9- 27-2016) SECTION 2. 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 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect after official publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED, this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Sc o� A AGENDA MEMORANDUM v NCORPOR` Future Item for the City Council Meeting of January 23, 2018 1852 Action Item for City Council Meeting of January 30, 2018 DATE: January 23, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEIIL@cctexas.com (361) 826-3464 Jim Davis, Director of Fleet Maintenance Ilmd(cDcctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2&cctexas.com (361) 826-3169 Purchase of Utility Terrain Vehicles for Beach Operations CAPTION: Motion authorizing the City Manager, or designee, to purchase five Kubota RTV-X900G- A utility terrain vehicles for beach operations from Ewald Kubota, of Corpus Christi, Texas, based on Request for Bids (RFB) No. 272 based on the lowest responsive, responsible bid for an amount of$80,585. PURPOSE: This item is to approve the purchase of utility terrain vehicles for beach operations. BACKGROUND AND FINDINGS: The purchase of five utility terrain vehicles for beach operations are replacement units for those utility terrain vehicles that were destroyed during the 2017 Hurricane Harvey event. The purchase of the five utility terrain vehicles will be used by the Parks and Recreation Department's Beach Division for everyday operations by Beach Operations staff members. Three will be used for Turtle Patrol and two will be used by beach parking permit sales staff members. The Purchasing Division advertised and released RFB No. 272 to solicit bids. One company submitted a bid; staff conducted an online price comparison looking at ATV.COM and Kubota Tractor Corporation and as has established that the bid submitted was fair and reasonable. Staff recommends award to Ewald Kubota. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks & Recreation and Fleet Maintenance Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $254,195.00 $0.00 $254,195.00 Encumbered / Expended Amount $104,952.00 $0.00 $104,952.00 This item $80,585.00 $0.00 $80,585.00 BALANCE $68,658.00 $0.00 $68,658.00 Fund(s): State HOT Beach Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID NO. 272 BUYER: ROBERTA ORTIZ UTILITY TERRAIN VEHICLES FOR BEACH OPERATIONS Ewald Kubota Corpus Christi, Texas UNIT EXTENDED ITEM DESCRIPTION Unit Qty PRICE PRICE 1 Kubota RTV-X900G-A Utility Terrain Vehicle EA 5 $16,117.00 $80,585.00 TOTAL: $80,585.00 SC 00 � 0 E AGENDA MEMORANDUM NCORPORP11 Future Item for the City Council Meeting of January 23, 2018 1852 Action Item for the City Council Meeting of January 30, 2018 DATE: January 17, 2018 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Mike Markle, Police Chief mikema@cctexas.com (361) 826-2601 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Police Vehicle Impound Yard and Garage Phase 2 Bond 2012, Proposition 7 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Barcom Construction, Inc., of Corpus Christi, Texas in the amount of $779,279.78 for Police Vehicle Impound Yard and Garage Phase 2 (Rebid) project for base bid plus additive alternate one (Bond 2012, Proposition 7) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Police Vehicle Impound Yard and Garage Phase 2 project. BACKGROUND AND FINDINGS: This project was approved in Bond 2012 Proposition 7 Safety Improvement Projects by the community in a general election held on November 6, 2012. Bond 2012 Brochure Description: "This project proposes the expansion of the current vehicle impound lot, including a 2,700 sq. ft. forensics garage for investigative work on vehicles and holding area for vehicles involved in crime scenes." The Police Department requires a secured location and facility to perform Forensics Investigations on vehicles involved in crime. This project provides the location and a facility to conduct investigations and properly establish chain of custody and store evidence. The Phase 2 project converts the existing parking lot and constructs a new pre-engineering metal building for use by the Police Department. The project was previously bid in July 2015 with all six bids substantially exceeding project budget and estimate. The scope was revised and additional funding requested to achieve minimum standards required for this facility. The following is the revised scope: Project Scope: The Police Vehicle Impound Yard and Garage project constructs a new 2,700-square-foot metal building with two vehicle bays (2,100 SF) and a secured evidence storage room with a small laboratory with sink & vent hood (600 SF). The new facility includes four lockable vehicular overhead doors with a small air compressor and associated piping for tool operations with miscellaneous lighting, electrical services etc. The project also rehabs the existing 17,300 SF Hot-Mix-Asphalt-Concrete parking lot to accommodate building functions and required drainage improvements. The project was bid with a Base Bid with two Additive Alternatives as follows: Base Bid — Includes new metal building and rehab of existing asphalt parking lot. Additive Alternatives No. 1 and 2 provide two building foundation alternatives to maximize competition and cost effectiveness. Additive Alternate 1 —Slab foundation on grade with over excavation of expansive soils down to three (3) feet below existing grade Additive Alternate 2 — Pier Supported foundation with suspended slab and drilled piers On December 6, 2017, the City received proposals from four (4) bidders with only two bids determined to be responsive and accurate as follows: Additive Additive Alternate No. Base Bid and Alternate No. 1 2 (Pier Additive (Slab on Grade Supported Alternate Contractor Base Bid Foundation) Foundation) No. 1 Total Barcom Construction, Inc. Corpus Christi, Texas $685,829.84 $93,449.94 $153,071.75 $779,279.78 Progressive Structures, Inc. Corpus Christi, Texas $846,999.98 $99,787.00 $98,876.00 946,786.98 Engineer's Opinion of Probable Construction Cost $535,232.00 $81,500.00 $79,500.00 $619,732.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Freese & Nichols was selected for professional engineering services by RFQ No. 2008-05 dated December 17, 2008. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Budget and Fiscal Year Expenditures 2017-2018 Current Year Future Years TOTALS Budget $1,060,935.58 $1,060,935.58 Encumbered / Expended Amount This item 779,279.78 779,279.78 Future Anticipated 265,009.39 265,009.39 Expenditures This Project BALANCE $16,646.41 $16,646.41 Fund(s): Bond 2012 Public Health & Safety, PH01 Law Enforcement Trust fund Easement ROW Comments: N/A RECOMMENDATION: City staff and design engineer, Freese and Nichols, Inc., recommend construction contract award to Barcom Construction, Inc., of Corpus Christi, Texas in the amount of $779,279.78 for Police Vehicle Impound Yard and Garage Phase 2 (Rebid) Project for Base Bid plus Additive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE Police Vehicle Impound Yard and Garage, Phase 2 Bond 2012 Proposition 7 - Public Safety Improvements PROJECT FUNDS AVAILABLE: Bond 2012 Proposition Seven................................................................................... 700,000 WastewaterCI P.................................................................................................... 27,463 WaterCIP............................................................................................................ 31,972 Easement Right of Way Revenue............................................................................. 