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HomeMy WebLinkAboutAgenda Packet City Council - 08/13/2019City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, August 13, 2019 Addendums may be added on Friday. 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 Communication department at 361-826-3211 to coordinate. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Deacon Mark Arnold, Diocese of Corpus Christi. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Natalia Arredondo, Senior Call Center Representative/Trainer, Communication Department. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.19-1056 Proclamation declaring August 16, 2019, "Kiwanis Club of Corpus Christi 100th Anniversary". Proclamation declaring September 14, 2019, "Operation K.E.Y.S., Keeping Every Youth in School Day". Presentation of Honorary Citizen Certificates to 2019 Sister City Exchange Students. Recognition of the City of Corpus Christi as, "StormReady" from National Weather Service and the StormReady Advisory Board. F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: Page 1 City of Corpus Christi Printed on 8/12/2019 August 13, 2019City Council Meeting Agenda - Final-revised a.OTHER G.MINUTES: 2.19-1058 Regular Meetings of July 23, 2019 and July 30, 2019. H.BOARD & COMMITTEE APPOINTMENTS: 3.19-1057 Charter Review Ad Hoc Committee (1 vacancy) Corpus Christi B Corporation (1 vacancy) Corpus Christi Business and Job Development Corporation (1 vacancy) Mayor's Fitness Council (2 vacancies) Parking Advisory Committee (10 vacancies) Parks and Recreation Advisory Committee (6 vacancies) I.EXPLANATION OF COUNCIL ACTION: 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 Communication department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. 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. Page 2 City of Corpus Christi Printed on 8/12/2019 August 13, 2019City Council Meeting Agenda - Final-revised K.CONSENT AGENDA: (ITEMS 4 - 17) 4.19-0500 Ordinance of the City Council of the City Of Corpus Christi amending the franchise with AEP Texas Inc. to change compensation or consideration to be paid for use of the public rights-of-way; providing an effective date; providing for acceptance by AEP Texas Inc.; finding and determining that the meetings at which this ordinance was considered were open to the public and in accordance with Texas law. Sponsors:Legal Department 5.19-0529 Ordinance of the City Council of the City of Corpus Christi approving an additional tariff for the recovery of franchise fees not currently being recovered in base rates by AEP Texas Inc.; and finding and determining that the meetings at which this ordinance was considered were open to the public and in accordance with Texas law. Sponsors:Legal Department 6.19-0949 Zoning Case No. 0619-01: Mt. Olive Lutheran Church (Council District 5) Ordinance rezoning property at or near 5101 Saratoga Boulevard (State Highway 357) from the “RS-6” Single-Family 6 District to the “ON” Neighborhood Office District. Planning Commission and Staff recommend Approval. Sponsors:Development Services 7.19-1033 Ordinance abandoning and vacating a 4-foot wide by approximately 107-feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Dr. Sponsors:Development Services 8.19-0965 Ordinance authorizing the acceptance of a grant from the Office of the Attorney General for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,100.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,100.00 in the Police Grants Fund. Sponsors:Police Department 9.19-0943 Ordinance appropriating $77,350.00 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures by $77,350.00; and approving the purchase of four trailer-mounted portable air compressors from ROMCO Power Systems of Corpus Christi, Texas, via NJPA-Sourcewell Cooperative for a total amount not to exceed $77,350.00 funded from the Fleet Maintenance Service Fund. Sponsors:Gas Department and Contracts and Procurement 10.19-0740 Ordinance awarding a contract to Haas-Anderson Construction, LTD in the amount of $11,016,599.50 for construction of Ayers Street Pedestrian improvements and turn lane addition from South Padre Island Drive (SPID) Page 3 City of Corpus Christi Printed on 8/12/2019 August 13, 2019City Council Meeting Agenda - Final-revised to Gollihar Road for the base bid and additive alternate no. 1 with asphalt pavement; amending the FY2019 Capital Improvement Program Budget to support the use of Bond 2014 Proposition 1 funds, increase the budget, and funds are available in Bond 2014 Streets and various utility funds. Sponsors:Street Department and Engineering Services 11.19-1060 Resolution authorizing submittal of grant application in the amount of $175,175.00 for Edward Byrne Memorial Justice Assistance Grant (JAG) Program with funds to be distributed to the City of Corpus Christi in the amount of $80,918.00, Nueces County in the amount of $80,917.00 and the City of Robstown in the amount of $13,340.00; and authorizing Interlocal Agreements with Nueces County and City of Robstown for distribution of JAG program funds should the grant be awarded. Sponsors:Police Department 12.19-0945 Motion authorizing a three-year service agreement with Triple G Lawn Services in an amount not to exceed $96,000.00 for a three-year period, with term starting upon issuance of notice to proceed, for landscaping and grounds maintenance for seven police managed buildings funded through the General Fund. Sponsors:Police Department and Contracts and Procurement 13.19-0929 Motion authorizing five individual amendments to five service agreements for mowing and servicing of vacant properties with code violations in an amount not to exceed $11,250.00 each, and a revised value of each service agreement not to exceed $56,250.00 with Luz Alicia Sierra Leal dba Alicia's Lawn Service, Richard Herrera dba R.H. Const. & Mowing and Arnold Mendoza dba Pioneer Lawn Services, and CML Services, LLC, Joe Manuel Perez dba J.M. Perez and Grandsons LLC, with terms ending on June 30, 2020 funded through the General Fund and the Community Development Block Grant. Sponsors:Police Department and Contracts and Procurement 14.19-0922 Motion awarding a contract to Coast to Coast Construction, Inc., in the amount of $492,138.00 to replace damaged roofs, metal siding and upgrade lighting to energy efficient LED lighting at Woodsboro Pump Station and Bloomington Pump Station funded by Mary Rhodes Phase 2 reserves. Sponsors:Water Utilities Department and Engineering Services 15.19-1044 Motion authorizing the City Manager, or designee, to execute the Second Amendment to the Landfill Services Agreement with Cefe Landfill Texas, LP, to increase the fee paid to the contractor, add a definition for intermediate cover, remove language limiting the distance that the contractor will haul soil, and modify the termination date; for an estimated increase of $143,625 per month for 17 months. Sponsors:Solid Waste Operations Page 4 City of Corpus Christi Printed on 8/12/2019 August 13, 2019City Council Meeting Agenda - Final-revised 16.19-1046 Motion authorizing the City Manager, or designee, to execute the First Amendment to the Waste Disposal Agreement with BFI Waste Services of TX, LP, to modify the termination date, discount and the required annual tonnage; providing revenue to the City estimated at $267,100 per month for 17 months. Sponsors:Solid Waste Operations 17.19-0899 Motion authorizing a three-year service agreement for pest control services with Henry Garrett, dba G & G Pest Control of Beeville, Texas, for a total amount not to exceed $80,802.00 to be funded by Facility and Property Management Fund. Sponsors:Asset Management Department and Contracts and Procurement L.RECESS FOR LUNCH M.PUBLIC HEARINGS: (ITEM 18) 18.19-0999 Public Hearing and Resolution approving the Corpus Christi Crime Control District budget for the fiscal year beginning October 1, 2019 and ending September 30, 2020 with revenues of $7,540,031.00 and expenditures of $7,562,835.00 for 63 authorized Police sworn personnel and appropriating $7,562,835.00 in the Crime Control and Prevention District Fund. Sponsors:Police Department N.REGULAR AGENDA: (NONE) O.FIRST READING ORDINANCES: (ITEMS 19 - 22) 19.19-1017 Ordinance appropriating $42,402.94 from damage claims into General Fund to purchase a replacement Prisoner Transport Vehicle, replacement ATV and other police equipment. Sponsors:Police Department 20.19-0998 Ordinance authorizing an amendment of $10,916.00 to the Women, Infant and Children’s Nutrition Program (WIC) grant contract for a total contract amount of $868,850.00 for the period of October 1, 2018, through September 30, 2019, and authorizing a contract amendment of $868,850.00 for the period of October 1, 2019, through September 30, 2020, from the Health and Human Services Commission, and authorizing a staff complement of 21 positions . Sponsors:Health Department 21.19-1027 Ordinance authorizing a Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Yasin Investment LLC to extend a line south of Whitecap Boulevard, along Palmira Avenue for a commercial development for which the anchor store is IGA; appropriating Page 5 City of Corpus Christi Printed on 8/12/2019 August 13, 2019City Council Meeting Agenda - Final-revised $899,786.39 from the Wastewater Trunk System Trust Fund to reimburse developer. Sponsors:Development Services 22.19-1088 Ordinance authorizing the City Manager to execute the Second Amendment to the Raw Water Supply Contract with the San Patricio Municipal Water District (SPMWD) to provide an additional 5,600 acre-feet of raw water per calendar year for SPMWD to provide to its designated customer developing in San Patricio County; increasing the SPMWD Raw Water Supply Contract from 41,200 acre-feet to a total of 46,800 acre-feet per calendar year. Sponsors:Water Utilities Department P.ADDENDUM ITEMS: (ITEMS 23 - 25) 23.19-1107 Ordinance authorizing a four-month service agreement for the purchase of hardware, software, licensing, and professional services from Area Electronics Systems, Inc. dba DataON Storage for $782,734.00 for the datacenter remediation; appropriating $782,734.00 from the unreserved fund balance in the Liability and Employee Benefits - General Liability Fund; transferring to the IT Fund; and amending the FY 2018-2019 Operating Budget adopted by Ordinance No. 031548 funded through the Liability and Employee Benefits - General Liability Fund. Sponsors:Information Technology Services and Contracts and Procurement 24.19-1152 Motion to set the public hearing for the City of Corpus Christi Fiscal Year 2019-2020 Budget for Friday, September 6, 2019 during a special City Council meeting beginning at 9:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Sponsors:Office of Management and Budget 25.19-1146 Motion to set a public hearing on the ad valorem tax rate for Tuesday, August 27, 2019 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas and a second public hearing for Friday, September 6, 2019 during a special City Council meeting beginning at 9:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Sponsors:Financial Services Department P.BRIEFINGS: (NONE) Q.EXECUTIVE SESSION: (ITEM 26) 26.19-1007 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 a potential Voluntary Collection Agreement for hotel occupancy taxes . Page 6 City of Corpus Christi Printed on 8/12/2019 August 13, 2019City Council Meeting Agenda - Final-revised R.IDENTIFY COUNCIL FUTURE AGENDA ITEMS S.ADJOURNMENT Page 7 City of Corpus Christi Printed on 8/12/2019 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, July 23, 2019 Addendums may be added on Friday. 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. Mayor Joe McComb to call the meeting to order.A. Invocation to be given by Pastor David Kelly, Trinity Worship.B. Mayor McComb gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Kristy Glick, Management Assistant, Development Services. C. Ms. Kristy Glick led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Page 1City of Corpus Christi Printed on 8/8/2019 July 23, 2019City Council Meeting Minutes Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Proclamations / CommendationsE. 1.Proclamation declaring July 2019, "Watch Your Car Month". Proclamation declaring July 21-27, 2019, "Feria De Las Flores Week" and July 27, 2019, "Feria De Las Flores Day". Commendation for Captain Philip M. Brock, United States Navy. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb presented the proclamations, the commendation and conducted the swearing-in ceremony. 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 Communication department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. J. Mayor McComb deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum. City Secretary Rebecca L. Huerta conducted the public comment period. Alyssa Mejia, 41 Camden Place, spoke about her experience with the City in reporting a dog bite incident and the need for the City to improve on how reporting is handled through the City app, City Website, Call Center, Hotline, and Non-emergency department. Margareta Fratila, 3606 Tripoli Dr., spoke about the lack of sidewalks on the Island and asked for assistance in finding a solution since it affects families and the disabled. Ms. Fratila praised Development Services and Code Enforcement for assisting her to research laws related to the disabled. Mike Carrell, 4966 Cherry Hills, thanked the City for working with Frost Bank, and spoke in support of item 14, the closure of Broadway Court. Robert Algeo, 15629 Three Fathoms Bank Dr., asked for recognition of two lifeguards who saved a man from drowning by Bob Hall Pier, Joshua Salazar and Christopher Veit. Mr. Algeo also spoke about House Bill 1548 regarding utility vehicles (UTVs) and asked Council to consider rewriting the City Code of Ordinances regarding the operation of golf carts and to include UTVs. Page 2City of Corpus Christi Printed on 8/8/2019 July 23, 2019City Council Meeting Minutes CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: OTHERa. 1) City Manager Zanoni informed the public of upcoming calendar events involving the FY2020 budget, which would include four workshop sessions, five community meetings (one in each council district), and one public hearing to discuss the budget. In addition, he stated, there would be two public hearings to discuss the City's property tax rates. 2) Follow-up on business and community outreach plan for communicating with the public and businesses regarding the Everhart Road project through weekly emails and access to the City's website. 3) Operation Safe Return Annual Event hosted by the Police Department, partnership with KIII TV, and the addition of benefits provided to the community for families with children returning to school. MINUTES: (NONE)G. BOARD & COMMITTEE APPOINTMENTS: (NONE)H. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 2 - 13)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. A council member requested that Item 2 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Smith, seconded by Council Member Garza, to approve Items 3-13 on the Consent Agenda. These consent agenda items were passed and approved by one vote as follows: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 3.Ordinance amending the Urban Transportation Plan map of MobilityCC, a transportation element of the City’s Comprehensive Plan, for streets proposed in the London area between SH 286 and FM 763 and between the Oso Creek and FM 43; and amending MobilityCC by adding a HikeBikeCC map for the West Oso Creek Wilderness Trail. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031815 Page 3City of Corpus Christi Printed on 8/8/2019 July 23, 2019City Council Meeting Minutes 4.Ordinance disannexing approximately 662.51 acres located along Texas State Highway 361 and areas south of State Highway 361 from the City of Corpus Christi, Texas; adjusting the City boundaries accordingly and affirming annexations and boundaries; providing for severance, publication, and an effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031816 5.Ordinance authorizing the establishment of Industrial District No. 8 within the Extraterritorial Jurisdiction of the City of Corpus Christi, Texas; and authorizing Industrial District Agreement with property owners within the Industrial District. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031817 6.Ordinance approving the amendment to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, on June 10, 2019. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031818 7.Ordinance authorizing an agreement with Nueces County Victims’ Memorial Garden for donation and acceptance of Memorial Garden to be placed at Cole Park. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031819 8.Motion awarding a contract to Mako Contracting, LLC in the amount of $603,463.91 for construction associated with Tennis Center Repairs and Upgrades, including removing and replacing three (3) existing tennis courts at the HEB Tennis Center funded by the 2012 Park Bond Program. This Motion was passed on the consent agenda. Enactment No: M2019-108 9.Motion authorizing the lease purchase of heavy equipment consisting of two mini excavators and three backhoes for excavations during installation of gas taps and service lines by Gas Operations from Doggett Heavy Machinery of Corpus Christi, Texas, for a total amount not to exceed $542,760.32 funded through the Gas Fund. Page 4City of Corpus Christi Printed on 8/8/2019 July 23, 2019City Council Meeting Minutes This Motion was passed on the consent agenda. Enactment No: M2019-109 10.Motion authorizing a two-year supply agreement for gas meters, that will be used for new services and replacement of models no longer supported, with Wilnat, Inc., dba Koons Gas Measurement of Tulsa, Oklahoma for the total amount not to exceed $974,035.00, with the first year funded through the Gas Fund. This Motion was passed on the consent agenda. Enactment No: M2019-110 11.Motion authorizing the purchase of two replacement crew trucks from Silsbee Ford of Silsbee, Texas, for a total amount not to exceed $106,861.11 funded through the Gas Fund. This Motion was passed on the consent agenda. Enactment No: M2019-111 12.Motion authorizing a one-year service agreement for rental of nine pickup trucks (half-ton), plus contingency vehicles to be used on a daily or weekly basis when needed, with United Rentals, Inc. of Corpus Christi, Texas, for an amount not to exceed $113,361.10, with one additional one-year option for a total potential multi-year amount not to exceed $226,722.20, with the first-year funding through the Water, Wastewater, and Gas Funds. The trucks will be used by Gas Department and Water Utilities Department to meet daily operational requirements while production and delivery of newly purchased replacement vehicles transpires. This Motion was passed on the consent agenda. Enactment No: M2019-112 13.Resolution authorizing an agreement with Corpus Christi Alumina, LLC under Chapter 212 of the Texas Local Government Code, relating to the development of property in the City’s extraterritorial jurisdiction. This Resolution was passed on the consent agenda. Enactment No: 031820 2.Ordinance adopting the fiscal year (FY) 2019-2020 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG) budget in the amount of $2,650,562.00, the Emergency Solutions Grant (ESG) budget in the amount of $225,067.00, and the HOME Investment Partnerships (HOME) budget in the amount of $1,055,648.00 for a total of $3,931,277.00 of entitlement funding from the United States Department of Housing and Urban Development (HUD) and authorizing the City Manager or designee to execute all documents Page 5City of Corpus Christi Printed on 8/8/2019 July 23, 2019City Council Meeting Minutes necessary to submit the CAAP, authorizing a staff complement of 27 positions; accept and appropriate funding for the approved CAAP projects and further execute funding agreements, amendments or other documents necessary to implement the FY2019-2020 CAAP with organizations for approved projects. Mayor McComb referred to Item 2. A council member and City Manager Peter Zanoni discussed the following topics: the dwindling of funding for affordable housing programs; how to backfill the funding; work plan to dedicate staff to research and focus on the financial drain; and the population being a big driver on funds distributed nationally. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: 031814 PUBLIC HEARINGS: (ITEM 14)M. 14.Ordinance closing, abandoning and vacating a 12,632 square foot portion of public street, Broadway Court lying between Water Street and Shoreline Boulevard, conditioned upon payment of $240,000.00 for fair market value of the improved street . Mayor McComb deviated from the agenda and referred to Item 14. Director of Development Services Nina Nixon-Mendez stated that the purpose of this ordinance is to close, abandon, and vacate a 12,632 square foot portion of a 60-foot-wide public street adjoining Block 4, South Water Beach Addition, as recorded in Volume 21, Page 50, Deed and Map Records, Nueces County Texas and Lot 6, Block 5, South Water Beach Addition, as recorded in Volume 68, Pages 959-960, Deed and Map Records of Nueces County, Texas, and requiring petitioners, Frost Bank, to comply with specified conditions. Director Nixon-Mendez presented information on the following topics: vicinity map of proposed street closure; aerial overview; staff recommendation to approve; before and after improvements of Broadway Court. Mayor McComb opened the public hearing. John Holmgreen, 520 S. Chaparral, thanked the City for the development of The Water's Edge park, but commented on the negative effect this closure would have on parking spaces for people who currently visit The Water's Edge Page 6City of Corpus Christi Printed on 8/8/2019 July 23, 2019City Council Meeting Minutes park, asked that other parking accomodations be made for the public's use during this construction project, and for the council to consider the effect the construction project may have on traffic at that intersection before granting the request. Council members and Director Nixon-Mendez discussed the following topics: future parking issues when private vacant lots disappear; number of parking spaces eliminated; loss of revenue from downtown parking; road already closed for construction over a year; available parking areas for The Water's Edge park; and creating a parking improvement fund to entice owners of vacant parking lots to make improvements, thus, alleviating parking issues. City Manager Peter Zanoni commented that Frost Bank is amenable to working with the City in allowing the public to use their parking spaces after business hours and on weekends. Mike Carrell, Frost Bank, commented on Frost Bank's intention to landscape the area and make it available for the public's use after business hours and weekends, except for the shaded parking spaces, which would ultimately be rented out. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 BRIEFINGS: (ITEM 21)R. 21.The 2020 Census helps to determine everything from the eligibility for federal funding to elected representation. The Complete Count Committee and Nueces Together (non-profit) are working together to ensure robust participation in the 2020 Census. Judge Canales will address Council regarding participation in their effort. Mayor McComb deviated from the agenda and referred to Item No. 21. Nueces County Judge Barbara Canales, Chair of the Complete Count Committee, stated that the purpose of this item was to inform the Council of the nonprofit group Nueces Together, which has been formed to work with the Complete Count Committee, to develop marketing and outreach programs to ensure an accurate US Census Count for Nueces County and to officially request participation from the City of Corpus Christi in the Nueces Together effort to ensure robust participation in the 2020 Census. Page 7City of Corpus Christi Printed on 8/8/2019 July 23, 2019City Council Meeting Minutes Judge Canales presented information on the following topics: why the census is critical; how census counts determine dollars; the census determines state representation; the census equals economic opportunity; promoting census 2020 takes funding; the U.S. Census Bureau's online services versus field workers; the U.S. Bureau recommendation of Complete Count Committees; hard to count populations; Nueces Together Outreach Plan; Nueces Together's limited access to data; and action plan timeline. Council members and Judge Canales discussed the following topics: the committee's financial goals; goals for counting everyone; reaching the homelessness population; plans for advertising; unified community effort through employers/employees; and how the census affects relationship with the State. EXECUTIVE SESSION: (ITEM 22)T. Mayor McComb deviated from the agenda and referred to Executive Session Item 22. The Council went into executive session at 1:40 p.m. The Council returned from executive session at 2:20 p.m. 22.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues and potential litigation with the U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Attorney General, and/or U.S. Department of Justice concerning the City's sanitary sewer system and/or water system, dissolved oxygen standards in Oso Bay, sanitary sewer overflows, and other regulatory matters related to the City’s wastewater treatment plants. This E-Session Item was discussed in executive session. RECESS FOR LUNCHL. The recess for lunch was held during Executive Session Item 22. RECESS TO CORPORATION MEETING: (ITEM 15)N. 15.Meeting of the North Padre Island Development Corporation Mayor McComb recessed the regular Council meeting at 2:23 p.m. to hold a Meeting of the North Padre Island Development Corporation. RECONVENE THE COUNCIL MEETING:O. Mayor McComb reconvened the regular Council meeting at 2:30 p.m. REGULAR AGENDA: (ITEMS 16 - 17)P. 16.Motion awarding a contract to CGC General Contractors, Inc. of San Page 8City of Corpus Christi Printed on 8/8/2019 July 23, 2019City Council Meeting Minutes Antonio, Texas for construction of a covered pavilion associated with the Packery Channel Pavilion Boat Launch project in the amount of $218,387.70 for the base bid with funding available from the Tax Increment Reinvestment Zone #2. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to authorize award of a construction contract to CGC General Contractors, Inc. of San Antonio, Texas, in the amount of $218,387.70 for the base bid only for a new covered pavilion adjacent to the Packery Channel Boat Launch. Council members, Director Edmonds, Director of Parks and Recreation Jermel Stevenson, and Assistant City Manager Keith Selman discussed the following topics: high cost of project with no amenities; reasons for high cost such as usage of windstorm resistant material; liability; event usage of pavilion by public; comparison to West Guth pavilion; process of bidding and number of bidders obtained; other kinds of appealing material; price per square foot; why not designed in-house; history of pavilion (six-pack project); and the Island Strategic Action Committee's (ISAC) recommendation. Council Member Smith made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye:Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 7 - Nay:Mayor McComb and Council Member Hernandez2 - Abstained:0 Enactment No: M2019-113 17.Resolution amending Financial Budgetary Policies adopted by Resolution 031547 and providing financial policy direction on preparation of the annual budgets. Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to amend the Financial Budgetary Policies adopted by Resolution 031547 and provide financial policy direction on preparation of the annual budget. Director Houlihan reviewed each section of the proposed amendments to Resolution 031547. Council Members, Director Houlihan, and Interim Assistant City Manager Constance Sanchez discussed the following topics: the funding level from general fund for residential street reconstruction; the removal of provisions in Section 8 relating to transferring general fund revenue in fiscal years 2021, 2022 and 2023; the section regarding the voter approved $0.06 (2 cents + 2 cents + 2 cents charter amendment) from property tax for residential street reconstruction was added; voters' understanding and approval of the 2 cents + 2 cents + 2 cents charter amendment for residential street reconstruction; staff's recommendation to remove the language regarding the 1/3, 2/3 and 1% Page 9City of Corpus Christi Printed on 8/8/2019 July 23, 2019City Council Meeting Minutes general fund transfer because that language had been added in 2015, prior to the 2 cents + 2 cents + 2 cents charter amendment for residential street reconstruction; whether voters intended to have the general fund transfer replaced, or augmented with the 2 cent + 2 cent + 2 cent charter amendment; and the proposed amendments not affecting the current fiscal year, but implemented during the fiscal years 2021, 2022, and 2023. Council Member Guajardo made a motion to amend Resolution 031547 to restore numbers 3 - 5 under Section 8, seconded by Council Member Barrera. The Motion to amend was passed and approved with the following vote: Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith voting "Aye" (Council Member Hunter - absent). Director Houlihan continued the review of the remaining sections of the proposed amendments to Resolution 031547. Council Members, Director Houlihan, and Interim Assistant City Manager Sanchez discussed the following topics: transparency of transfers; continuing to transfer within departments; and recommending the amendments be reviewed by a financial advisor. Council Member Hernandez made a motion to approve the resolution as amended, seconded by Council Member Roy. This Resolution was passed and approved as amended with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: 031821 FIRST READING ORDINANCES: (ITEMS 18 -20)Q. Mayor McComb referred to First Reading Ordinances, Items 18 - 20. Director of Aviation Fred Segundo stated that the purpose of Item 18 is to accept and appropriate $289,765.00 from the Federal Aviation Administration Grant, authorizing reimbursement of expenses for additional fencing and security cameras. He stated that the Airport Board has reviewed the agenda and is unanamiously recommending approval of the item. There were no comments from the public. Council Member Guajardo made a motion to approve Items 18 - 20, seconded by Council Member Garza. These ordinances were passed on first reading and approved with one vote. 18.Ordinance accepting and appropriating $289,765.00 from the Federal Aviation Administration Grant and authorizing reimbursement of Page 10City of Corpus Christi Printed on 8/8/2019 July 23, 2019City Council Meeting Minutes expenses for additional fencing, security cameras, and server upgrades/replacements within the airport terminal building as part of the Perimeter Fencing Project and amending the FY 2018-2019 Capital Budget. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 19.Ordinance authorizing lease agreement with SMG to allow use of streets bounded by Fitzgerald Street, N. Water Street, Resaca Street and Shoreline Blvd. and including portions of Bayfront Park located along Shoreline Blvd. between Resaca Street and Fitzgerald Street for the 2019 Coastal Bender event and related activities to be held on August 1 - 4, 2019, which requires SMG to pay all permit fees required for the event, estimated at $1,000.00. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 20.Ordinance appropriating $208,138.33 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures; and approving the purchase of seven trucks from Silsbee Ford of Silsbee, Texas, via GoodBuy Purchasing Cooperative for a total amount not to exceed $208,138.33. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Page 11City of Corpus Christi Printed on 8/8/2019 July 23, 2019City Council Meeting Minutes IDENTIFY COUNCIL FUTURE AGENDA ITEMSU. Mayor McComb referred to Future Agenda Items. Council members asked for the following items to be placed on a future agenda: ways to contribute additional funding to the Nueces Together program, action plan from each council district to assist in the Nueces Together program, and the use of the City's TV studio to advertise the program. ADJOURNMENTV. The meeting was adjourned at 3:59 p.m. Page 12City of Corpus Christi Printed on 8/8/2019 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, July 30, 2019 Addendums may be added on Friday. 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. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:33 a.m. Invocation to be given by Pastor Betty Vestal, Church of Acts.B. Pastor Betty Vestal gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Richard Gonzalez, Safety Coordinator, Risk Management. C. Mr. Richard Gonzalez led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Page 1City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Proclamations / CommendationsE. 1.Proclamation declaring July 25, 2019, "National Intern Day". Proclamation declaring August 5-11, 2019, "National Farmers Market Week". Proclamation declaring August 8-10, 2019, "32nd Reunion "Mighty, Mighty Hornets" Solomon Melvin Coles Alumni Association Days". Mayor McComb presented the proclamations. 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 Communication department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. J. Mayor McComb deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum. City Secretary Rebecca L. Huerta conducted the public comment period. John LaRue, United Corpus Christi Chamber of Commerce, spoke about the Texas Windstorm Insurance Association's (TWIA) possible rate increase along the Texas coast and raising public awareness. He invited the public to go online to TWIA.org to register and oppose the proposed rate increase. Sirfrederickvon USA King vii, P.O. Box 1181, spoke about filing copies of his tax records with the City Secretary's office for campaign purposes. Susie Saldana, 4710 Hakel, thanked a council member for interest shown regarding the Churchill area community, thanked the City Manager for additional police officers, and thanked the Police Department on behalf of C-Cause United Teacher and School Employees, for Operation Safe Return. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb referred to City Manager's Comments. OTHERa. City Manager Peter Zanoni reserved his comments for the briefing on the Page 2City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes Proposed FY2020 Annual Operating Budget and Capital Budget for fiscal year beginning October 1, 2019. MINUTES: (ITEM 2)G. 2.Regular Meeting of July 16, 2019. Mayor McComb referred to approval of the minutes. Council Member Hernandez made a motion to amend the minutes regarding Item 18, Urban Transportation Plan map of MobilityCC, to reflect approval of the ordinance as recommended by staff and the Transportation Advisory Commission (TAC), seconded by Council Member Guajardo and passed unanimously. Council Member Guajardo made a motion to approve the minutes as amended, seconded by Council Member Garza and passed unanimously. BOARD & COMMITTEE APPOINTMENTS:H. 2.a.Charter Review Ad Hoc Committee Mayor McComb referred to board and committee appointments. The following nominations were made: Mayor McComb nominated Toby Hammett Futrell. Council Member Barrera nominated Eugene Hernandez. Council Member Hernandez nominated Chad Magill. Council Member Roy nominated Oscar Martinez. Council Member Hunter nominated Richard (Rick) Milby. Council Member Molina nominated Philip J. Ramirez. Council Member Smith nominated Shirley R. Thornton. Council Member Guajardo nominated Bob White. Council Member Garza nominated John F. Wilson. Council Member Garza made a motion to appoint Toby Hammett Futrell, Eugene Hernandez, Chad Magill, Oscar Martinez, Richard (Rick) Milby, Philip J. Ramirez, Shirley R. Thornton, Bob White, and John F. Wilson as members to the Charter Ad Hoc Committee, seconded by Council Member Guajardo and passed unanimously. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 3 - 17)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 8, 9 and 16 be pulled for individual consideration. A motion was made by Council Member Roy, seconded by Council Member Garza, to approve Items 3 - 7, 10 - 15 and 17 on the Consent Agenda. These consent agenda items were passed and approved by one vote as follows: Page 3City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 3.Ordinance annexing for full purpose approximately 161.56 acres of land into the territorial limits of the City of Corpus Christi and extending the boundary limits of said city so as to include said hereinafter described property within said city limits, and granting to all the inhabitants of said property all the rights and privileges of other citizens and binding said inhabitants by all of the acts, ordinances, resolutions, and regulations of said city; and adopting a service plan. This Ordinance was passed on second reading of the consent agenda. Enactment No: 031822 4.Zoning Case No. 0419-02 Braselton Development Company, Ltd: Ordinance zoning property at or near 0 county Road 33 to the “RS-4.5” Single-Family 4.5 District. This Ordinance was passed on second reading of the consent agenda. Enactment No: 031823 5.Ordinance accepting and appropriating $289,765.00 from the Federal Aviation Administration Grant and authorizing reimbursement of expenses for additional fencing, security cameras, and server upgrades/replacements within the airport terminal building as part of the Perimeter Fencing Project and amending the FY 2018-2019 Capital Budget. This Ordinance was passed on second reading of the consent agenda. Enactment No: 031824 6.Ordinance authorizing lease agreement with SMG to allow use of streets bounded by Fitzgerald Street, N. Water Street, Resaca Street and Shoreline Blvd. and including portions of Bayfront Park located along Shoreline Blvd. between Resaca Street and Fitzgerald Street for the 2019 Coastal Bender event and related activities to be held on August 1 - 4, 2019, which requires SMG to pay all permit fees required for the event, estimated at $1,000.00. This Ordinance was passed on second reading of the consent agenda. Enactment No: 031825 7.Ordinance appropriating $208,138.33 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures; and approving Page 4City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes the purchase of seven trucks from Silsbee Ford of Silsbee, Texas, via GoodBuy Purchasing Cooperative for a total amount not to exceed $208,138.33. This Ordinance was passed on second reading of the consent agenda. Enactment No: 031826 10.Motion authorizing the purchase of nine replacement 2020 model freightliner M2-106 SRA trucks from Houston Freightliner, Inc. of Houston, Texas, via Buy Board Cooperative for a total amount not to exceed $1,207,583.00, funded through the Water, Wastewater, Storm Water and Fleet Maintenance Service Funds. These units are replacing trucks used daily by Water Utilities Department repair and construction crews. This Motion was passed on the consent agenda. Enactment No: M2019-116 11.Motion authorizing the lease purchase of three replacement 2020 model Western Star trucks consisting of two rear packing refuse trucks and one water tanker truck for an amount not to exceed $624,276.48 from Grande Truck Center of San Antonio, Texas, and five replacement 2020 model Freightliner trucks consisting of one 18 cubic yard dump truck, three brush container trucks and one rear steer brush loader from Houston Freightliner of Houston Texas for a total amount not to exceed $960,135.00, plus a total estimated allowable interest for lease of $175,942.60, for a combined total amount not to exceed $1,760,354.08 funded through the General Fund. This Motion was passed on the consent agenda. Enactment No: M2019-117 12.Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC of Corpus Christi, Texas, for the purchase of concrete mix in various types for a total amount not to exceed $64,855.83, with the first-year funding through the Stores Fund. This Motion was passed on the consent agenda. Enactment No: M2019-118 13.Motion authorizing an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for management of the investment of Corporation Funds This Motion was passed on the consent agenda. Enactment No: M2019-119 14.Motion authorizing an agreement between the Corpus Christi B Page 5City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes Corporation and the City of Corpus Christi for management of the investment of Corporation funds. This Motion was passed on the consent agenda. Enactment No: M2019-120 15.Motion to set the Public hearing for the City of Corpus Christi Fiscal Year 2019-2020 Budget for September 10, 2019 during the regular City Council meeting beginning at 11:30 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This Motion was passed on the consent agenda. Enactment No: M2019-121 17.Motion setting a public hearing on the ad valorem tax rate for August 27, 2019 and a second public hearing for September 10, 2019 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This Motion was passed on the consent agenda. Enactment No: M2019-123 8.Motion awarding three (3) separate two-year Master Services Agreements (MSAs) with Professional Service Industries, Rock Engineering & Testing Laboratory, and Terracon Consultants, Inc., up to the amount of $1,000,000 each to provide geotechnical engineering and construction materials testing for various Bond and CIP projects with funds available from Street Bonds 2012, 2014, 2016 and 2018, Street Operations and various Utility funds as required. Mayor McComb referred to Item 8. Council Member Barrera and Director of Engineering Services Jeff Edmonds discussed the requirement and verification that contractors have a staffed local licensed professional engineer. Council Member Barrera made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Nay:Council Member Garza1 - Abstained:0 Enactment No: M2019-114 9.Motion approving Amendment No. 1 to a contract with HDR, Inc. of Page 6City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes Austin, Texas for an update to the rate model in the amount of $91,000.00 for a total not to exceed amount of $134,400.00 with two optional 1-year technical support renewals for $49,500.00 each to be approved administratively for a total contract cost of $233,400.00 for the Utility Rate Model Analysis and Implementation project with funding available from Water Utilities Operations Budget. Mayor McComb referred to Item 9. Council Member Garza and Assistant City Manager Mark Van Vleck discussed the following topics: any other options or software for wastewater analysis than the methodology currently in place; methodology is tailored to each municipality; methodology used by the City is more robust than others in its ability to run different scenarios; request made to research other options. Council Member Garza made a motion to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2019-115 16.Motion setting September 17, 2019 as the date of the adoption of the ad valorem tax rate of $0.646264 per $100 valuation. Mayor McComb referred to Item 16. Council Member Hernandez, Interim Director of Finance Alma Casas and Interim Assistant City Manager Constance Sanchez discussed the following topics: more transparency on agenda memos involving a tax increase; list of street projects affected by the tax increase of two cents; first step in truth and taxation process for setting the tax rate; setting the date to approve the tax rate; setting two public hearings for public awareness to present the specific increase in the rate from $0.62 to $0.64; legislation that limits increase; and matrix in place for street repairs. Council Member Garza made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2019-122 FIRST READING ORDINANCES: (ITEM 23) Page 7City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes 23.Ordinance awarding a contract to Haas-Anderson Construction, LTD in the amount of $11,016,599.50 for construction of Ayers Street Pedestrian improvements and turn lane addition from South Padre Island Drive (SPID) to Gollihar Road for the base bid and additive alternate no. 1 with asphalt pavement; amending the FY2019 Capital Improvement Program Budget to support the use of Bond 2014 Proposition 1 funds, increase the budget, and funds are available in Bond 2014 Streets and various utility funds. Mayor McComb deviated from the agenda and referred to Item 23. Priscilla Leal, former Council Member for District 3, expressed her appreciation, through a spokesperson, to the Mayor, Council Members and City Manager. Ms. Leal spoke about three uncompleted projects at the time of her departure due to illness, Ayers Street project being one of them. She thanked Diana Sepulveda for her assistance, Roland Barrera for inviting her to speak on this occasion, as well as her family and friends, for supporting her and in helping pass these projects. Ms. Leal especially wanted to thank and recognize former Mayor Nelda Martinez. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 BRIEFINGS: (ITEM 24)P. 24.Briefing on the Proposed FY2020 Annual Operating Budget and Capital Budget for fiscal year beginning October 1, 2019. Mayor McComb deviated from the agenda and referred to Item 24. City Manager Peter Zanoni presented information on the following topics: a balanced budget; budget addresses council and community priorities; budget transparency; FY2020 total city budget; FY2020 proposed budget, general fund (with transfers); FY2020 general fund budget; general fund revenues (growth over FY2019); property taxable value growth and rate; percentage the city receives of the property tax bill; city property tax relief (senior and disabled exemptions and frozen city tax payments); FY2020 general fund more than FY2019; FY2020 general fund reserves; FY2020 budget recommendations and enhancements for Police, Fire, Animal Control, Parks and Recreation, Community Enrichment; Solid Waste, Community (homelessness, affordable housing, census count and obesity education awareness), Tourism and Quality of Life, Utilities, Assets Management, Information Technology (IT), Engineering; funding recommendation for street maintenance and residential street reconstruction; brief overview of funding sources and restrictions for street maintenance and reconstruction; work plan for streets; pavement markings; FY2020 recommended budgeted positions; civilian employee compensation; Page 8City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes uniform employee compensation; city utility rates; FY2020 capital budget; and next steps to finalize budget adoption. Council Members thanked City Manager Zanoni and his staff for the excellent presentation and expressed the following appreciation for: a sustainable public safety plan; new employee performance evaluation plan; adding a Health Savings Account (HSA); new positions for streets and engineering departments; and consideration of long-term improvements and solutions involving Northwest Blvd. City Manager Zanoni thanked and personally acknowledged the Budget and Management department's team. PUBLIC HEARINGS: (ITEMS 18 - 20)M. 18.Public Hearing and Second Reading Ordinance closing, abandoning and vacating a 12,632 square foot portion of public street, Broadway Court lying between Water Street and Shoreline Boulevard, conditioned upon payment of $240,000.00 for fair market value of the improved street . Mayor McComb referred to Item 18. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to close, abandon, and vacate a portion of Broadway Court between South Water Street and Shoreline Boulevard. Director Nixon-Mendez presented information on the following topics: vicinity map of proposed street closure; number of businesses that were sent notices; number of businesses in favor and in opposition; and staff's recommendation to approve. Council members and Director Nixon-Mendez discussed the following topics: the two primary concerns in opposition, which were the increased traffic generated by the new development and the removal of the on-street parking associated with the street closure; and Frost Bank's offer to allow the public to park in uncovered parking spaces after 5 p.m. and on weekends. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Roy made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 031827 19.Zoning Case No. 0619-01: Mt. Olive Lutheran Church (Council District 5) Ordinance rezoning property at or near 5101 Saratoga Boulevard (State Page 9City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes Highway 357) from the “RS-6” Single-Family 6 District to the “ON” Neighborhood Office District. Planning Commission and Staff recommend Approval. Mayor McComb referred to Item 19. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone a property from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District to allow for the construction of an office building. Director Nixon-Mendez presented information on the following topics: aerial overview; details of the subject property; zoning pattern; the Planning Commission and staff recommendation to approve the change in zoning from an "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District; and results from public notification. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 20.Ordinance abandoning and vacating a 4-foot wide by approximately 107-feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Dr. Mayor McComb referred to Item 20. Director of Development Services Nina Nixon-Mendez stated that the purpose of this ordinance is to close, abandon and vacate a portion of an existing utility easement to facilitate the future sale of the home, located at 3729 Berkeley Drive. Director Nixon-Mendez presented information on the following topics: aerial overview; details of the subject property; foundation encroachment identified during a title company survey; no public or franchise utilities in opposition to the easement closure; and staff recommendation for approval of the utility easement closure. Council members and Director Nixon-Mendez discussed the following topics: institution of new administrative directives related to the residential plan review; issue of encroachment related to zoning setbacks; options available to the applicants regarding setbacks; and proposed amendment to the Unified Development Code (UDC), allowing administrative relief regarding easement closures with respect to a zoning setback. Mayor McComb opened the public hearing. There were no comments from the Page 10City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes public. Mayor McComb closed the public hearing. Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 REGULAR AGENDA: (NONE)N. FIRST READING ORDINANCES: (ITEMS 21 - 22)O. Mayor McComb referred to First Reading Ordinances. There were no comments from the Council or the public. Council Member Garza made a motion to approve Items 21 and 22, seconded by Council Member Hernandez. These Ordinances were passed on first reading and approved by one vote. 21.Ordinance authorizing the acceptance of a grant from the Office of the Attorney General for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,100.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,100.00 in the Police Grants Fund. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 22.Ordinance appropriating $77,350.00 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures by $77,350.00; and approving the purchase of four trailer-mounted portable air compressors from ROMCO Power Systems of Corpus Christi, Texas, via NJPA-Sourcewell Cooperative for a total amount not to exceed $77,350.00 funded from the Fleet Maintenance Service Fund. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Page 11City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes EXECUTIVE SESSION: (ITEMS 25 - 27)Q. Mayor McComb referred to Executive Session Items 25 - 27. The Council went into Executive Session at 12:50 p.m. The Council returned from Executive Session at 2:32 p.m. 25.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City’s contracts related to waste management, handling, and disposal and state and federal regulations related to landfill management, disposal of solid waste, and/or recycling, including but not limited to, the City’s contracts with Republic Services, Cefe Landfill Tx, LP, BFI Waste Services of North America, Inc. and BFI Waste Systems of Texas, LP. and related entities, and provisions related to mediation, arbitration, and termination of agreements for the aforementioned functions. This E-Session Item was discussed in executive session. 26.Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City’s franchise agreement(s) with AEP Texas Central Company and fees payable pursuant to said franchise(s). This E-Session Item was discussed in executive session. 27.Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning the lawsuit of Salinas Construction Technologies, Ltd. and Salinas and Sons, Inc. v. City of Corpus Christi and the potential approval of attorney’s fees, expert fees, and expenses in said case. Mayor McComb referred to Item 27 and the following motion was considered: Motion to authorize the City Manager or his designees to execute an amendment to the City’s professional services agreement for attorney services with McKibben, Martinez, Jarvis & Wood, LLP for representation of the City in Salinas Construction Technologies, Ltd. and Salinas and Sons, Inc. v. City of Corpus Christi to increase the maximum amount of said contract by $150,000. Council Member Smith made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Page 12City of Corpus Christi Printed on 8/9/2019 July 30, 2019City Council Meeting Minutes Enactment No: M2019-124 RECESS FOR LUNCHL. The recess for lunch was held during Executive Session Items 25 - 27. IDENTIFY COUNCIL FUTURE AGENDA ITEMSR. Mayor McComb referred to Identify Council Future Agenda Items. The following items were identified: need for a workshop or discussion related to storm water capacity south of the Oso Creek; discussion on potential altering of the flood zones and maps; timeline for master plan on storm water; importance of attendance at the Texas A&M University-Corpus Christi Unmanned Aerial System's (UAS) events; the status of Code Enforcement's City Performance Report (CPR) on the City's website; and status of feasibility study and Urban Engineering study related to TIRZ#4. ADJOURNMENTS. The meeting was adjourned at 2:40 p.m. Page 13City of Corpus Christi Printed on 8/9/2019 Duties Composition Name District Term Appt. date End date Appointing Authority Status2 Position Nominated by Eugene Hernandez District 3 1 7/30/2019 N/A Mayor Resigned Council Member Roland Barrera Toby Hammett Futrell District 4 1 7/30/2019 N/A Mayor Active Chair Mayor Joe McComb Chad Magill District 2 1 7/30/2019 N/A Mayor Active Council Member Gil Hernandez Oscar Martinez District 5 1 7/30/2019 N/A Mayor Active Council Member Everett Roy Richard (Rick) E Milby District 1 1 7/30/2019 N/A Mayor Active Council Member Michael T. Hunter Philip J Ramirez District 4 1 7/30/2019 N/A Mayor Active Council Member Ben Molina Shirley R Thornton District 4 1 7/30/2019 N/A Mayor Active Council Member Greg Smith Bob White District 3 1 7/30/2019 N/A Mayor Active Council Member Paulette M. Guajardo John F Wilson District 2 1 7/30/2019 N/A Mayor Active Council Member Rudy Garza CHARTER REVIEW AD HOC COMMITTEE To discuss a comprehensive review of the City Charter, with a focus on extending city council terms to four years, city council compensation, and miscellaneous housekeeping items, with a target election date to be determined by City Council. (Motion No. 2019-068, 5/21/19) Per Council Policies, Section 10, all members to City Council ad hoc committees will be appointed by the Mayor or a majority of the City Council. Name District Category Aaron Munoz District 3 Council Member Roland Barrera CHARTER REVIEW AD HOC COMMITTEE Applicants Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category *Randy L Maldonado District 5 2 10/10/2017 9/30/2020 City Council Vice-President Resigned **Gabriel Guerra District 5 1 10/10/2017 9/30/2019 City Council Inactive Scott M Harris District 1 1 10/10/2017 9/30/2019 City Council President Active John Valls District 5 Partial 12/12/2017 9/30/2019 City Council Active Michael T. Hunter 2 11/14/2017 9/30/2019 City Council Non-Voting Active City Council Liaison Leah Pagan Olivarri District 4 1 11/14/2017 9/30/2020 City Council Active Robert Tamez District 5 1 7/24/2018 9/30/2020 City Council Active Lee A. Trujillo District 3 2 10/10/2017 9/30/2020 City Council Secretary Active CORPUS CHRISTI B CORPORATION The affairs of the Corporation shall be managed by a board of directors composed of seven persons appointed by the City Council. The terms of the directors shall be two years expiring on September 30. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively unless such service is required to complete an unexpired term. Once a director has served for a total of six consecutive years, unless an exception under the City Charter applies, his or her term shall immediately expire and his or her position shall become vacant. Three directors must be persons who are not employees, officers or members of the City Council of the City of Corpus Christi. Each director must be a resident and qualified elector of the City. Directors may also serve as Directors for the Corpus Christi Business and Job Development Corporation (CCBJDC). If a Director serves on both the Corporation's board and the CCBJDC's board, the expiration of the Director's term on the Corporation's board shall coincide with the expiration of his/her term on the board of the CCBJDC. The City Council may appoint a City Council member as a non-voting liaison to the corporation for purposes of facilitating communication between the City Council and the board. The Corpus Christi B Corporation administers the proceeds of the Type B sales tax, initiated in 2018, with the use of the proceeds for: (1) 50% for economic development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (2) up to $500,000 annually on affordable housing; and (3) the balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads. *One (1) vacancy with terms to 9-30-20. **This position will be filled in September to run the Corpus Christi Business and Job Development Corporations terms concurrent. Name District Category Kaushik H Bhakta District 5 Regular Member Joe Elizondo District 5 Regular Member Mary Jane Garza District 4 Regular Member Javier Huerta District 5 Regular Member Charles A Prothro III District 4 Regular Member Diana Summers District 4 Regular Member Lynn A Valley District 1 Regular Member Alan R Wilson District 1 Regular Member John F Wilson District 2 Regular Member John T Wright District 2 Regular Member CORPUS CHRISTI B CORPORATION Applicants *One (1) vacancy with terms to 9-30-20. Duties Composition Name District Term Appt. date End date Appointing Authority Position Status *Randy L Maldonado District 5 2 11/17/2015 9/30/2020 City Council Vice-President Resigned **Gabriel Guerra District 5 3 7/9/2013 7/31/2019 City Council Met the six-year service limitation Scott M Harris District 1 1 7/11/2017 9/30/2019 City Council President Active John Valls District 5 1 10/1/2018 9/30/2019 City Council Active Leah Pagan Olivarri District 4 1 10/1/2018 9/30/2020 City Council Active Robert Tamez District 5 1 7/24/2018 9/30/2020 City Council Active Lee A. Trujillo District 3 2 9/13/2016 9/30/2020 City Council Active CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION The Corpus Christi Business and Job Development Corporation is organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven persons appointed by the City Council. The terms of the directors shall be two years, expiring on September 30. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident and qualified elector of the City. Once a director has served for a total of six consecutive years, unless an exception under the City Charter applies, his or her term shall immediately expire and his or her position shall become vacant. **This position will be filled in September to run the terms concurrent. Name District Category Kaushik H Bhakta District 5 Regular Member Joe Elizondo District 5 Regular Member Mary Jane Garza District 4 Regular Member Javier Huerta District 5 Regular Member Charles A Prothro III District 4 Regular Member Diana Summers District 4 Regular Member Lynn A Valley District 1 Regular Member Alan R Wilson District 1 Regular Member John F Wilson District 2 Regular Member John T Wright District 2 Regular Member CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Applicants *Two (2) vacancies with terms to 5-11-20 and 5-11-21, representing the following categories: 1 - Disability Networks and 1 - At-Large. Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category *Kimberly Cook 1 5/8/2012 5/11/2019 Mayor with Council Confirmation Resigned Disability Networks *Jennifer Rock 1 7/24/2018 5/11/2020 Mayor with Council Confirmation Resigned At-Large Stephen C McMains District 2 2 5/24/2016 5/11/2020 Mayor with Council Confirmation Vice-Chair Active At-Large Lynn Mutz District 4 Partial 5/14/2019 5/11/2020 Mayor with Council Confirmation Active Community Outreach Ana Paez District 1 3 8/12/2014 5/11/2020 Mayor with Council Confirmation Active Health Care/Medical Profession Richard Torres District 5 2 5/24/2016 5/11/2020 Mayor with Council Confirmation Active Youth Initiatives Rhonda Carlisle-Castillo District 3 2 5/12/2019 5/11/2021 Mayor with Council Confirmation Active Senior Initiatives Misty Kesterson District 4 3 5/12/2019 5/11/2021 Mayor with Council Confirmation Chair Active Worksite Wellness George W Woods III District 4 1 5/14/2019 5/11/2021 Mayor with Council Confirmation Active At-Large MAYOR'S FITNESS COUNCIL The Mayor's Fitness Council advises the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. In addition, to collaborate with community leaders in all sectors to develop and implement policy and environmental improvement strategies that will help combat chronic diseases such as diabetes, cardio pulmonary disease, and cancer. The committee shall consist of nine (9) members appointed by the Mayor with approval of the City Council. The committee shall consist of individuals representing the following categories: (1) - Health Care/Medical Professional, (1) - Worksite Wellness, (1) - Disability Networks, (1) - Senior Initiatives, (1) - Youth Initiatives, (1) - Community Outreach and (3) - At-Large members. Staggered terms are as follows: Five terms shall end in even numbered years: Health Care/Medical Professional, Senior Initiatives, Youth Initiatives, Community Outreach and one (1) At-Large member. Four terms shall end in odd numbered years: Worksite Wellness, Disability Networks, and two (2) At-Large members. Thereafter, all terms shall be two (2) years. Ex-officio members will include Director of Parks and Recreation and the Director of the City County Public Health District. Name District Category Brittany Garza District 3 At-Large Nancy Graves District 4 Community Outreach and At-Large Cody A Gregg District 5 At-Large Serita Porter M Porter District 4 Disability Networks and At-Large Vanessa Salazar District 4 At-Large Leroy P Theriot District 4 Health Care / Medical Professionals and At-Large Eric Tunchez District 3 Youth Initiatives, Community Outreach and At-Large MAYOR'S FITNESS COUNCIL Applicants Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category Attendance *Vacant District 4 2 5/14/2013 7/31/2018 City Council vacant Bldg Owners & Mgmt Assn *Vacant District 4 2 5/14/2013 7/31/2018 City Council vacant Uptown Neigh. Initiative *Ginny Price District 2 2 5/14/2013 7/31/2019 City Council Met the six-year service limitation Downtown Area Council Member Nominee *Robert Catalano District 1 1 2/10/2015 7/31/2019 City Council Chair Seeking reappointment North