78,646 Drug Forfeiture Fund............................................................................................... 222,854 TOTAL FUNDS AVAILABLE.................................................................................... $ 1,060,935 FUNDS REQUIRED: Construction Fees:................................................................................................. 818,244 Construction (Barcom Commercial) THIS ITEM.................................... 779,280 Contingency (5%)............................................................................. 38,964 Construction Inspection and Testing Fees:.................................................................. 31,478 Construction Inspection TBD (3%)....................................................... 23,378 Construction Phase - Materials Testing Services .................................... 8,100 Design and Geotechnical Fees:................................................................................ 135,120 A/E Contract (Freese and Nichols).................................................. 110,168 Amendment No. 1 (Freese and Nichols).......................................... 5,908 Amendment No. 2 (Freese and Nichols).......................................... 19,044 Contract Management, Reimbursements and Miscellaneous:.......................................... 59,446 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget).......... 23,378 Engineering Services (Project Mgt)..................................................... 35,068 Misc. (Printing, Advertising, etc.)........................................................ 1,000 TOTAL................................................................................................................ $ 1,044,288 ESTIMATED PROJECT BUDGET BALANCE............................................................. 16,646 181 NUECES BAY c NO'QR/p0� SCALE: N.T.S. SHIP CHANN CORPUS CHRISTI � I Qom � LEOPARD O a z e o <p 2ss CORPUS CHRISTI BAY � ORGP O 3580 M �2�° ���o��� PROJECT LOCATION ,`o 0 00 TEXAS A&M UNIVERSITY off NO<<Y CORPUS CHRISTI O� Q 358 ZZ C Q� �SgRgr°cq��m Q'r� �Rp�F O BCO NISS � CORPUS FIELD i OSO BAY a NAVAL All Qv Q O Qv Q° o FLOUR BL � = 358 286 OSO QQo W �Q Z J OAF U� C F a Q 2 Y + 40 002 OR�rO GQ� �Q- wN LOCATION MAP NOT TO SCALE Project Number: E12126 Police Vehicle Impound CITY COUNCIL EXHIBIT Yard and Garage (Phase 2) CITY OF CORPUS CHRISTI,TEXAS ` DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering Police Vehicle Impound Yard and Garage Phase 2 (Bond 2012, Proposition 7) Council Presentation January 23, 2018 r �9))) Project Location Corpus CNr'stl Engineering Y LEOPARD N ti SCAf.C:N.T.S. 4 2 44 �aQaw CORPUS CHRISTI HAY O h 286 a M GM 0 spa ,n y POLICE VEHICLE IMPOUND 4qa 4w3 YARD AND GARAGE(PHASE 2) N� 0 TO UNI 'y 00 ry 4 359 CABANISS ry CSO FIELD Q, 0 4� 2 Project Vicinity ?\ Corpus erw » @m©mm \ ® : � ^ y � � . : ' y } \ � /•< . �\<�\ / � � ` , - « » VON Project Site Plan Corpus CNrsti r Engineering I I f z. tl I LN N Project Scope Corpus CNrstl ' Engineering This project includes the following: • New 21700 SF metal building • 21100 SF for Forensics • 600 SF of Preparation and Evidence • Four (4) overhead doors for vehicle bays • Vehicles involved in crime scenes will be taken there for forensics to gather evidence • Reconstruction of existing asphalt parking lot • 17,300 SF Project Schedule p d� y . . Corpus CNrstl Engineering 2017 • N D J F M A M J J A S O N Bid/ Award Projected Schedule reflects City Council award in January 2018 with anticipated completion in November 2018. c� I 1 1 In 00 N.uoIlliruelv .nSu'u .C90N - Corpus IlvusVnTa¢as' 0 '° 951. 50x6 ...!!»6 . 1 �r« I��,�^.tt��,� December 14, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469 Re: Police Vehicle Impound Yard and Garage—Phase 2(Bond 2012) Re-Bid City Project No. E12126 Mr. Edmonds: The City of Corpus Christi received four(4) sealed bid proposals for the above referenced project on December 6, 2017 at 2:00 p.m. at the City Secretary's office. The project bid included a base bid for the construction of a new Forensics Building and associated site and utility work. There were two additive alternate bid items included in the project for a slab on grade foundation and a drilled pier supported foundation. Attached are the bid tabulations of the four(4) bid proposals. We have received and reviewed the Statement of Experience of the three (3) lowest bidders and have found them to be satisfactory. Only three of the bid proposals were properly executed and submitted in compliance with the bidding requirements for this project. One (Gourley Construction)was deemed non-responsive by the City's Legal Department. Additionally, Mo-Con Services requested to withdraw their bid and the City reviewed and accepted their request. The bid breakdown for the four bidders is shown on the attached Tabulation of Bids, and are summarized below: Bidder Base Bid Add.Alt. 1— Add.Alt.2— Slab on Grade Pier Supported Foundation Foundation Mo-Con Services, Inc.* $486,222.73 $91,795.00 $110,000.00 Barcom Construction, Inc. $685,829.84 $93,449.94 $153,071.75 Gourley Construction, $794,738.52 $101,409.38 $96,764.42 LLC.** Progressive Structures, Inc. $846,999.98 $99,787.00 $98,876.00 * Bid Withdrawn ** Bid deemed non-responsive Barcom Construction, Inc. is the apparent low bidder for the project after the withdrawn bid by Mo-Con Services, Inc. Barcom's lowest cost foundation option is Additive Alternate No. 1—Slab on Grade Foundation. December 13, 2017 Page 2of2 Therefore, FNI recommends that the City award the construction contract for Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid (City Project No. E12126)to Barcom Construction, Inc. of Corpus Christi,Texas in the amount of$779,279.78 for Base Bid and Additive Alternate No. 1. If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Aert—'_ /)-"— I f E . Shane Torno, P.E., P.M.P. Attachments: Tabulation of Bids TABULATION OF BIDS FREE SE AND NICHOLS,INC. h:ssys,ni Bnse Bi ,ssra,rai Bn-Bi— Id—Aft.1 nim Aaa.rani POLICE VEHICLE IMPOUND YARD AND GARAGE-PHASE 2(Blnl 20121 R ii n� rices nc. Bnscom ons N ion,nc. n ra ors sne N ores nc. t Frynn Fxwr e. err ne .n assn or— P.O..' 7-6 CITY PROJECT NO.E12126 Con-Chnii1i,TX—11 Cor­Chnii1i, QTY. UNIT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT BASEBID-PARTA:GENERAL Al Meal"fian LS 1 $14,30000 $14,30000 $2,940]8 $2,940]8 $45,47200 $45,47200 $11,02000 $11,02000 A2 Banfract.,Han.Office Overh.hd h,d Prafk(H0H) LS 1 $60 5)0 00 $60 500 00 $000 $000 $7,840 00 $7,840 00 $4,785.00 $4,785.00 A3 Field Office Overhead(FOH) LS 1 0000$33 $330000 $2940]8 $2940]8 $10332000 $10332000 $1740000 $1740000 A4 Payment and Performance Bands LS 1 $1100000 $1100000 $1615513 $1615513 $1245527 $1245527 $1096500 $1096500 A5 Insurance LS 1 $11,00000 $11,00000 $10,83871 $10,83871 $20,57888 $20,57888 $2,55200 $2,55200 A6 Pe— LS 1 $4,40000 $4,40000 $8,31091 $8,31091 $5,29200 $5,29200 $3,51500 $3,51500 A7 Darnall- LS 1 $9,883.00 $9,883.00 $2,55]_20 $2,55]_20 $24,19200 $24,19200 $8,83900 $8,83900 Subtotal Pan'A'Items Al-A7 $114,383.00 $43,743.51 $219,150.15 $59,076.00 BASEBID-PARTB:PAVINGIMPROVEMENTS 11 She Blearing Stripping and Grading SY 2,200 $449 $9,171W $145 $3,190.00 $1008 $22,1]000 $128 $2,816W B2 Temporary 6High C...fiucfian Fencing LF 260 $18.15 $4,]1900 $738 $1,91880 $551 $1,43260 $652 $1,695.20 B3 12"Compacted Subgrad. SY 1,880 $104 $1,95520 $575 $10,81000 $447 $8,40380 $336 $6,31680 B4 Geagrid(Tensar TX S) SY 1,880 $455 $8,55400 $1036 $19,47680 $1008 $18,95040 $499 $9,38120 BS 8"C—hed Limestone Flexible Bas.(Type A Grade i-2) SY 1,880 $1753 $32,95640 $2071 $38,93480 $18.14 $34,10320 $1972 $37,07360 B6 Prime Baat(0.15 Gal/SY) GAL 282 $862 $2,43084 $680 $1,91760 $556 $1,56792 $551 $1,55382 B7 21/2"HMABP(Type'D') SY 1,929 $2333 $45,00357 $24.16 $46,60464 $21.13 $40,75977 $2343 $45,19647 B8 4"Painted Parking Sdiipes(Yell-) LF 300 $161 $48300 $320 $96000 $280 $84000 $064 $19200 B9 Handicap Perking Symbol EA 1 $9790 $9790 $63.93 $63.93 $5600 $5600 $5880 $5880 B10 Handicap Parking Sign EA 1 $31845 $31845 $28128 j $28128 1 $28000 j $28000 1 $32480 $32480 B11 Concrete Wheel Steps 225 $7673 $15346 $11187 $22374 $84.00 $16800 $7540 $15080 B12 Ozone Day $1,33073 $2,66146 $15982 $31964 $1,68000 $3,360.00 $58000 $1,160.00 B13 Silt Fence far Stern Water Pollution Prevention $330 $2,24480 $639 $4,34520 $448 $3,04640 $4.12 $2,80180 B14 Sediment Bantral Lag $55315 $13,82875 $1023 $25575 $1120 $28000 $365 $125 Subtotal Pan'B'Items Bl-614 $125,284.03 $129,302.18 $135,423.89 $108,811.54 BASEBID-PARTC:WATERDISTRIBUTION IMPROVEMENTS [C2 2"Sch_40PVBWatehin. LF 104 $1195 $124280 $46.03 $478712 $1400 $1456.00 $41 D6 $4343.04 2"45°PVC Bend EA 2 $23100 $46200 $10228 $20456 $16800 $33600 $9280 $18560 2"Water Service Bann ectian EA 1 $192500 $192500 $536995 $536995 $280000 $280000 $487200 $4872008"x 6"Ta in Sleeve EA 1 $3 13500 $31300 $6 648.51 $6648.51 $10 640 00 $10 640 00 $6 03200 $603200Fire H dram Ass.mbl T e 1 EA 1 $5 610 00 $5 610 00 $7 159 94 $7 159 94 $7 280 00 $7 280 00 $6 496 $6496.00Trench Safiet far Wateain es LF 104 $2840 $295360 $492 $51168 $3920 $407680 $800 $83200 Remove and Re lace Exisfin 6'Hi h Chain Link Fence w/Barbed Wire LF 20 $2307 $46140 $5600 $112000 $9208 $184180 $16100 $322000Allowance far Unenfici efed Wafer U[ilk Wark LS 1 $200000 $200000 $200000 $200000 $200000 $200000 $200000 $200000 Subtotal Part'C'Items C1-C8 $17,789.80 $27 801.76 $30 430.40 $27,980.64 BASEBID-PARTD:WASTEWATERIMPROVEMENTS 01 6"Die_PVBWastewater GtavLv Line(0 6 Depth) LF 90 $3771 $339390E$ZO011 $517860 $4120 $370800 $5220 $469800 02 4"Die_PVC Wastewater Gravk Line 0'6 Dem LF 20 $50.05 $1!2 1 001 W $971 80 $35 84 $716 80 $44.08 $88180 D3 6"X6"x4"PVC Wye EA 2 $1,96900 $3,93880 $89500 $84000 $1,68000 $40600 $81200 D4 4 PVC 45°Bend EA 2 $1248.50 $249700 $31964 $28000 $56000 $14500 $29000 D5 6"Tie-in Service Bannecfian Include bends fiftin etc EA 1 $304700 $304700 $869421 $280000 $280000 $]88880 $]88880 06 6"Cleanout EA 3 $47850 $143550 $210243 $112000 $336000 $42340 $127020 D] Trench Safef far Wasfewatertines LF 110 $2685 $295350 $421960 $56.00 $6160.00 $34.80 $382800 D8 Allowance far Unanticidated Wastewater Utili Wark LS 1 $150000 $150000 $150000 $150000 $150000 $150000 $150000Subtotal Part'D'Items D1-D8 $19 765.90 $23,881.28 $20,484.80 $21,167.80 BA SE BID-PARTE:FORENSICS BUILDING Metal Building including Overhead Dears,Fume Head,Ar Barnpre...r,and all Finishes and E1 Fixtures as Shawn LS 1 $209,000 00 $209,000 00 $461,101 11 $461,101 11 $389,249 28 $389 249 28 $629 964 00 $629 964 00 Subtotal Part'E'Item E1 $209 000.00 $461 101.11 $389,24-28 $629 964.00 BASE BID SUMMARY TOTAL BASE BID:PARTS A-E Parts A-E $48622273 $68582984 $79473852 $84699998 Total Base Bitl $486,222.7311 $685 829.84 $794 738.52 $846 999.98 PART F:ADDITIVE ALTERNATE N0.1er SECTION Ot 20 10 ALTERNATES AND ALLOWANCES F1 Forensics Buildin Slaban Grade Foundation Includin a ovation and select fill LS 1 $9179500 $9179500 $9344994 $9344994 $10140938 $10140938 $9978700 $9978700 Subtotal Part 711 F1 $91,795.0011 $93,449.941 $101,409.381 $99,787.00 PART G:ADDITIVE ALTERNATE NO.2 r SECTION 012010 ALTERNATES AND ALLOWANCES G1 Forensics Buildin Pier Su arfed Faundat en LS 1 $11000000 $11000000 $15307175 $15307175 $9676442 1 $9676442 $9887600 $9887600 Subtotal Part'G'Item G1 $110,000.0011 $153,071.751 $96,764.421 $98 876.00 TOTALAWARDED SCOPE OF WORK TOTAL BASE BID $486,222.73 $685,829.84 $794,738.52 $846,999.98 ADDITIVE ALTERNATE NO.1 $91,795.00 $93,449.94 $101,409.38 $99,787.00 ADDITIVE ALTERNATE NO.2 $110,000.00 $153,071.75 $96,764.42 $98,876.00 TOTAL BASE BID+LOWEST OF ADD.ALT.1 AND ADD.ALT.2 $578,017.73 $779,279.78 $891,502.94 $945,875.98 ` Bid withdrawn Bid deemed Fen resp.neve Page 1 11 SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of January 23, 2018 NORPOR p�EO jg52 Action Item for the City Council Meeting of January 30, 2018 DATE: January 10, 2018 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Andres Leal, Jr., P. E., Director of Street Operations andyl@cctexas.com (361) 826-1957 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Resolution Directing Use of$3.4 Million Dedicated to Residential Streets CAPTION: Resolution directing the City Manager to spend $3,400,000 for residential street reconstruction in accordance with Option No. 3 discussed at the December 19, 2017 City Council meeting. PURPOSE: This item seeks approval of a Resolution directing staff to use$3.4 Million for reconstruction of residential streets in Districts 1, 4 and 5. An update on the status of the Residential Street Rebuild Program Test Projects is also provided. BACKGROUND AND FINDINGS: In August 2016, Council approved a Resolution to proceed with two Residential Street Reconstruction Test Projects. The Test Projects were to provide information on current costs of residential street reconstruction work as well as design, scoping and construction requirements for a residential program. Two representative streets were selected: Ralston Street from South Staples to Alameda in District 2, and Rogerson Drive from McArdle to Sunnybrook in District 3. The streets were selected for reconstruction and rehabilitation respectively and were bid both concrete and asphalt. Ultimately, both streets became reconstruction projects after field inspections identified additional concerns with Rogerson. Design contracts for the Test Projects were awarded in December 2016, and the construction contracts were awarded in July 2017. Bids for both projects came in below budget with Rogerson Drive selected for concrete pavement and Ralston Street for hot mix asphalt concrete (HMAC). Construction started in September 2017. Rogerson Drive is a two-phase project. As of January 10, 2018, Phase 1 is complete with roadway, sidewalks and driveways complete on the 2800 block and pavement excavated down to the subgrade on the 4700 block. Ralston Avenue is an 8-phase project for which three phases are complete except for placement of hot mix asphalt concrete (HMAC). On September 26, 2017 during the Second Reading of the Ordinance adopting the Fiscal Year 2018 Operating Budget, City Council amended the budget to add $ 3,400,000 to the Residential Street Fund No. 1042 operating budget. On December 19, 2017 staff presented options for use of the funds. These options included: Option 1 - Leave the funds to grow in Fund 1042; Option 2 - Integrate the funds with the existing Bond 2016 Residential Rebuild Project; or Option 3 - Use the funds for reconstructing residential streets in Districts 1, 4 and 5. Staff recommended Option 3 which provides for repair of "worst first" streets in the three remaining Districts and is similar to the two Residential Street Rebuild Program (RSRP) Test Projects which reconstruct residential streets in Districts 2 and 3. This Option allows for residential reconstruction to begin in all areas citywide. Test Project bids, funded out of Fund 1042 in Fiscal 2017, were below budget. Resulting savings fell to Fund balance at the end of the fiscal year. As a result, there are sufficient funds available to allow the full $ 3.4 Million in Fiscal 2018 to be used for construction. Under Option 3, approximately 1 '/2 to 2 linear miles of residential streets could be reconstructed. ALTERNATIVES: 1. Approve the Resolution as proposed. (RECOMMENDED) 2. Approve the Resolution with modifications. 