Beach Community Association 4/4 meetings 100% *Erica Lozano District 3 1 4/14/2015 7/31/2019 City Council Vice-Chair Not seeking reappointment C.C. Convention and Visitors Bureau Rep. PARKING ADVISORY COMMITTEE Ten (10) vacancies with terms to 7-31-21 and 7-31-22, representing the Residential Property Owner in City Center, Building Owners & Management Association, Community At-Large, Uptown Neighborhood Initiative, Downtown Area Council Member Nominee, Building Owners & Management Association Representative, Residential; Parking Meters Collected, North Beach Community Association, Corpus Christi Convention and Visitors Bureau Representative and a Downtown Management District Representative. (Staff is recommending the postponement of the Residential Property Owner in City Center, Community At-Large, Building Owners & Management Association Representative, Residential; Parking Meters Collected and a Downtown Management District Representative for further recruitment). The Parking Advisory Committee provides advice and recommendations to the Police Chief, City Manager or City Council on matters relevant to the administration and enforcement of the Code of Ordinances, Chapter 53 including: On-street and off-street parking, special events, and revitalization projects within the city center; developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities; parking and signage programs and city center concerns; the location, time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators; expenditure or usage of Parking Improvement Fund; parking improvements; and participate with the county on parking enhancement and city center revitalization matters. Eleven (11) voting members and three (3) non-voting advisory members appointed by the City Council comprised of the following: one (1) member nominated by the District Council Member who represents the downtown area; two (2) members nominated by the Downtown Management District; one (1) member nominated by the North Beach Community Association; one (1) member nominated by the Uptown Neighborhood Initiative; two (2) members nominated by the Building Owners and Management Association; one (1) member nominated by the Corpus Christi Convention and Visitors Bureau; two (2) members who shall represent downtown residential interests: one (1) member to be a resident where paid parking meters are collected and one (1) member to be an owner of residential living property in the City Center Area; and one (1) member to represent the community at-large. The City Manager, Police Chief, Parks and Recreation Director or their designees shall serve as non-voting advisory members. The Parking Control Manager or Supervisor shall serve as liaison to the Committee. Of the eleven members with voting power, the initial terms of six (6) members shall serve a two (2) year term, and five (5) members shall serve a three (3) year term as determined by a drawing to be conducted in the City Secretary's Office. Thereafter, all terms shall be three (3) years with terms expiring on July 31st of the applicable year. The Committee shall elect, from among its voting members at the first meeting, a member to serve as chairperson and a vice-chairperson, and who shall serve for a one-year term. Name District Term Appt. date End date Appointing Authority Position Status Category Attendance William Hoover District 1 1 2/10/2015 7/31/2018 City Council Not seeking reappointment Residential Property Owner in City Center Richard S Durham District 5 2 5/14/2013 7/31/2018 City Council Vice-Chair Met the six-year service limitation Community At-Large Jim Swan District 1 2 11/12/2013 7/31/2019 City Council Met the six-year service limitation Building Owners & Mgmt. Assoc. Rep. Faye Crider District 1 2 5/14/2013 7/31/2019 City Council Met the six-year service limitation Residential; Parking Meters Collected Nicholas F Aluotto District 1 1 2/26/2019 7/31/2021 City Council Resigned DMD Representative Jared Cooper District 1 1 2/26/2019 7/31/2021 City Council Active DMD Representative City Manager or designee N/A N/A N/A City of Corpus Christi Active Advisory, non-voting Parks and Recreation Director or designee N/A N/A N/A City of Corpus Christi Active Advisory, non-voting Police Chief or designee N/A N/A N/A City of Corpus Christi Active Advisory, non-voting Name District Category Darlene K Gregory District 4 Uptown Neighborhood Initiative Nominee John C. Holmgreen Jr.District 1 Downtown Area Council Member Nominee Lawrence W Virts District 4 Building Owners and Management Association Nominee Linise Williamson District 5 Corpus Christi Convention and Visitors Bureau Nominee PARKING ADVISORY COMMITTEE Applicants Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category Attendance *Mandy Cox District 4 1 8/8/2017 8/23/2019 City Council Seeking reappointment 9/10 meetings 90% (1 excused) *Florence D East District 4 1 8/8/2017 8/23/2019 City Council Seeking reappointment 8/10 meetings 80% (2 excused) *Hannah Husby District 2 1 8/21/2018 8/23/2019 City Council Seeking reappointment 8/10 meetings 80% (2 excused) *Casandra L Lorentson District 5 1 8/21/2018 8/23/2019 City Council Seeking reappointment 9/10 meetings 90% (1 excused) *Alissa Mejia District 4 1 10/13/2015 8/23/2019 City Council Seeking reappointment 9/10 meetings 90% (1 excused) *Howard L Schauer District 3 Partial 4/23/2019 8/23/2019 City Council Seeking reappointment 3/3 meetings 100% Bobby Broderick District 1 1 8/21/2018 8/23/2020 City Council Active Dotson Lewis Jr.District 4 2 8/12/2014 8/23/2020 City Council Chair Active Amy H McCoy District 4 1 8/16/2016 8/23/2020 City Council Active Jerry Plemons District 5 2 8/12/2014 8/23/2020 City Council Active Twila Stevens District 4 1 8/21/2018 8/23/2020 City Council Active PARKS AND RECREATION ADVISORY COMMITTEE The Parks and Recreation Advisory Committee shall advise the City Council as to all City parks and the buildings therein, public outdoor recreation areas and centers and any other grounds placed under its purview by the City Manager. Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. *Six (6) vacancies with terms to 8-23-21. Name District Larisa Ford District 4 Margareta Fratila District 3 Cody A Gregg District 5 Brent R Hess District 4 Daniel J. Riechers District 4 Erica G Tamez District 1 Eric Tunchez District 3 PARKS AND RECREATION ADVISORY COMMITTEE Applicants DATE:April 8, 2019 TO:Peter Zanoni, City Manager FROM:Miles Risley, City Attorney MilesR@cctexas.com 826-3873 Eddie Houlihan, Director of Management & Budget EddieH@cctexas.com 826-3792 CAPTION: Ordinance of the City Council of the City of Corpus Christi amending the franchise with AEP Texas Inc. to change compensation or consideration to be paid for use of the public rights-of-way; providing an effective date; providing for acceptance by AEP Texas Inc.; finding and determining that the meetings at which this ordinance was considered were open to the public and in accordance with Texas law. PURPOSE: The franchise with AEP Texas Inc. approved in January 2009 provides for a franchise fee to be paid to the City at the rate of $0.002417 per kilowatt hour. The franchise also provided for a franchise factor increase once every four years during the term of the franchise and no such increase has been enacted. The proposed ordinances would raise the franchise fee factor five percent to $0.0025378 per kilowatt hour. This Agenda item consists of two ordinances. The first ordinance is to establish the additional tariff to increase the franchise fee. The second ordinance amends the franchise to increase the compensation to be paid to the City. AEP has advised that it will take approximately six to nine months to implement the new franchise fee from date of passage of the ordinances. It is estimated that the increase will provide additional $500,000 franchise fee revenue during a full fiscal year. BACKGROUND AND FINDINGS: ALTERNATIVES: Do not increase the franchise fee factor. AEP Texas, Inc. Electric Franchise Fee 5% Increase AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 4/23/2019 Second Reading Ordinance for the City Council Meeting 8/13/2019 OTHER CONSIDERATIONS: Estimated that this increase would increase a 1000 kilowatt bill by approximately 12 cents per month. CONFORMITY TO CITY POLICY:Yes EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES:Legal and Budget departments FINANCIAL IMPACT: X Operating □ Revenue □ Capital □Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Funds will be deposited into the City’s General Fund. RECOMMENDATION: Approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 ORDINANCE NO. _____________ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AMENDING THE FRANCHISE WITH AEP TEXAS INC. TO CHANGE COMPENSATION OR CONSIDERATION TO BE PAID FOR USE OF THE PUBLIC RIGHTS-OF-WAY;PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY AEP TEXAS INC.; FINDING AND DETERMINING THAT THE MEETINGS AT WHICH THIS ORDINANCE WAS CONSIDERED WERE OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW. WHEREAS, Section 5 of the Franchise Agreement by and between the City of Corpus Christi (“City”) and AEP Texas Inc. (“AEP”), passed and approved by the Corpus Christi City Council on January 13, 2009, in the form of Ordinance No. 028022, provides for a franchise fee to be paid by AEP to the City in accordance with Section 33.008(b) of the Texas Utilities Code, and the rate provided by said statute is $0.002417 per kWh delivered by AEP to each retail customer whose consuming facility’s point of delivery is located within the corporate limits of the City; and, WHEREAS, Section 6 of said Franchise Agreement provides that the City may enact a franchise factor increase once every four (4) years during the term of the franchise, and that no such increase has been enacted since the effective date of the franchise; and, WHEREAS, the City desires to increase the amount of consideration or compensation paid by AEP to City for use of the public rights-of-way by five percent ($0.0001208 per kwh), resulting in an increase in the total franchise fee from a rate of $0.002417 per kWh to a rate of $0.0025378 per kWh delivered by AEP to each retail customer whose consuming facility’s point of delivery is located within the corporate limits of the City; and, WHEREAS, it is reasonable to condition the payment of the incremental franchise fee payments by AEP to the City upon the recovery of such payments from AEP’s customers; and 2 WHEREAS, by separate ordinance of even date herewith the City of Corpus Christi is authorizing AEP to recover the incremental franchise fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The findings and provisions set out in the preamble to this ordinance are hereby in all things approved and adopted.. Section 2. The existing franchise between the City and AEP is incorporated by reference herein and will be in full force and effect upon the effective date of this Ordinance except to the extent Section 5 thereof is modified by the following sections. Section 3. The amount of the franchise fee due from AEP, instead of that being provided by the existing ordinance and paid in accordance with Section 33.008(b) of the Texas Utility Code, shall be calculated by multiplying a factor of $0.0025378 per kWh times the total kWh delivered by AEP during each billing month to each retail customer whose consuming facility’s point of delivery is located within the corporate limits of the City of Ingleside. Section 4. The change in the franchisefee rate provided by Section 3 above is expressly conditioned upon AEP’s ability to recover the additional franchise fees paid to the City. In the event that the Public Utility Commission of Texas (“Commission”) or a court of competent jurisdiction finds that any portion of the franchise fees calculated under Section 3 above may not be recovered by AEP from its customers or in some manner prevents AEP from recovering said franchise fees, this Ordinance shall not obligate AEP to pay to the City of Corpus Christi any amount above the amount AEP is allowed to recover from its customers in accordance with Section 33.008(b) of the Texas Utility Code. If the Commission or court of competent jurisdiction orders AEP to refund to customers any amounts collected for the franchise fees paid 3 hereunder, such amount refunded shall be a credit against future franchise fees owed by AEP to the City of Corpus Christi. Section 5. The increased rate provided by Section 3 above shall be effective for any delivery of electricity that will be billed to the customer beginning in the January 2020 billing cycle and in subsequent billing cycles. Section 6. This Ordinance shall take effect upon its final passage, provided that AEP shall, within thirty (30) days from the final passage of this Ordinance, file its written acceptance of this Ordinance with the Office of the City Secretary. Section 7. It is hereby officially found and determined that the meetings at which this Ordinance was read and passed wereopen to the public as required by law and that public notice of the time, place and purpose of said meetings was given. READ, CONSIDERED, PASSED AND APPROVED, on first reading, this _____ day of ______________, 2019. READ, CONSIDERED, PASSED AND FINALLY APPROVED, on second reading, this _____ day of ______________, 2019. CITY OF CORPUS CHRISTI BY: ______________________________ Joe McComb, Mayor ATTESTED: BY: ________________________________ Rebecca L. Huerta, City Secretary APPROVED AS TO FORM: BY: _________________________________ Miles Risley, City Attorney 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor 5 STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, hereby CERTIFY that the above and foregoing is a true and correct copy of anordinance finally passed, adopted and approved by the City Council of the City of Corpus Christi, Texas, at a meeting duly and regularly called and held on ________________, 2019. IN TESTIMONY WHEREOF, witness my hand and seal of office, this ___ day of ______________, 2019. _________________________________ Rebecca L. Huerta, City Secretary of the City of Corpus Christi, Texas DATE:April 8, 2019 TO:Peter Zanoni, City Manager FROM:Miles Risley, City Attorney MilesR@cctexas.com 826-3873 Eddie Houlihan, Director of Management & Budget EddieH@cctexas.com 826-3792 CAPTION:Ordinance of the City Council of the City of Corpus Christi approving an additional tariff for the recovery of franchise fees not currently being recovered in base rates by AEP Texas Inc.; and finding and determining that the meetings at which this ordinance was considered were open to the public and in accordance with Texas law. PURPOSE: The franchise with AEP Texas Inc. approved in January 2009 provides for a franchise fee to be paid to the City at the rate of $0.002417 per kilowatt hour. The franchise also provided for a franchise factor increase once every four years during the term of the franchise and no such increase has been enacted. The proposed ordinances would raise the franchise fee factor five percent to $0.0025378 per kilowatt hour. This Agenda item consists of two ordinances. The first ordinance is to establish the additional tariff to increase the franchise fee. The second ordinance amends the franchise to increase the compensation to be paid to the City. AEP has advised that it will take approximately six to nine months to implement the new franchise fee from date of passage of the ordinances. It is estimated that the increase will provide additional $500,000 franchise fee revenue during a full fiscal year. BACKGROUND AND FINDINGS: ALTERNATIVES: Do not increase the franchise fee factor. AEP Texas, Inc. Electric Franchise Fee 5% Increase AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 4/23/2019 Second Reading Ordinance for the City Council Meeting 8/13/2019 OTHER CONSIDERATIONS: Estimated that this increase would increase a 1000 kilowatt bill by approximately 12 cents per month. CONFORMITY TO CITY POLICY:Yes EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES:Legal and Budget departments FINANCIAL IMPACT: X Operating □ Revenue □ Capital □Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Funds will be deposited into the City’s General Fund. RECOMMENDATION: Approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 ORDINANCE NO. _____________ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI APPROVING AN ADDITIONAL TARIFF FOR THE RECOVERY OF FRANCHISE FEES NOT CURRENTLY BEING RECOVERED IN BASE RATES BY AEP TEXAS INC.; AND FINDING AND DETERMINING THAT THE MEETINGS AT WHICH THIS ORDINANCE WAS CONSIDERED WERE OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW. WHEREAS, the current Franchise Agreement by and between the City of Corpus Christi (“City”) and AEP Texas Inc. (“AEP”), passed and approved by the Corpus Christi City Council on January 13, 2009, in the form of Ordinance No. 028022, provides that the City may enact a franchise factor increase once every four (4) years during the term of the franchise, and that no such increase has been enacted since the effective date of the franchise; and, WHEREAS, the City desires to increase the consideration or compensation for the use of the City’s public rights-of-way paid by AEP Texas Inc. by enacting an incremental franchise factor increase to be applied to any delivery for which the customer will receive a bill beginning in the January 2020 billing cycle, or subsequent billing cycles, resulting in an increase in the total franchise fee from a rate of $0.002417 per kWh to a rate of $0.0025378 for each kWh delivered by AEP to each retail customer whose consuming facility’s point of delivery is located within the corporate limits of the City of Corpus Christi; and, WHEREAS, it is reasonable to allow AEP to recover the incremental cost of franchise fees paid to the City of Corpus Christi, and the change in the per kWh rate is not currently reflected in AEP’s base rates; and, WHEREAS, the Franchise Agreement conditions the franchise compensation paid to the City by AEP upon the recovery of such payments from its customers; and, 2 WHEREAS, the effective date of the increase of the franchise fees establishes good cause to allow the tariff that provides for the recovery of the additional franchise fees to go into effect at the same time. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The findings and provisions set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The attached tariff, Exhibit A, is incorporated herein and hereby approved. It allows the recovery of an incremental franchise fee to be paid to the City of Corpus Christi. Exhibit A shall be in full force and effect for any billings by AEP during the January 2020 and subsequent billing cycles. Section 3. In the event that this Ordinance to change the level of franchise compensation paid to the City, as anticipated by this Ordinance, does not pass or is found by a court of competent jurisdiction not to have been lawful, the attached tariff shall be in effect only to the extent necessary for AEP to recover additional fees paid to the City of Corpus Christi over what would have been paid under the previous franchise fee rate, and AEP shall refund to its customers any excess amounts collected. Section 4. It is hereby officially found and determined that the meetings at which this Ordinance passed were open to the public as required by law and that public notice of the time, place and purpose of said meetings were given. READ, CONSIDERED, PASSED AND APPROVED, on first reading, this _____ day of ______________, 2019. READ, CONSIDERED, PASSED AND FINALLY APPROVED, on second reading, this _____ day of ______________, 2019. 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor 4 CITY OF CORPUS CHRISTI BY: ______________________________ Joe McComb, Mayor ATTESTED: BY: ________________________________ Rebecca L. Huerta, City Secretary APPROVED AS TO FORM: BY: _________________________________ Miles Risley, City Attorney 5 STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, hereby CERTIFY that the above and foregoing is a true and correct copy of anordinance finally passed, adopted and approved by the City Council of the City of Corpus Christi, Texas, at a meeting duly and regularly called and held on ________________, 2019. IN TESTIMONY WHEREOF, witness my hand and seal of office, this ___ day of ______________, 2019. _________________________________ Rebecca L. Huerta, City Secretary of the City of Corpus Christi, Texas 6 EXHIBIT A AEP Texas Inc. TARIFF FOR MUNICIPAL FRANCHISE FEES Applicable:Within City Limits of Corpus Christi, Texas Effective Date:Upon effective date of Ordinance Approving Tariff Municipal Franchise Fee Charge AVAILABILITY This schedule is applicable to all electric service rendered by AEP Texas Inc. to customers within the City Limits of Corpus Christi, Texas. MONTHLY RATE Municipal Franchise Fee $0.0001208 TERMS AND CONDITIONS Electric Service will be furnished in accordance with AEP Texas Inc.’s tariff manual and standard terms and conditions. DATE:June 27, 2019 TO:Peter Zanoni, City Manager FROM:Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 CAPTION: Case No. 0619-01: Mt. Olive Lutheran Church Council (District 5). Ordinance rezoning property at or near 5101 Saratoga Boulevard (State Highway 357) from the “RS-6” Single- Family 6 District to the “ON” Neighborhood Office District. PURPOSE: The purpose of this item is to allow for the construction of insurance office building. BACKGROUND AND FINDINGS: The subject property is 0.689 acres in size. The owner is proposing the construction of insurance office building. The current zoning is “RS-6” Single-Family 6 District which allows single-family homes on a minimum 6,000 sq. ft. lot. The proposed zoning is the “ON” Neighborhood Office District which allows office, and limited retail, restaurants, hotel, and multifamily uses. ALTERNATIVES: 1. Deny the request of “ON” Neighborhood Office District. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is not planned for commercial uses. However, the proposed Rezoning property at or near 5101 Saratoga Boulevard (State Highway 357) AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting of 7/30/2019 Second Reading Ordinance for the City Council Meeting of 8/6/2019 rezoning to the “ON” Neighborhood Office District is generally consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: □Operating □ Revenue □ Capital (X) Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund:N/A Organization/Activity:N/A Mission Element:N/A Project #:N/A Account:N/A RECOMMENDATION: Planning Commission and Staff Recommendation (June 12, 2019): Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “ON” Neighborhood Office District. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0619-01 Mt. Olive Lutheran Church: Ordinance rezoning property at or near 5101 Saratoga Boulevard (State Highway 357) from the “RS-6” Single-Family 6 District to the “ON” Neighborhood Office District. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Mt. Olive Lutheran Church (“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, June 12, 2019, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the RS-6” Single- Family 6 District to the “ON” Neighborhood Office District and on Tuesday, July 30, 2019, 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 Mt. Olive Lutheran Church (“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 being 0.69 acres out of Lot 2, Block 1, Country Club Estates Unit 18, located along the south side of Saratoga Boulevard (State Highway 357), east of Long Meadow Drive, and west of South Staples Street (the “Property”), from the “RS-6” Single-Family 6 District to the “ON” Neighborhood Office District (Zoning Map No. 044034), as shown in Exhibits “A” and “B”. Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. 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. Page 2 of 5 SECTION 6. Publication shall be made in the City’s official publication as required by the City’s Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0619-01 Mt. Olive Lutheran Church\Council Documents\Ordinance (ON) - 0619-01 Mt. Olive Lutheran Church.docx Page 3 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter ______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter ______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 5 Exhibit A Page 5 of 5 Exhibit B STAFF REPORT Case No.0619-01 INFOR No. 19ZN1013 Planning Commission Hearing Date: June 12, 2019 Applicant& Legal DescriptionOwner: Mt. Olive Lutheran Church Applicant:Medina Consultants Location Address:5101 Saratoga Boulevard (State Highway 357) Legal Description:Being a 0.69-acre tract of land (30,000.16 sq. ft.) tract of land, and being out of the northeast corner of Lot 2, Block 1 of the Country Club Estates Unit-18, located along the south side of Saratoga Boulevard (State Highway 357), east of Long Meadow Drive, and west of South Staples Street.Zoning RequestFrom: “RS-6” Single-Family 6 District To:“ON” Neighborhood Office District Area: 0.689 acres Purpose of Request: To allow for the construction of an office building.Existing Zoning and Land UsesExisting Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 Vacant High Density Residential North “RS-6” Single-Family 6 Low Density Residential Medium Density Residential South “RS-TF” Two-Family Medium Density Residential High Density Residential East “RS-6” Single-Family 6 Low Density Residential Medium Density Residential West “RS-6” Single-Family 6 and “CN-1” Neighborhood Commercial Public/Semi-Public and Commercial Government and Commercial ADP, Map & ViolationsArea Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for high density residential uses. The proposed rezoning to the “ON” Neighborhood Office District is inconsistent with the Future Land Use Map. However, the proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 044034 Zoning Violations: None TransportationTransportation and Circulation: The subject property has approximately 100 feet of street frontage along Saratoga Boulevard (SH 357) which is designated as an “A3” Primary Arterial Street. According to the Urban Transportation Plan, a Primary Arterial Street can convey a capacity between 30,000 and 48,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W.Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Saratoga Boulevard (SH 357) “A3” Primary Arterial 130’ ROW 79’ paved 123’ ROW 91’ paved 30,953 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-6” Single-Family 6 District to the “ON” Neighborhood Office District to allow for the construction of an office building. Development Plan: The subject property is 0.689 acres in size. The applicant is proposing an office building. Existing Land Uses & Zoning: The subject property is currently zoned “RS-6” Single- Family 6 District, consists of vacant land, annexed in 1971, and is a portion of the Mt. Olive Lutheran Church property. To the north are single-family residences (Country Club Estates 5, 1966) zoned “RS-6” Single-Family 6 District. To the south are multifamily residences (Country Club Estates, 1978) zoned “RS-TF” Two-Family District. To the east are vacant single-family residential lots (Huntington Park Unit 1, 1983) zoned “RS-6” Single-Family 6 District. To the west is Mt. Olive Lutheran Church zoned “RS-6” Single-Family 6 District. Further to the west across Long Meadow Drive, are commercial properties consisting of restaurant, fitness and office uses (Regal Plaza) zoned “CN-1” Neighborhood Commercial District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water:8-inch C900 line located along Saratoga Boulevard (SH 357). Wastewater:8-inch VCP line located along the eastern property line. Gas:2-inch Service Line located along the eastern property line. Storm Water:Inlets along Saratoga Boulevard (SH 357). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for high density residential uses. The proposed rezoning to the “ON” Neighborhood Office District is generally consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational Staff Report Page 3 needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low-intensity residential areas. (Southside ADP, Policy Statement B.7). Department Comments: The proposed rezoning is inconsistent with the Future Land Use Map. However, the proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The proposed "ON" zoning is a transitional district that provides for limited office and commercial uses. The “ON” Neighborhood Office District limits the size of retail and restaurant uses. Additionally, the “ON” District prohibits more intense commercial uses such as Mini- Storage, Vehicle Sales/Service, Bars, and Night Clubs. A Type B Buffer Yard will be required along the property lines shared with single- family zoned properties. Type B Buffer Yards consist of 10-feet of buffer space and a 10 point requirement as defined in Section 7.9.7 of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (June 12, 2019): Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “ON” Neighborhood Office District. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained:0 Public NotificationNumber of Notices Mailed – 18 within 200-foot notification area 5 outside notification area As of June 7, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 1 inside notification area – 0 outside notification area Totaling 4.13% 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\2019\0619-01 Mt. Olive Lutheran Church\PC Documents\Staff Report_0619-01 Mt. Olive Lutheran Church.docx Staff Report Page 4 Staff Report Page 5 City Council Presentation July 30, 2019 Zoning Case #0619-01 Mt. Olive Lutheran Church Rezoning for a Property at 5101 Saratoga Boulevard (SH 357) 2 Aerial Overview Subject Property at 5101 Saratoga Boulevard (SH 357) 3 4.62 Acre Remainder N 4 Zoning Pattern 5 Planning Commission and Staff Recommendation Approval of the “ON” Neighborhood Office District 6 Public Notification 18 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 1 (4.13%) In Favor: 0 X 7 UDC Requirements Buffer Yards: ON to RS-6: Type B: 10’ & 10 pts. Setbacks: Street: 20 feet Sides/Rear: 10 feet Parking: 2.4 per 1,000 SF GFA Landscaping, Screening, and Lighting Standards Uses Allowed: Retail, Office, Restaurants, Hotel, and Multifamily Uses. 8 Utilities Water: 8-inch C900 Wastewater: 8-inch VCP Gas: 2-inch Service Line Storm Water: On-street inlets AGENDAMEMORANDUM First Reading Ordinance for the City Council Meeting of 7/30/2019 Second Reading Ordinance for the City Council Meeting of 8/13/2019 DATE:July 1, 2019 TO:Peter Zanoni, City Manager FROM:Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Partial easement closure for property located at 3729 Berkeley Drive CAPTION: Ordinance abandoning and vacating a 4-foot wide by approximately 107-feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Drive. PURPOSE: The purpose of this ordinance is to close, abandon and vacate a portion of an existing utility easement to facilitate the future sale of the home, located at 3729 Berkeley Drive. BACKGROUND AND FINDINGS: The City, on behalf of Foster Dynamic Design, LLC (owner) is requesting to abandon and vacate a 4-foot wide by approximately 107-feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Drive. This abandonment and vacation of a portion of the utility easement is being requested by the owner because of a title company survey that found the house foundation encroaching into the easement. The encroachment was not identified during the City’s foundation inspection. All public and franchised utilities were contacted and there are no objections regarding the proposed partial utility easement closure. The closure is being requested to facilitate the future sale of the home. ALTERNATIVE: Denial of the proposed utility easement closure will adversely impact the Owner’s ability to sell the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: All public andfranchised utilities were contacted and there were no stated objectionsregarding the partial utility easement closure. FINANCIAL IMPACT: □Operating □ Revenue □ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: Organization/Activity Mission Element: Project # Account: RECOMMENDATION: Staff recommends approval of the easement closure. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation Ordinance abandoning and vacating a 4-foot wide by approximately 107-feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Dr. WHEREAS, the City, on behalf of Foster Dynamic Design, LLC. (Owner) is requesting to abandon and vacate a 4-feet wide by approximately 107-feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Drive. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of the City, acting as agent on behalf of Foster Dynamic Design, LLC. (“Owner”), is requesting the abandonment and vacation of a 4- foot wide by approximately 107-feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3 Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Drive, as recorded in volume 68, page 954-955, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi (“City”), subject to the Owner’s compliance with the conditions specified in Section 2 of this ordinance. Exhibit “A,” which is a metes and bounds description and field notes, “Exhibit B,” which is the graphical representation of the legal description, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner’s compliance with the following requirements: a.Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners’ expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Failure to record within 180 days will hereby make the Ordinance null and void. b.The maintenance responsibilities for the vacated easement reverts to the Owner of the property. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor City Council Presentation July 30, 2019 Easement Closure For Lot 3, Block 4, Manhattan Estates Unit 7 (3729 Berkeley Drive) Vicinity Map Airline Rd3729 Berkeley DR Aerial Overview 10’ PUE 4’ Encroachment Staff Recommendation Approval Detail Slide Easement encroachment DATE:July 8, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance authorizing the acceptance of a grant from the Office of the Attorney General for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,100.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,100.00 in the Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Office of Juvenile Justice and Delinquency Prevention Internet Crimes against Children Task Force program has approved a grant for the Corpus Christi Police Department Internet Crimes Against Children Task Force (ICAC). The ICAC is a national network of 61 coordinated task forces representing over 4,500 federal, state, and local law enforcement, and prosecutorial agencies. These agencies are continuously engaged in proactive and reactive investigations and prosecutions of persons involved in child abuse and exploitation involving the Internet. The Police Department has been a member of the ICAC since 2003. The funds are made available to the City by virtue of being a member of the Task Force. Each year we are advised by ICAC how much money we will be awarded. These funds will be used for the renewal of computer software licenses, BlackBag Blacklight, X-Ways Forensics software, and Passware Kit Forensics license. Other supplies to be purchased include a microscope, digital camera for microscope, internal hard drives, and other types of tools needed to dismantle and discern if a computer has been involved with child pornography. There is no match required by the City. Funds are Accepting and appropriating a grant for the Internet Crimes Against Children (ICAC) Task Force program AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting July 30, 2019 Second Reading Ordinance for the City Council Meeting August 13, 2019 available from June 1, 2019 through August 31, 2019. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating □ Revenue □ Capital □Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $10,100 0 $10,100 BALANCE Funding Detail: Fund:1061 Police Grants Organization/Activity: Mission Element:052 Investigate Crime Project # (CIP Only): Account:520090 Minor Tools and Equipment RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award letter Grant budget Ordinance Authorizing the acceptance of a grant from the Office of the Attorney General for Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,100.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,100.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Office the Attorney General for Internet Crimes Against Children (ICAC) Task Force program in the amount of $10,100.00 to purchase equipment and supplies for the ICAC program within the Police Department. SECTION 2. That $10,100.00 is appropriated from the Attorney General for Internet Crimes Against Children (ICAC) Task Force Program in the No. 1061 Police Grants Fund to purchase equipment and supplies for the ICAC program within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor Office of the Attorney General Grants Administration Division FY 2019 Detailed Budget $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 700 $ $ 700 $ 400 $ $ 400 $ 80 $ $ 80 $ 60 $ $ 60 $ 85 $ $ 85 $ 55 $ $ 55 $ 2,100 $ $ 2,100 $ 320 $ $ 320 $ 20 $ $ 20 $ 10 $ $ 10 $ 20 $ $ 20 $ 15 $ $ 15 $ 1,500 $ $ 1,500 $ 100 $ $ 100 $ 5,465 $ $ 5,465 $ 1,380 $ $ 1,380 $ 1,070 $ $ 1,070 $ 1,095 $ $ 1,095 $ 1,090 $ $ 1,090 $ 4,635 $ $ 4,635 $ 10,100 $ $ 10,100 Dual Solder Reel T18 Soldering Tips 5-Pack 8 TB Internal Hard Drives HDD (10) EQUIPMENT Tools (1 Phone Opener, 1 Probe & Pick Set, 1 Tweezer Set, 1 3rd Hand Tools with Tweezers, 1 Micro Cutter, 1 Long-nose Pliers) Solder Rolls ( 24-6337-0027 and 24-6337-0010) Write Blocker Rework Station SUPPLIES Microscope 4 Pack Polyimide Tape Supplies Total OTHER DIRECT OPERATING EXPENSES BlackBag BlackLight Renewal (2) X-Ways Forensics BYOD software renewal Passware Kit Forensic Renewal (2) Passware Kit Forensic License TOTAL BUDGET Other Direct Operating Expenses Total USB Adapter (3) Grantee Budget Version Grant Period County Initial Corpus Christi Police Department 1994912 Internet Crimes Against Childen (ICAC) Corpus Christi Nueces June 1, 2019 - August 31, 2019 Desoldering Braids (3 MG #1, 3 MG #2, 3 MG #3, 3 MG #4) SMD-291 No Clean Flux City Grant Title Grant Number Digital Camera for Microscope Mats (1 Soldering and 3 Magnetic Project) Equipment Total Office of the Attorney General Grants Administration Division Date Contact Person: Office of the Attorney General Internet Crimes Against Children (ICAC) Date of Invoice: Fiscal Year 2019 Invoice 2018-MC-FX-K065 Corpus Christi Police Department Zip Code: Date Received by Grants Administration Division of the OAG: For OAG Use Only Date Received by OAG-Accounting:GAD Fiscal Approval / Date Signature of Authorized Official or Alternate Designee Authorized Official or Designee Signature Note - 5: Must be signed by the Authorized Official or the Alternate Designee. Typed Name of Authorized Official or Alternate Designee and Title Mailing Address: City: Texas TIN: Invoice #: Month of Service Title: Organization Name: State: Invoices@oag.texas.gov Email To: Grants Administration Division Contact: Email Address: Title: Criminal Justice Grant Manager Telephone: Email: Jessica.Bazan@oag.texas.gov Telephone: (512) 936-2913 Amount of Claim Jun-19 Note - 3: None of the costs billed under this invoice have been charged to any other state or federal grant, contract, or any other funding source. I certify that the expenses being requested for reimbursement are correct and unpaid. Description of Services: Note 2: Reimbursement for services rendered on a contract basis under the Internet Crimes Against Children to the Office of the Attorney General (Term: June 1, 2019 to August 31, 2019). Note - 4: The Amount of Claim must be equal to the amount stated in "Total" line in the appropriate Service Month on the Financial Status Report (FSR). Note - 1: Invoice must be received no later than 20 days after service period. Grant Number:PCA Code: 158001994912 Office of the Attorney General Grants Administration Division Contract No. ICAC PROJECT FY 2019 Current Approved Budget Sept. 2018 Oct. 2018 Nov. 2018 1st Qtr Total Qtrly %Dec. 2018 Jan. 2019 Feb. 2019 2nd Qtr Total Qtrly % Budget Category Salary 0 0.00 0%0.00 0%0.00 0.00 0% Fringe 0 0.00 0%0.00 0%0.00 0.00 0% Prof/Consultant 0 0.00 0%0.00 0%0.00 0.00 0% Travel 0 0.00 0%0.00 0%0.00 0.00 0% Equipment 0 0.00 0%0.00 0%0.00 0.00 0% Supplies 5,465 0.00 0%0.00 0%5,465.00 5,465.00 0% Other DOE 4,635 0.00 0%0.00 0%4,635.00 4,635.00 0% Total 10,100 0.00 0.00 0.00 0.00 0%0.00 0.00 0.00 0.00 0%10,100.00 0.00 10,100.00 1,010.00 ICAC PROJECT FY 2019 Current Approved Budget Mar. 2019 Apr. 2019 May 2019 3rd Qtr Total Qtrly %Jun. 2019 Jul. 2019 Aug. 2019 4th Qtr Total Qtrly % Budget Category YTD Total Total %YTD Balance Balance % Salary 0 0.00 0%0.00 0%0.00 0%0.00 0% Fringe 0 0.00 0%0.00 0%0.00 0%0.00 0% Prof/Consultant 0 0.00 0%0.00 0%0.00 0%0.00 0% Travel 0 0.00 0%0.00 0%0.00 0%0.00 0% Equipment 0 0.00 0%0.00 0%0.00 0%0.00 0% Supplies 5,465 0.00 0%0.00 0%0.00 0%5,465.00 100% Other DOE 4,635 0.00 0%0.00 0%0.00 0%4,635.00 100% Total 10,100 0.00 0.00 0.00 0.00 0%0.00 0.00 0.00 0.00 0%0.00 0%10,100.00 100% -$ ---------------------------------------------Actual ICAC Grant Expenditures----------------------------------------- 1st Quarter 2nd Quarter Organization Name: % of Change by Line Item Increase or Decrease Budget Adjustment or FY 2019 Revised Approved Budget Corpus Christi Police Department FY 2019 Current Approved Budget Increase or Decrease 1994912 10% Budget Modification 10% of budget Negative Amount Total: ---------------------------------------------Actual ICAC Grant Expenditures----------------------------------------- Year-to-Date Financial Information 4th Quarter3rd Quarter Preparer's Comments: DATE:July 30, 2019 TO:Peter Zanoni, City Manager FROM:Kevin Norton, Director of Water Utilities Kevinn@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Ordinance appropriating $77,350.00 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures by $77,350.00; and approving the purchase of four trailer-mounted portable air compressors from ROMCO Power Systems of Corpus Christi, Texas, via NJPA- Sourcewell Cooperative for a total amount not to exceed $77,350.00 funded from the Fleet Maintenance Service Fund. PURPOSE: This item is to approve the purchase of four trailer-mounted portable air compressors for the Gas Department. BACKGROUND AND FINDINGS: The Gas Department currently has a need to purchase four trailer-mounted portable air compressors. These units are all replacement units, and require replacement now that they exceed their life cycle of 8 years. One unit being replaced is 29 years old, another one is 23 years old and two are 19 years old. These portable air compressors are used as the final step to check the City’s gas mains before they can be put into service. The mains, after either welded or fused, are pressure tested for a period of time to check for leaks. The purchase of these air compressors is through the NJPA - Sourcewell Cooperative. Contracts awarded through the NJPA - Sourcewell Purchasing Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. Four Trailer-mounted Portable Air Compressors for Gas Department AGENDA MEMORANDUM First Reading for the City Council Meeting of July 30, 2019 Second Reading for the City Council Meeting of August 13, 2019 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: Gas Department FINANCIAL IMPACT: X Operating □ Revenue □Capital □ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $8,071,021.11 $0.00 $8,071,021.11 Encumbered / Expended Amount $7,332,643.94 $0.00 $7,332,643.94 This item $77,350.00 $0.00 $77,350.00 BALANCE $661,027.27 $0.00 $661,027.17 Funding Detail: Fund:5110 Fleet Maintenance Service Organization/Activity:40120 Equipment Purchases- Fleet Mission Element:202 Maintain the fleet Project # (CIP Only): N/A Account:550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of the action as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Ordinance appropriating $77,350.00 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures by $77,350.00; and approving the purchase of four trailer-mounted portable air compressors from ROMCO Power Systems of Corpus Christi, Texas, via NJPA-Sourcewell Cooperative for a total amount not to exceed $77,350.00 funded from the Fleet Maintenance Service Fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.That funds in the amount of $77,350.00 are appropriated from the Fleet Fund Future Replacement Reserve and appropriated into the Equipment Purchase expenditure Org. 40120 in Fleet Fund No. 5110 for the purchase of four trailer-mounted portable air compressors from ROMCO Power Systems. SECTION 2.That the FY2018-19 operating budget adopted by Ordinance No. 031548 is amended by increasing expenditures by $77,350.00. SECTION 3.That the City Manager, or designee, is authorized to execute all documents necessary to purchase of four trailer-mounted portable air compressors from ROMCO Power Systems of Corpus Christi, Texas, based on the cooperative purchasing agreement with NJPA-Sourcewell Cooperative, for a total amount not to exceed $77,350.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor CITY OF CORPUS CHRISTI Contracts and Procurement Buyer: Cynthia Perez Price Sheet Portable Air Compressors for Gas Department NJPA Contract #032515-ACC Unit Extended Price Price 1 New Atlas Copco XAS 185 KDT4F Hardhat Portable Air Compressor 4 EA. $19,250.00 $77,000.00 2 Freight 1 EA.$350.00 $350.00 TOTAL:$77,350.00 ROMCO Power Systems Corpus Christi, TX ITEM DESCRIPTION QTY.UNIT Project No.: E15106 1 MA/LH Legistar No.: 19-0740 Rev. 3 – 07/19/19 AGENDA MEMORANDUM First Reading for the City Council Meeting of July 30, 2019 Second Reading for the City Council Meeting of August 13, 2019 DATE:July 17, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Albert Quintanilla, P. E., Director of Street Operations albertq@cctexas.com (361) 826-1957 CAPTION: Ordinance awarding a contract to Haas-Anderson Construction, LTD in the amount of $11,016,599.50 for construction of Ayers Street Pedestrian improvements and turn lane addition from South Padre Island Drive (SPID) to Gollihar Road for the base bid and additive alternate no. 1 with asphalt pavement; amending the FY2019 Capital Improvement Program Budget to support the use of Bond 2014 Proposition 1 funds, increase the budget, and funds are available in Bond 2014 Streets and various utility funds. PURPOSE: This provides for construction of the Ayers Street Pedestrian Improvement & Turn Lane Addition Project to implement critical roadway and sidewalk improvements to enhance public safety along this corridor. BACKGROUND AND FINDINGS: The Ayers Street Pedestrian Improvements & Turn Lane Addition project was approved in the Bond 2014 Program with a budget of $2,000,000. The project was a late addition by City Council to the Bond 2014, Proposition 2 as the result of a pedestrian fatality that occurred along that section of roadway. The project did not have the benefit of a feasibility study or preliminary engineering report as the basis of the project budget. The original roadway was a 2-lane rigid concrete pavement that was constructed by the Navy in the 1950’s as part of the construction of the Cabaniss Field Navy Outlying Field. Ayers Street Construction Contract Ayers Street Pedestrian Improvements & Turn Lane Addition (Bond 2014, Proposition 2) Project No.: E15106 2 MA/LH Legistar No.: 19-0740 Rev. 3 – 07/19/19 was widened in the 1970’s and incorporated the rigid concrete into the center lanes of the base/subgrade section of the new asphalt (HMAC) roadway. Currently, Ayers Street from Gollihar to McArdle is 4-lanes with designated left-hand turn lanes at both the Gollihar and McArdle intersections. Ayers Street from McArdle to SPID is 5-lanes with designated left-hand turn lanes at McArdle, and the Mission Plaza mall on Ayers near Nemec Street. The project requires converting existing roadside drainage ditches to underground culverts with new sidewalks, ADA ramps, curb & gutter, and driveway adjustments. The project includes widening