3. Do not approve the Resolution. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Resolution complies with City Charter's requirements for approval of resolutions. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Operations Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Fiscal Years Development Construction Option TOTALS 2017 -2018 Year One Line Item Budget Encumbered/Expended Amount Future Anticipated Expenditures BALANCE Fund(s): Residential Street Fund 1042, Bond Fund 3546 Comments: None. RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution approving Option 3 Presentation — Update on RSRP Test Projects Presentation— $3.4 Million Additional FY2018 Funding (12/19/17) Resolution 030938—Approving Moving Forward with Test Projects Resolution directing the City Manager to spend $3,400,000 for residential street reconstruction in accordance with Option No. 3 discussed at the December 19, 2017 City Council Meeting. WHEREAS, on September 26, 2017 during the second reading of the Ordinance adopting the Fiscal Year 2018 Operating Budget, the City Council voted to amend the budget to add $3,400,000 for residential streets, of which $2,900,000 would be added to Residential Street Fund No. 1042 and $500,000 would come from Bond 2008, Proposition 1, Fund No. 3546 Reserves; and WHEREAS, on December 19, 20177 City staff presented three options to City Council for using the $3,400,000 dollars appropriated for residential streets; and WHEREAS, on December 19, 2017, the City Council gave direction to return with an item approving Option No. 3 which calls for approximately 1.5 — 2.0 linear miles of residential street reconstruction located in Council Districts 1, 4 and 5 following the "worst first" criteria, among other criteria, for selecting the streets to be reconstructed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to spend $2,900,000 from Fund No. 1042, The Residential Street Fund, and $500,000 from Bond 2008, Proposition 1 Fund No. 3546, for construction costs to reconstruct residential streets located in City Council District Nos. 1, 4 & 5 in accordance with Option No. 3 as discussed at the December 19, 2017 City Council meeting. Non-construction costs are to be covered by the Fund 1042 fund balance. SECTION 2. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of 2018 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn ep�p v A 0, Rraamws'oaiwariaw Residential Street Rebuild Program (RSRP) Test Project Updates Rogerson Drive & Ralston Avenue r t Council Presentation January 23, 2018 RSRP Test Projects � PURPOSE 4y ➢ Obtain up-to-date pricing ➢ Better define design requirements ➢ Identify construction requirements Rogerson Drive � 4 ' iwiwvww. PROJECT SUMMARY " ➢ Rogerson Drive: McArdle Road to Sunnybrook Road ✓ Design: Freese & Nichols, Inc. ✓ Contractor: JE Construction ✓ 2 Blocks o Phase 1 — McArdle Road to Mansheim Road o Phase 2 — Mansheim Road to Sunnybrook Road ✓ Concrete Pavement ✓ Estimated Construction Period —3 Months ✓ Notice to Proceed (NTP) — Sep. 18, 2017 ✓ Expected Completion Date— Dec. 17, 2017 (Original) Mali. 2, 2018. (Iflevi d)* *A projected by Contractor 'd Rogerson Drive WORK STATUS E g a Rogersorf Drive Rogerson Drive Done Installed concrete pavement Removed driveway aprons • Installed 21 driveway aprons Excavated to subgrade • Installed 5'tied sidewalk both sides Started storm water line improvements • Installed 6"curb&gutter both sides • Improved surface flow drainage Pending Installation of small amount curb&gutter Installation of 20 driveway aprons • Installation of small amount sidewalk Installation of 5'tied sidewalks both sides • Apply sod behind sidewalks Installation of 6"curb&gutter both sides • Replacement of 1 inlet • Installation of 2 new inlets • Installation of 2 new manholes • Lowering of AT&T cable • Installation of concrete pavement Status ^° %C011,T11plete 15%0011 ipllete �tl Rogerson Drive � �} �y � 2r IN , BEFORE AFTER Rogerson Drive X�1`1111 Q\y\ w ,.i,�,ANG ....�✓�� i 4T e, +Ati iii` Nlm BEFORE AFTER c� Rogerson Drive / ;fi�/ /�'�/e��G 1���1��� � `��ifr� ,� �i r s✓ iiip/iii � "� 4V 1 wro N i4 Ralston Avenue II, y PROJECT SUMMARY M �� ➢ Ralston Avenue: Staples Street to Alameda Street ✓ Design: Urban Engineering ✓ Contractor: JE Construction ✓ 3 Blocks o Phase 1 thru 3—S. Staples to Swantner o Phase 4 thru 6—Swantner to Reid o Phase 7 thru 8—Reid to S. Alameda ✓ Hot Mix Asphalt Concrete (HMAC) Pavement ✓ Estimated Construction Period—5 Months ✓ Notice to Proceed— Sep. 18, 2017 ✓ Expected Completion Date— Feb. 15, 2018 (Original) *A projected by Contractor ��� Ralston Avenue' WORK STATUS v v v Ra lston Avenue Ralston Avenue Ra lston Avenue in 3 a vi �n vi Done Installed limestone base halfway Installed limestone base%block None • Completed concrete work Adjusted half of water service halfway lines ✓ 5'Tied sidewalk Completed concrete work%block ✓ 6"Curb&gutter ✓ 5'Tied sidewalk ✓ 9 Driveways ✓ 6"Curb • Installed new storm water pipe ✓ 17 Driveways • Adjusted water service lines Pending Mill existing pavement halfway Mill existing pavement halfway Mill existing pavement • Place limestone base halfway Place limestone base halfway Place limestone base • Install 5'Tied sidewalk halfway Install 5'Tied sidewalk halfway Install new storm sewer pipe • Install 6"Curb&gutter halfway Install 6"Curb&gutter halfway Perform concrete work • Install 11 Driveways Install 12 Driveways Adjust utilities(if needed) • Pave entire block Complete water service line Pave block adjustments • Pave entire block Status ^°40%Corri pllete %corri pllete %Conri pllete 9 Ralston Avenue �W j`Ilfl\1111Q\\y\���I� f e Vl �'��✓poi� r „ r 1 BEFORE AFTER 10 d Ralston Avenue IIIIy�I / rwn H �( BEFORE AFTER Ralston Avenue 12 Y �'. "kl"tPWWiWl iinvuw... Construction Issues CONTRACTOR Slow execution due to lack of experience • Inadequate resources for each project • Resources moved to other projects • Leadership turnover—Rogerson(4 Superintendents),Ralston(3 Superintendents) WEATHER Snow&excessive rain caused delays for additional pumping/draining&drying • Excessive rain required more"all weather"material for access to residences UTILITY Water lines too shallow to allow subgrade preparation;had to be lowered • AT&T cable had to be lowered before storm pipe could be installed CONSTRUCTION No offsite construction yard(s)—equipment&materials have to be stored on YARD project site PARKING Residents and contractors use same available offsite parking • �IIlW'l14����d�ry ar LESSONS LEARNED _ �m ISSUE WHAT HAPPENED IMPROVEMENT 1. Project Phasing Different phasing strategies caused significant differences in Establish protocol for execution project phasing 2. Schedule aggressive for Insufficient time for weather delays or utility conflicts Adjust construction seasonal conditions schedule for seasonal considerations 3. Increased Interactions w/residents more frequent Account for stakeholder Communications interaction time 4. Materials Storage No construction yard: Establish offsite yard ✓ Contractors and residents share same offsite parking ✓ Materials&equipment stored on site 5. Parking Contractors&residents share same offsite parking options Include a parking plan 6. Driveway Access All-time access to driveways&homes during wet weather not Adjust bid form to add pay included in bid form item for accessibility Specify temporary material to be used 7. Utility Service Lines Additional time needed because of unexpected water service line Improve estimates of adjustments service line adjustments 8. Bid Package Size Insufficient Contractor resource capacity&ability to execute project Consider bundling bid packages RSRP Test Projects � TIMELINE* Q Z D D UJ Q Z D D (A < 0 D s ROGERSON&RALSTON(Test Projects) PYe(li5 rrsg Bid n I OIDAY *As projected by Contractor ' N 1, RSRP Test Projects 1111! Ml! Discussion �r -fit �l N -t v V �IF,"4� �/ fiy �i8G0{IQVI{WfifliYM 0014000Mr �AN. wEw,. Corpus Chr'sti Engineering " 1(i G�tiY 4F'C Z L �emwarr�waeri�rar r.cawe 404,4 IV , Residential Street Rebuild Program (RSRP) $3.4 Million Additional FY2018 Funding r t� Council Presentation December 19, 2017 Residential Street Rebuild Program(RSRP) Motion to Amend FY18 Budget by $3.4M �� . ➢ September 26, 2017 — Second Reading Ordinance Adopting Fiscal Year 2018 Operating Budget Motion amending the proposed FY2017-2018 City of Corpus Christi Budget by transferring funds as provided in the document titled'Potential Funding Sources for Residential Streets", and reserve appropriations in the amount of$261,000 to the Residential Street Fund 1042 for a total amount of$3,400,000. 2 Residential Street Rebuild Program(RSRP) � Options for Additional $3.4M �IIIIIyII ,_ _ 4h iwnxw nxw lull) VIII OlV 0N OR 011 Illli. u Ilii i i uiuu uuuuui Il�uuui ui Il�uuuuui uullll cull uu Il�uuuuui uiuu uuuuu ✓ Will support larger program ✓ Incorporate into Work Plan ✓ Some effort on"Worst First" ✓ More streets repaired at one ✓Adds—2.3 Linear Miles ✓ —1.5 Linear Miles(@$125/SY) time ✓ Cost savings with larger scope ✓ Adds—0.5 Linear Mile to each ✓ —0.5 Linear Mile for Districts 1, District 4&5 o Test Projects in Districts 2&3 ✓ Use of funds not immediate ✓ Not"Worst First"-Rehab ✓ Costs for AE design 3 Residential Street Rebuild Program(RSRP) Recommendations IIIIIyII . ➢ Option 3 - FUND RESIDENTIAL RECONSTRUCTION Allows for residential reconstruction to begin in all areas citywide. d f twp�� N RECOMMENDATION-OPTION 3 $3.4 Million Additional Funds ➢ Two Test Projects ✓ Fund 1042-Residential Street Reconstruction ✓ Bids Below Project Budget ✓ Savings to Fund Balance ➢ Fund 1042 - Sufficient Funds ✓ Cover Administration&Design for Option 3 ✓ Estimated Cost-$680,000 ➢ Allows $ 3.4 Million for Construction RECOMMENDATION-OPTION 3 �III District Distribution u Ilu iulllllu����ullllulll�llllllllllilllllllllll II Illlllllllilllulllll Illlu DISTRICTS DISTRIBUTED BY"NEED" ALLOCATION District 1,0tall1 Rest¢ entrap/ fees./p1 oca11 PCI %ofl n ta111 %of Proportion Funding Nett oii ll< h,.ocalll 5 Need Need of 58% Allocation „cur�r.errt 1VeE"d„ 1 5„1.91.„121 1„3013„734 1.„411.„0597 13`35 23% 40% $11.„333„3715 2 3,6 7''5„01.3 7„273„91.3 1,481.,3315 74% 3 3„201„3013 7„01013„1.74 1,0139„'533 1.3`x!5 4 4„523„0133 1„701.„1533 1.„273„1.013 20% 201% 34% $1„1.'72„31.3 5 3„393„0121. 7„3013„333 334„31.3 1.!5!5 1.5% 26% $ 873,31.0 Total 201„3''5 4,267 1.7„1.63„343 01„2001„05017 1.00% 58% 110000% $3,30000,000000 6 f twp�� RECOMMENDATION—OPTION 3 � Proposed Schedule 4y nxw 2017 2018 2019 TASK O N D J F M A M J J A S O N D J F M Motion of Direction Award Amendment to Hanson Advertise for Construction Bids Construction Starts H Residential Street Rebuild Program (RSRP) �a �r Discussion 9TEIT Corpus Ch 'stl A�°ryewmOt Engineering w=� Resolution authorizing the City Manager or designee to proceed with the Residential Street Reconstruction Test Project to gather pricing and scoping information in order to develop a Residential Street Reconstruction Program. WHEREAS, in October 2015, City Council created the Ad Hoc Residential Street Infrastructure Advisory Committee to evaluate and provide recommendations for a Residential Street Reconstruction Program; WHEREAS, the Ad Hoc Residential Street Infrastructure Advisory Committee presented its final report to City Council in June 2016 that included several recommendations; WHEREAS, Staff has been working to develop a Residential Street Reconstruction Program and has identified several areas that support the idea of doing one or more test projects to better define the scope and costs of the program; WHEREAS, Staff has identified two street sections as representative test projects because the sections represent some of the worst residential street sections in the city and each section has different characteristics and conditions; WHEREAS, Staff will use the information from the test projects and the recommendations from the Ad Hoc Residential Street Infrastructure Advisory Committee to further develop the Residential Street Reconstruction Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to proceed with the Residential Street Reconstruction Test Project by reconstructing Ralston Street, from South Staples Street to Alameda Street, and Rogerson Drive, from McArdle Road to Sunnybrook Road. SECTION 2. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTESTCORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 3 INDEXED Corpus Christi, Texas 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas L.0 Lucy Rubio Mark Scott Carolyn Vaughn AL SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 23, 2018 DATE: January 12, 2018 TO: Margie C. Rose, City Manager FROM: Sylvia Carrillo-Trevino, Assistant City Manager SylviaCa@cctexas.com (361) 826-3189 Nueces County Appraisal District (NCAD) Presentation STAFF PRESENTER(S): Name Title/Position Department 1. Sylvia Carrillo-Trevino Assistant City Manager 2. Eddie Houlihan Director Office of Management and Budget 3. Constance P. Sanchez Director Finance OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Ronnie Canales Chief Appraiser Nueces County Appraisal District 2. Tom Wheat Attorney Nueces County Appraisal District BACKGROUND : At the January 9, 2018 City Council meeting, Council Member Greg Smith asked for a presentation from the Nueces County Appraisal District regarding an update on projected assessed values for Valero and Flint Hills. He also asked for City staff to present the potential financial impact to the City of Corpus Christi regarding any decreases in values. SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 23, 2017 DATE: January 12, 2018 TO: Mayor and City Council FROM: Margie Rose, City Manager MargieR@cctexas.com Corpus Christi Fire Department Staffing Update STAFF PRESENTER(S): Name Title/Position Department 1. Margie Rose City Manager City Manager 2. Sylvia Carillo-Trevino Assistant City Manager City Manager 3. Eddie Houlihan Director Management and Budget 4. Robert Rocha Chief Fire Department BACKGROUND: The purpose of this item is to continue the conversation requested by Council, regarding Fire Department Staffing. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Fire Department Staffing Corpus Christi Fire Department Staffing Update January 23, 2018 V Background During the December 12, 2017 City Council meeting, direction was given to the City Manager to consider the following Fire Department staffing options: • 5 per year for 3 years also known as 5/5/5 • 9 in year 1, 3 in years 2, and 3 in year 3, also known as 9/3/3 • Alternate Option: 6 in year 1, 5 in year 2, 4 in year 3, also known as 6/5/4 N , Existing Obligations • Collective Bargaining Agreement (CBA) • 3% wage increase & $300 per year increase for Certified Paramedic in Fiscal 2018-2019 per current Agreement • 4% wage increase in Fiscal 2019-2020 per current Agreement • Increased Healthcare Costs • Increases in healthcare costs outpace increases in premiums :u ` / N Additional Staffing 5/5/5 Plan 5/5/5 Plan Yr 1 $ 550,723 $ 550,723 Yr 2 $ 580,804 $ 568,233 $ 1,149,037 Yr 3 $ 619,310 $ 603,095 $ 590,041 $ 1,812,446 5 5 5 15 1 Fire Captain I 1 Fire Captain 1 Fire Captain 3 Fire Captains 1 Fire Engineer I I 1 Fire Engineer I I 1 Fire Engineer I I 3 Fire Engineers 3 Fire Fighters I I 3 Fire Fighters I I 3 Fire Fighters I 9 Fire Fighters �tl Po-ten-tial Budgetary Impact 5/5/5 Plan 5/5/5 Plan FY 18-19 FY 19-20 FY 20-21 Yr 1 Yr2 Yr3 Revenue Options: Increase Needed from the General Fund $ 550,723 $ 1,149,037 $ 1,812,446 User Fee Increase* TASPP Dedicated Funds** Total Revenue $ 550,723 $ 1,149,037 $ 1,812,446 Expenses Reduction of Service in the General Fund $ 550,723 $ 1,149,037 $ 1,812,446 Total Expenses $ 550,723 $ 1,149,037 $ 1,812,446 *Requires Council Approval **Requires Annual Congressional Appropriation Additional Staffing 9/3/3 Plan 9/3/3 Plan Yr 1 $ 997,587 $ 997,587 Yr 2 $ 1,051,566 $ 332,662 $ 1,384,228 Yr 3 $ 1,065,579 $ 352,939 $ 355,902 $ 1,774,420 9 3 3 15 2 Fire Captains 1 Fire Captain 3 Fire Captains 2 Engineer I I 1 Engineer I I I 3 Fire Engineers 5 Fire Fighters 2 Fire Fighters 2 Fire Fighters 9 Fire Fighters (i " A Po-ten-tial Budgetary Impact 9/3/3 Plan 9/3/3 Plan FY 18-19 FY 19-20 FY 20-21 Yr 1 Yr2 Yr3 Revenue Options: Increase Needed from the General Fund $ 997,587 $ 1,384,228 $ 1,774,420 User Fee Increase* TASPP Dedicated Funds** Total Revenue $ 997,587 $ 1,384,228 $ 1,774,420 Expenses Reduction of Service in the General Fund $ 997,587 $ 1,384,228 $ 1,774,420 Total Expenses $ 997,587 $ 1,384,228 $ 1,774,420 *Requires Council Approval **Requires Annual Congressional Appropriation Additional Staffing 6/5/4 Plan 6/5/4 Plan Yr 1 $717,434 $717,434 Yr 2 $752,038 $535,869 $1,287,907 Yr 3 $761,380 $571,266 $445,103 $1,777,749 6 5 4 15 3 Captains 3 Captains 3 Fire Engineers I I I I I 3 Fire Engineers 5 Fire Fighters 4 Fire Fighters 9 Fire Fighters w=� d Potential Budgetary Impact 6/5/4 Plan 6/5/4 Plan FY 18-19 FY 19-20 FY 20-21 Yr 1 Yr2 Yr3 Revenue Options: Increase Needed from the General Fund $717,434 $1,287,907 $1,777,749 User Fee Increase* TASPP Dedicated Funds** Total Revenue $717,434 $1,287,907 $1,777,749 Expenses Reduction of Service in the General Fund $717,434 $1,287,907 $1,777,749 Total Expenses $717,434 $1,287,907 $1,777,749 *Requires Council Approval **Requires Annual Congressional Appropriation 9 _ Options Summary FY 18-19 5550.723 5997,567 5717,434 FY 19-20 51,149.037 51.384.228 51.287,907 FY 20-21 51,812.446 $1,774,420 51,777,749 iocai 53,512.206 S4.156.135 53.783,090 Proposed Revenues* 1111111 IIIIIIIII I r IIIIIIIIIIII Ilii. .� (III � (IIIIIIIII II I Ilii. .� � IIIIIIIII I IIrIIIIIIIIIIIIIIIIIIIV Ilii. .� ul�ul uuuullluuu�uu17u u�ul luuu�u uuuu ulu iuu uuu uul iu�uul uuuuul uuul uullllll�uu uuuu uul lu�ul uu uuuuuu uul uuuuul uuul ulu iuu uuu uul iu�uul uuuuul uuuul Texas Ambulance Supplemental $1,677,383*** $2,012,860 $2,012,860 Payment Program Increased User Fees**** $3,298,117 $3,429,903 $3,429,903 • *As per Fire DepartmentAdministration.Current revenue projections include improved efficiency of Intermedix, the new billing company. • **Requires Annual Congressional Appropriation • ***10 Month Participation • ****Requires Council Approval 1 1. Potential Reductions from the General Fund • Contracting Out other General Fund Services • Partnerships with other Agencies (County, State, TAMUCC, other area cities) • Reduction of Services 12 S Year Revenue History Ss7.17,1700,1700.170 5 Year Revenue History $x;,000,000.00 $4,000,000.00 S>�,I�I�o,000.00 Ss(2,000,000.00) Ss(4,000,000.00) 207.3-2.07.4(7.4. 2.(77.2:2.(77. month} 2014 2015 2.(77..`r-2.(77.0 2.(77.0.2.(77.7 2.(77.7-2.(77. YT C? Budget $5,765,2.72_00 $7,787.,797._00 $6,665,972_00 $6,660,472_00 $6,639,772_00 $6,57.0,772_00 111111111 Actuals $7,02.3,607._48 $7,597,256.45 $56,785,957.67 $6,079,505.06 $5,2.57,7.00.67.. $7.,47.5,762.63 IIIII Variance $7..,2.58,52.9.48 $S(7..84,554,55) $1...1...9,985.67 $(587..,7.68.94) $(7..,5732,677...59) $(5,095,009.57) Budget vs Actual - A 5 Year History IFfire Department 5 Year Budget IHistory $70,Or7Q7,Or7r7 $60,000,000 $50,000,000 $40,000,000 $:70,000,000 $10,000,000 $7.0,000,000 1.07.1.-107.5 107.5-1.07.1 107.1-1.07.5 1.07.r-1.(77..6 1(77..6-1.(77..7 4 Budget $47,556,957 $57,483,387 $51,047,628 $53,296,747 296,747 $54,842,862 IIIIIIIII Actual $47,649,461... $55,896,627 $49,898,661... $54,62.2,867 $54,81...8,244 *Unaudited 1�tl QUESTIONS? SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 23, 2018 DATE: December 19, 2017 TO: Margie C. Rose, MPA, City Manager FROM: Annette Rodriguez, MPH, Director of Public Health annetter@cctexas.com 361-826-7205 CC: William Milan Uhlarik, MBA, ARM, Assistant Director of Public Health williamu2@cctexas.com 361-826-1348 Preserving the Historical Vital Records of the City of Corpus Christi STAFF PRESENTER(S): Name Title/Position Department 1. Annette Rodriguez, MPH Director of Public Health Health 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: For the past several years, the Corpus Christi-Nueces County Public Health District (CCNCPHD) has been identifying the significant need to protect and preserve the paper vital records of the City of Corpus Christi from damage and loss by digitizing them, and making them electronically searchable in order to improve greatly the operational efficiency of issuing birth and death certificates to customers who on a daily basis come to the CCNCPHD Vital Statistics Division to request them. Over the years the CCNCPHD has also been discussing a solution for satisfying its requirement of preserving our Vital Statistics and improving operation efficiency by digitizing them. The CCNCPHD asked the company that Department of State Health Services (DSHS) utilized for their Vital Statistics for proposal to undertake such a project because they have a proven track record in the field. They also have a contract with the Texas Buy Board Purchasing Cooperative as a vendor for providing vital records digitizing and retention services. This company offers an effective and sustainable solution for the current vulnerabilities of Vital Statistics better known as Vital Records Office (VRO) and issuing practices by converting the records to digital versions and providing a secure, automated system for issuing state-law-compliant birth and death certificates. Since the CCNCPHD Director of Public Health is also the designated City's Statistics Records Registrar under Texas law is responsible for archiving and formally issuing certified copies of birth and death records which date from the late 1800s to the present; the CCNCPHD recommends that action be taken as soon as possible to digitize the records of Vital Statistics lest they be lost or damaged. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Preserving the Birth and Death Records for City of Corpus Christi r Ribliac Health u.x.»M1 arsrwat. „urk.:. Preserving the Birth and Death Records of the City of Corpus Christi by Annette Rodriguez, MPH, Director of Public Health Council Presentation January 23, 2018 p Presentation Format Riblsc Health 1 ) Introduction 2) Vital Statistics Background 3) Proposed Strategy 4) Estimated Pricing 8, Costs 5) Additional Considerations 2 1) Introduction IV Riblsc Heralth 111-1 12001 - State allowed local jurisdictions to charge an additional $1 per certificate issued to be used in preservation efforts of the birth and death records. The Department of State Health Services (DSHS) started digitizing all birth and death records at that time. 2006 - CCNCPHD Looked into the cost of digitizing birth and death records and found we did not have enough funds collected in the coffers. Had ca. $72,000 at that time, cost was approximately $1 M+. Fast forward to 2019 - New program "TxEver" will be implemented by DSHS and local offices will have access to all birth and death records that the State of Texas has digitized. This includes those "local" records imaged by DSHS from 2001 to the present. Our local office still has birth and death documents from prior to 2001 that have not been digitized. :u 2) Vital Statistics Background P�b�eHealth 111-1111-1-1,11-1-A $ Vital statistics are not only valuable historical assets, they provide over $400,000 revenue to the City of Corpus Christi from the certificates issued annually. Every year there is an average of 6,300 births and 3,000 deaths. Birth certificates, death certificates, name changes, proof of paternity or other amendments are requested. These records are kept at the Health District. $ An estimated 80,000 records from the late 1800s to 1954 are in bound volumes and require special cutting from the book for processing and then rebinding after conversion. The proposal discussed today, does not addressed preservation of these records. $ The records we are looking to image would be from 1955 to 2000, approximately 45 years of records. �d 3) Proposed Strategy Riblsc Health Because of the significant costs of overall conversion needs $1 M+, the CCNCPHD was considering a 4 year proposal of approximate 550,000 records. Year 1: 1. Onsite conversion scanning infrastructure 2. Onsite conversion of the first - 100,000 records Years 2 - 4: Conversion of approximately 450,000 remaining records with accurate placement in the new automated archiving system for secure search, retrieval and certificate issuance as needed. 4)Estimated Pricing and Costs (4 Year Project) PobU cHealth uuuiiiiil pi i p uuu�uui uuu uuu�uui uuuii uuu�uui Vuuii uuuyuu a puuuiui ugipu IIIIIIII�IVi�a uuuuuuuuuiuuiillp II uuul uu um„„.,. uuumuuuuuu lieu ui uiiumimV IIIIIIIII IIIIVIIII ui uiiumimV umium IIIIVIIII ui uiiumimV uum uum uuuuuu�uum a Iluuuu uuu uuuuuuuuul No. of Records Converted: 100,000 150,000 150,000 150,000 550,000 Price per Record: $1.75 $1.75 $1.75 $1.75 Records Conversion Cost: $175,000 $262,500 $262,500 $262,500 $962,500 Technical Programming Cost: $100,000 $25,000 $25,000 $25,000 $175,000 Total Cost: $275,000 $287,500 $287,500 $287,500 $1,137,500 6 4)Estimated Pricing and Costs IV (4 Year Project) continued.... Riblsc Health 11 uuuyuu I qpl uuuyuu ul uuuyuu ul uuu�llul uuu puuulu uuuuuuuuuuuuuuuuuulpul uu�uuuuuuuupiiuiiiiiiii IIIV :„er .m .im ii m.. (IIIIIIIIII (III VIII IIIIIIIIIII IIIIII���d� IIIIIIIIII IIIIIIII IIIIII VIII 1111111 IIIIIIIIII IIIIIIII IIIIII VIII (IIIIIIII IIIIIIIIII IIIIIIII IIIIII VIII 111111 IIIIIIIIII III IIIIIIIIIIIIIII VIII IIIIIIIIIII 1111111 IIIIIIIIIIIIIIIIII6����� Grant Total Cost: $275,000 $287,500 $287,500 $287,500 $1,137,500 Actual Available Funding: (346,072) (91,072) Estimated Funding Collected from Fees: ($20,000) ($20,000) ($20,000) ($20,000) ($80,000) Est. Funding Shortage/ (Surplus): ($91,072) $176,428 $267,500 $267,500 $620,356 5) Additional Considerations �H :Z 2019 TxEver Program; no longer need to image documents from 2001 to the present. :Z Conducting an in-house study to see frequency of records accessed from 1955 to year 2000. :Z Researching Laserfiche as a viable option. :Z Re-evaluate options for preservation of these records. w]� Riblsc Health QUESTIONS? SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 23, 2018 DATE: January 11, 2018 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste lawm@cctexas.com 361-826-1972 The Municipal Solid Waste System Service Charge (MSW Charge) STAFF PRESENTER(S): Name Title/Position Department 1. Lawrence Mikolajczyk Director Solid Waste 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: Update on the MSW Charge since Development Services began a new process of collecting the MSW Charge at the time the permit is issued. LIST OF SUPPORTING DOCUMENTS: PowerPoint— MSW Charge Update i . The Municipal Solid Waste System Service Charge (MSW Charge) Council Presentation January 23, 2018 Background 0 • The charge was adopted by City Council in 2001, by Ordinance No. 024527 • It is designed to cover costs incurred as a result of the generation of solid waste by businesses, industry and residents • Fees are used to support street maintenance, future landfill maintenance, compliance and education programs a Other Citiesmmr. Other cities in Texas charge franchise fees to private commercial haulers • Irving - 5% on gross revenues • Houston - 4% on gross revenues El Paso charges a Residential Franchise Fee • $1.17 per month per house • Generates approx. $2,470,000 per year for the General Fund :u N MSW Charge (t�g�u�BLo�7 On October 9, 2017, Development Services began collecting the MSW charge at the time a permit was issued for Roofing, Demolition, New Residential and New Commercial dwellings. Since the implementation of the MSW charge to the permit process, the City has collected $394,661.45 �d Permit Comparison 2016 vs. 2017 e5n 554 K:, rD; 570 4, 4, S,r 0 305 00 lin 260 200 1714 141 116 ) &1 $1 96 S 71 76 i, 46 SS NN 61 57 61 SS 55 64 19 48 66 ,1 29�23 �� 20 ,2511 2 :f0 94p�(� 24 22 23 L 2 48 25 2g 5640 A7,6L 34 7 14 91.4 9 16 18617 X21 y0 ® �}121112 13 1r2' l7 22 19 12 'lb 1$ X1111 �i vu isl,:tI mmi nd_II�P ®ON I "I �, A �Illl,� .iur ®� � I1U69� wul�d8g82 m4I���o�N�l 2 54 � NC �f111,5 pum Aq-16 Aug-17 .Sens-]6 Sep-17 Ort-15 00-1.7 Nov 1.8 Nov-1 Der-1E Dec-].7 19 Additions and Glernodeling Corm 9,Ac ians6nd RemodelingRes 1111[7emolltion ':Mobile Homes ua New Conrrrrercial In New Residential ®Hesand Corn Roof, VSl7,ns o Roofing Permits 2016 vs. 2017 e s i 0 e n t i a a n 0 C.2 m m e r c i a R q q f s. 8 850 34 800 750 700 650 600 570 550 500 450 400 350 305 300 260 250 184 200 141 1 50 116 VIII 100 55 29 13 50 0 Aug Selp 0 c,t Nov Dec 1111111111112 G0::16 111111111112 G0::1.7 1 F Questions? se w �a 0 H v /rypOBPOFPEO AGENDA MEMORANDUM 1852 City Council Meeting of January 23, 2018 DATE: January 9, 2018 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager Keith Se cctexas.com 361-826-3898 Bayfront Master Plan STAFF PRESENTER(S): Name Title/Position Department 1. Keith Selman Assistant City Manager Executive 2. Dan McGinn Director ESI/Planning BACKGROUND: A comprehensive history of action, presentations, and activities related to the Bayfront Development and Shoreline Road north of Cooper's Alley. The temporary opening during the holidays has provided a window to garner some insight of driver demand. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Bayfront Master Plan Bayfront Master Plan cuqpius C�hr�sb� �� X Clity Couiincd1 II:'a li fli iin 1/23/18 Bayfront Timeline (Phase 3: Area) 2008 to 2018: • 2008(November)2008 Bond Election(approving phase 3-road realignment and park improvements) • 2009 Coliseum RFP—Round 2—Brass Development(No Action-ceases Nov.2009) • 2009(November)City Council takes action to demolish the Coliseum • 2009(November)-Destination Bayfront Concept Introduced to City Council • 2010(June)—Coliseum Demolished • 2010(May)—HDR selected to design Phase 3 • 2010-City Council approves resolution of support for Destination Bayfront • 2011(December) -Heargreaves&Associates selected as design team for Destination Bayfront concept. • 2010-2013—Multiple Design concepts for Shoreline realignment and Park Area considered. • 2013 (August) -Bay Ltd.awarded phase 3 construction • 2013(November) -Destination Bayfront Defeated • 2014(January)-City Council Presentation(Where do we go from here?) • 201S(February) Phase 3 of Shoreline opens • 2016(March) Phase 3(Bond 2008)Park Improvements approved(Design/Build) • 2016(May) Phase 3 Park Improvement(Stakeholder meeting) • 2018 Phase 3 Park Improvements Completed 2 Bond 2008 Ballot Language (Proposition No. 7) PROPOSITION N.7 BAYFRONT MASTER PLAN PROJECT FOR AGAINST Shall the City Council of the City of Corpus Christi,Texas,be authorized to issue, in accordance with law at the time of issuance„the public securities of the City,in one or more series or issues,in the aggregate principal amount of$1.3,000,000.00 with the public securities of each such series or issues„respectively„to mature serially or otherwise within not to exceed forty years from their date, and to he sold at such prices and bear interest at such rates,as shall be determined within the discretion of the City Council,far the acquisition of land and the construction of perinanent public improvements for the Bayfront Development Plan,including, without limitation, constructing, reconstructing, restructuring and extending the streets,thoroughfares,sidewalks,streetscapes,collectors,and storm drains along Shoreline 'Drive, developing parks and recreational, facilities along Shoreline Drive,and related public improvements,;,INCLUDING: *BAYFRONT DEVELOPMENT PLAN PHASE 3, *AND OTHER BAYFRONTIMPROVEMENTS; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? 3 Bond 2008Pro osition No. 7 � p The following BOND 2008 RECOMMENDED BAYFRONT MASTER PLAN PROJECT PROPOSITION SEVEN: description was SEO# PROJECT VALUE provided in the 59 Bayfront Development Plan Phase 3 S 13,000,000 supplemental The Bayfront Imp iemerrttation Pian piovlde>for the relocation of traffic lavers information provided iNand away frrrrn the water. The irealignment will begin near Coopers Alley and continue south until they merge back to the current Shoreflne alignment to the public. sout➢a of McNee Beach m the vicinity of Furman and Buford. The realignment wwiPl reduce the number of traffic lanes frovrn tyre curMnt three lane's in each direction to two lanes in each direction_ This phase of work rr�� provides ca Gage pedestrian area(Bayshore Park)strongly connected to the BOND LI L� p water, McGee Beach and the Coopers, Alley L.-Head. The realignment could incVuda.,: Improved access to water features Such as the Seawail FINAL �tep�s, beach and manna without cru �ing multipre lames of traffic, A large public space for corrrraacuaaty events}, concerts festivals and other special events, PubOic amenities and the necessary utility connections and lighting PROJECT to support such events. LIST TOTAL PROPOSITION SEVEN-BAYFRONT MASTER PLAN PACKAGE $ 13,000,000 /tl ; Bayfront Master Plan • Adopted July 27th, 2004 by Ordinance 025880 • Phase 1 approved in Bond 2004(Completed April 2010) Zone Shoreline Waterfront r � hood Parks �x x� � Drive and Nei hbor r Zone C ' r South Bayfront i Memorial ParkAwl. 2004 Zone A Zone D North Bayfront Park Enhanced Marina Bayfront Master Plan (Media Reports) rr Media reports following J I,, ��� ���� � � approval of the Bayfront ��,�i � �� ' .� f' � master plan in 2004 showing f /// j/ � �e„ ne the realignment of Shorelinesign boulevard. ,flay ��/r; �.ro%YN fY r IfWwt�yiar tiu mwxirWtttJ.i 9unaN+urnrRp' ;; m� /�o'r i r YrWNi�Clii�n � Ofrnu UVi^rs�a YuikU4Fu Y r I��r'�� �� YJ J ur°w 8� � � ,w w* J�/ ' r.1�iJr✓i �, r r aJ �'. l �� a I7GrA/✓rJ�/ J � i i; (i Shoreline Realignment -Phase 3 Approved Bayfront master plan i0i " highlighting the phase 3 section. �w �r 1� May 18th, 2010 City Council presentation � � T awarding design contract to HDR. �. � � uu �i'po1,JJJY9 Shoreline Realignment Options Corpus Chr`sti Engineering 1/21/14........ Cli"ty Couunddl III ii sii li ii IV IV iiM d qp'bun 1 , IV B III::...)es'b'inatanVate, N�n Increase the size of this median(due to AEP bank and Shift the median to the west between vaults in the current median location)and move the single the north bound and south bound north bound lane to the east(water)side and combine it with lanes. There will still be two lanes in the other NB lane. There will still be two lanes in each each direction.No left turns would be direction.This would require additional space from the park allowed from the private property. (12 ft or about%acre). Additionally,there would be no left turns allowed from or to Broadway&Born or any private driveway . • Option 1:Median shift and removal of back in parking.(:01 mlz) (Approved 1/21/14) • Option 2:Median shift and keep both back in parking aisles.(:01 $50K) 8 Bayfront Master Plan, Ph 3- Park Corpus Chr stip Exhibit also used 0a ShQmef"aI'�C in March 2015 �� 7ri�";� //�� �� �rl (✓7ri l l�'�' '� �r rrc fi�'�IV i,o j �� City COUIICIl presentation concerning all �i � � � 0� t rm ��j 1 � ✓�✓� p �� (( � Ir MIS' � J i i'`�i ''✓e'r,� ///t% �� i� m update on PN 3. Pl�uv9yirs" Restrooms y r u i r '"G✓��r i� rr/l,ii '� i/ri �% � /�j l'f% �, r «� ��1 � r"rk�i' ���tjJl��' d i� t�� m f r rNui���d ., r pr r ,,. r � m�mmommuitinrwwm�mmuotiuoa��m CanverSion of SMoreliroe, J �) » C nA ChA n r ry Yn R n p P*� nC fiir.l Perk PI,1 28&35 J Proposed Conceptual Plan i�V ua,SOrOUdd Award (FUH:M) f0ir BayfiroW Park -Mairclln2016) CorpuaEngihr ing :;34�I41 YVd L�'�Y�'[=1Tf]PJS I'fM1IiIC.,f'.1'fV YWf 4..}N 10`L F?3 t"'„M 1[iIH�G 10?:X,'aC�: PROPOSED CONCEPTUAL RMASTER.PLAN UUWII010UVI,00MIImIMUIImIIullumiw ^, ��_ IWC SII SHIP II � 1 liIIIIIIIIIIIIIIIIIH .m. � M Ogg M SO������ owl IIIIIII �I��II� � I 10 Phase 3 Park Improvements- Stakeholder outreach Bayshore Park Stakeholder Meeting-May 3,2016-Corpus Christi Art Center. • 31 guests attended the stakeholder meeting. • Project team representatives from the City of Corpus Christi,Gignac Architects,Sasaki,and Olivarri&Associates. • Project funding:$5 million from the Bond 2008 program. Summary of Public Comments: Access on Old Shoreline • Parts of Old Shoreline should be open for emergency access to the Marina,Seawall,and McGee Beach — Note that the plan provides for leaving Old Shoreline open for emergency access,food truck access,runners,etc. • Art Center and boat yard would benefit from additional access from Old Shoreline for deliveries or parking Parking • Fixing existing parking and adding more parking are both very high priorities with the entire group • Already not enough parking,but with new developments there will be increased needs,need to plan for that Bike Infrastructure • Bike share infrastructure may be needed at the park(maybe near where restrooms would be) Sidewalks/Connectivity • Need a continuation of the sidewalk or a crosswalk from Sherrill Park to the Art Center,as it is you have to walk up to Shoreline or down to Old Shoreline to cross.(Needs to be ADA compliant) Lighting • Additional lighting considered to be high priority by group Prioritization Activity- A majority of the group ranked fixing existing parking lots and adding additional parking as a very important priority 1 1. Bollard Installation • Bollard Installation at Coopers Alley area (2015) —Bay Ltd. (Installation occurs before design options are considered for the park area). . 12 Traffic Count Data (Old)Shoreline Drive Traffic Count Data (Dec 14-Jan4) Weekday Average Weekend Average Location Daily Traffic Count Daily Traffic Count (Old)Shoreline at the Y 313 391 (Old)Shoreline North of Coopers Alley 211 260 (Old)Shoreline South of Coopers Alley 74 85 Next Steps • Engage impacted stakeholders to develop recommendations for the space.