and profile adjustments to accommodate a new center turn lane and dedicated right turn lanes at both Sunnybrook and Mansheim intersections. The signal improvements needed due to widening are included in the Highway Safety Improvements Program (HSIP). This project includes existing on-street head-in parking that must be accommodated to incorporate the new sidewalks and drainage improvements. During the design phase, it was a challenge to provide technically sound design solutions within the scope as described in the brochure language. As design evolved, the scope began to resemble more of a full-reconstruction bond project than a limited retrofit of pedestrian facilities. The project was originally advertised to bid in February 2018. After extensive contractor questions, the bid was withdrawn to address constructability concerns related to retrofitting improvements to the existing roadway and related structures. Contractors presented challenges with achieving proper compaction of existing materials (rigid concrete center and new asphalt pavement). There were also concerns related to the old concrete roadway that had been left in place when the road was elevated and widened. The major concern being inability to mill the rigid concrete, given the age and hardness, requiring full depth removal of the encroached rigid concrete with full depth replacement using asphalt pavement. In addition to constructability concerns, Contractors indicated bids would far exceed estimated cost with a few contractors indicating they may not bid the project at all. Therefore, the bid was cancelled, and a redesign strategy implemented to minimize encroachment ontothe rigidconcrete pavement and provide an alternative to reconstruct the entire pavement section. Staff worked with the design engineer to identify economies to reduce cost of the project. The design engineer completed the project redesign with a Base Bid for limited street rehab and Additive Alternative No. 1 for full street reconstruction (30-year design). The project also includes an extension of the ADA compliant sidewalk on the east side of Ayers Street from Gollihar to Port Avenue to connect pedestrian accessibility to the Regional Transportation Authority (RTA) Port- Ayers Transfer Station, jointly funded by the City and RTA (Interlocal Agreement approved by City Council in May 2016). The project was re-advertised and bids received in March 2019. Engineering Services and the Street Department believe the project, as revised, represents the best approach going forward. The project was developed with a Base Bid plus Additive Alternate No. 1 as follows: BASE BID – Widen approximately 3,000 linear feet of Ayers Street to accommodate the addition of a continuous center turn-lane with right turn lanes at SPID, McArdle and Gollihar, new curb & gutter, sidewalks and ADA curb ramps. The base bid includes mill & overlay of the existing pavement within the project limits with utility improvements for storm water, water, wastewater, and gas. This base bid also includes an extension of the sidewalk along the east side of Ayers Street from Gollihar to Port Avenue that is partially funded by the Regional Transit Authority (RTA) under an Interlocal Agreement. ADDITIVE ALTERNATE NO. 1 – Provides for full reconstruction of the entire pavement section and deletes the mill & overlay. Project No.: E15106 3 MA/LH Legistar No.: 19-0740 Rev. 3 – 07/19/19 On March 20, 2019 the City received proposals from three (3) bidders as shown below. BID SUMMARY CONTRACTOR BASE BID ADDITIVE ALT. NO. 1 TOTAL PROJECT BID Haas-Anderson Construction, Ltd. Corpus Christi, Texas $10,373,644.25 $642,955.05 $11,016,599.50 Clark Pipeline Services Corpus Christi, Texas $11,126,647.16 $1,929885.74 $13,056,532.90 Bay Ltd. Corpus Christi, Texas $11,854,859.00 $1,754,244.70 $13,609,103.70 Engineer’s Opinion of Probable Cost $6,501,705.87 $335,615.10 $6,837,320.97 The extended timeline from the bid date to this award was required to receive bids for the last major street project under Bond 2014; Morgan Street Reconstruction (Staples to Ocean Drive) Bond 2014 Proposition 1. This allowed City staff to determine the available funds from the Bond programs. The low bidders agreed to extend their bids during this time. City staff reconciled Bond 2014 Prop 1 and Prop 2 budgets and updated theestimates to complete all active and future Bond 2014 projects. The reconciliation concluded there are sufficient funds remaining in Bond 2014 combined with accrued interest ($2.5M) and previous tax notes used for design of Bond 2014 ($3.0M) to award the Base Bid and Additive Alternate 1 for the construction contract. Awarding the Base Bid and Additive Alternate 1 to Haas-Anderson Construction, Ltd. requires $5.28M of proceeds from Bond 2014 instead of the $2M originally authorized on Bond 2014 Prop 2. ALTERNATIVES: 1.Authorize award of a contract for construction. (Recommended) 2.Do not authorize award of a contract for construction. (Not Recommended) OTHER CONSIDERATIONS: Lockwood, Andrews & Newman, Inc. is the design engineer that was selected for this project under Request for Qualifications No. 2014-08 (February 2015). CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2018 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Operations Project No.: E15106 4 MA/LH Legistar No.: 19-0740 Rev. 3 – 07/19/19 FINANCIAL IMPACT: □Operating □ Revenue X Capital □ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 754,042.00 12,605,939.20 13,359,981.20 Encumbered / Expended Amount 754,042.00 754,042.00 This item 11,016,599.50 11,016,599.50 Future Anticipated Expenditures This Project 1,589,339.70 1,589,339.70 BALANCE 0.00 0.00 0.00 Funds: Street Bond 2014, RTA, Utilities CIP Funds This Item: Street Bond CIP Fund 3551: $5,208,044.33 RTA Receivable Fund 3530: 80,000.00 Storm Water CIP Fund 3497: 3,616,185.24 Water CIP Fund 4098: 1,761,077.18 Wastewater CIP Fund 4510: 332,409.31 Gas CIP Fund 4551: 18,883.44 RECOMMENDATION: Staff and Lockwood, Andrews and Newnam, Inc. recommend awarding the construction contract to Haas-Anderson Construction, Ltd. for the Base Bid plus Additive Alternate 1. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation Bid Tab ORDINANCE AWARDING A CONTRACT TO HAAS-ANDERSON CONSTRUCTION, LTD IN THE AMOUNT OF $11,016,599.50 FOR CONSTRUCTION OF AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITION FROM SOUTH PADRE ISLAND DRIVE (SPID) TO GOLLIHAR ROAD FOR THE BASE BID AND ADDITIVE ALTERNATE NO. 1 WITH ASPHALT PAVEMENT; AMENDING THE FY2019 CAPITAL IMPROVEMENT PROGRAM BUDGET TO SUPPORT THE USE OF BOND 2014 PROPOSITION 1 FUNDS, INCREASE THE BUDGET, AND FUNDS ARE AVAILABLE IN BOND 2014 STREETS AND VARIOUS UTILITY FUNDS. WHEREAS, in November 2014, voters approved Bond 2014, Proposition 2, that included the Ayers Street Pedestrian Improvements and Turn Lane Project from SPID to Gollihar (“Project”); WHEREAS, there are funds remaining from Bond 2014, Proposition 1 after making due provision for the Proposition 1 street improvement projects and required funds to complete the Project currently exist within Fund 3551 Street 2015 GO Bond 2014 reserves; and WHEREAS, the City Council approved the FY 2018 – 2019 Capital Improvement Program (CIP) Budget on its second reading on September 18, 2018, by Ordinance No. 031550; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.City Council supports the use and commitment of necessary funding from Bond 2014, Proposition 1 to be used on Bond 2014, Proposition 2 street improvement projects. SECTION 2.The FY 2019 Capital Improvement Budget adopted by Ordinance No. 031550 is amended to increase the budget in the amount of $4,405,715.00 for the Ayers Street Pedestrian Improvements and Turn Lane Project from South Padre Island Drive (SPID) to Gollihar Road. SECTION 3.The City Manager or designee is authorized to execute a construction contract with Haas-Anderson Construction of Corpus Christi, Texas in the amount of $11,016,599.50 for the Base Bid and Additive Alternate No. 1 for Ayers Street Pedestrian Improvements and Turn Lane Project from South Padre Island Drive (SPID) to Gollihar Road. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of _____________ 2019, by the following vote: Joe McComb ____________Michael Hunter ____________ Roland Barrera ____________Ben Molina ____________ Rudy Garza ____________Everett Roy ____________ Paulette M. Guajardo ____________Greg Smith ____________ Gil Hernandez ____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of _____________ 2019, by the following vote: Joe McComb ____________Michael Hunter ____________ Roland Barrera ____________Ben Molina ____________ Rudy Garza ____________Everett Roy ____________ Paulette M. Guajardo ____________Greg Smith ____________ Gil Hernandez ____________ PASSED AND APPROVED on this the _______ day of _____________ 2019. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor (South Padre Island Drive to Gollihar) (Bond 2014, Proposition 2) PROJECT FUNDS AVAILABLE: Bond 2014 Proposition 2……….......................................................................................................................................................6,405,715 Regional Transportation Authority….......................................................................................................................................80,000 Utilities…………………....................…................................................................................................................................................6,874,266 Storm Water…...........................................................................................................................................4,339,422 Water………......................................................................................................................................................2,113,293 Wastewater….............................................................................................................................................398,891 Gas…...................................…........................................................................................................................22,660 TOTAL FUNDS AVAILABLE…………………………........…………………………………………………………………………..13,359,981 FUNDS REQUIRED: Construction and Contingency Fees:……………………………………………………………………………………………………….11,567,529 Construction (Haas-Anderson Construction) THIS ITEM…………………………………………..........……………………………………..11,016,599 Street….............................................................................................................................................5,288,044 Utilities…..........................................................................................................................................5,728,555 Storm Water….................................................................................................3,616,185 Water….......................................................................................................1,761,077 Wastewater…..............................................................................................332,409 Gas….......................................................................................................18,883 Contingency (5%)……………...……………………………………………………………………………………………………………………….550,930 Construction Inspection and Testing Fees:………...................…………………………….……………………………………………………485,580 Construction Inspection (Estimate)…………………………………………..……………………………………………385,580 Construction Material Testing Services (Estimate)…...………………..……………………………………………………………………………….100,000 Design and Geotechnical Fees:………………...........................……………………………………………………………………………..754,042 Engineer (Lockwood, Andrews & Newnam.)….…………......…………………………………………………………………………………………….711,875 Geotech Testing (Rock Engineering)…..........................................................................................................................20,372 SUE Services (Cobb, Finley and Associates)…........................................................................................................21,795 Reimbursement Fees:……...………………………………………………………………………………………………………………….……………………..552,830 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) ……………………………………………………………………………….220,332 Engineering Services (Project Mgt)………………………………………………………………………………..330,498 Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..2,000 TOTAL………………………………………………………………………………………………………………………………………13,359,981 ESTIMATED PROJECT BUDGET BALANCE…………………………………………………………………………………………0 Ayers Street Pedestrian Improvements and Turn Lane Project PROJECT BUDGET ESTIMATE NUECES BAY LOCATION MAP NOT TO SCALE Ayers Street Pedestrian Improvements and Turn Lane (Bond 2014, Proposition 2) � N SCALE: N.T.S. PROJECT LOCATION CORPUS CHRISTI BAY LAGUNA MADRE Project Number: E15106 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES --- -- - Council Presentation July 30, 2019 Ayers Street Pedestrian Improvements and Turn Lane (Bond 2014, Proposition 2) 1 2 Project Location 3 Vicinity Map 4 Road Section 5 Project Scope The project includes a Base Bid plus an AdditiveAlternate No. 1 as follows: Base Bid: •Widening the existing 4-lane roadway to a narrow 5-lane section with designated turn lanes at Ayers/Mansheim and Ayers/Sunnybrook intersection •Traffic signalization improvements with pavement markings and signage •New curb & gutter, sidewalks, ADA ramps •Utility improvements for water, wastewater, gas and new underground storm water system •Mill and overlay of the entire roadway Additive Alternative No. 1:(Recommended) •Full reconstruction of the pavement section in lieu of a mill & overlay The Base Bid includes extending the ADA compliant sidewalk on the east to the Port-Ayers Bus Transfer Station with joint City/RTA funds TABULATED BY: Scott Harris, PE - LAN, Inc.Opinion of Probable Construction Cost (OPCC):$6,836,030 Bid DATE:20-Mar-18 TIME OF COMPLETION:485 Calendar Days Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part A - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) A1 MOBILIZATION (5% MAX)LS 1 500,000.00$ 500,000.00$ 542,250.00$ 542,250.00$ 586,500.00$ 586,500.00$ A2 BONDS LS 1 63,000.00$ 63,000.00$ 162,675.00$ 162,675.00$ 63,300.00$ 63,300.00$ A3 STORMWATER POLLUTION PREVENTION PLAN LS 1 50,000.00$ 50,000.00$ 18,075.00$ 18,075.00$ 65,000.00$ 65,000.00$ A4 SILT FENCE LF 3732 4.80$ 17,913.60$ 4.82$ 17,988.24$ 7.00$ 26,124.00$ A5 BLOCK SOD SY 5016 5.15$ 25,832.40$ 5.72$ 28,691.52$ 6.80$ 34,108.80$ A6 HYDROMULCH/SEEDING SY 6447 1.20$ 7,736.40$ 10.24$ 66,017.28$ 1.80$ 11,604.60$ A7 SILT FENCE (NORTH OF GOLLIHAR)LF 636 5.10$ 3,243.60$ 6.03$ 3,835.08$ 11.00$ 6,996.00$ A8 BLOCK SOD (NORTH OF GOLLIHAR)SY 427 6.65$ 2,839.55$ 9.34$ 3,988.18$ 8.90$ 3,800.30$ A9 TRAFFIC CONTROL ITEMS (SIGNS, BARRICADES, CHANNELIZING DEVICES, ETC.)MO 14 15,000.00$ 210,000.00$ 3,651.15$ 51,116.10$ 16,000.00$ 224,000.00$ A10 TRAFFIC CONTROL PLAN AND PREP LS 1 130,000.00$ 130,000.00$ 9,034.50$ 9,034.50$ 52,600.00$ 52,600.00$ A11 TRAFFIC CONTROL PLAN MOBILIZATION / ADJUSTMENTS EA 3 15,000.00$ 45,000.00$ 4,579.00$ 13,737.00$ 27,200.00$ 81,600.00$ A12 STORMWATER POLLUTION PREVENTION PLAN (NORTH OF GOLLIHAR)LS 1 10,000.00$ 10,000.00$ 1,807.50$ 1,807.50$ 10,200.00$ 10,200.00$ A13 TRAFFIC CONTROL ITEMS (SIGNS, BARRICADES, CHANNELIZING DEVICES, MO 3 5,000.00$ 15,000.00$ 3,651.15$ 10,953.45$ 12,700.00$ 38,100.00$ A14 TRAFFIC CONTROL PLAN AND PREP (NORTH OF GOLLIHAR)LS 1 15,000.00$ 15,000.00$ 4,217.50$ 4,217.50$ 3,600.00$ 3,600.00$ A15 TCP MOBILIZATION / ADJUSTMENTS (NORTH OF GOLLIHAR)EA 2 2,500.00$ 5,000.00$ 2,530.50$ 5,061.00$ 6,800.00$ 13,600.00$ A16 OZONE ACTION DAY DAY 5 3,000.00$ 15,000.00$ 180.75$ 903.75$ 460.00$ 2,300.00$ A17 SITE CLEARING AND STRIPPING AC 4 200,000.00$ 800,000.00$ 27,413.75$ 109,655.00$ 11,600.00$ 46,400.00$ SUBTOTAL PART A - GENERAL (Items A1 thru A17)1,915,565.55$ 1,050,006.10$ 1,269,833.70$ Part B - STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 REMOVE AND DISPOSE OF CONCRETE DRIVEWAYS SF 20905 1.90$ 39,719.50$ 5.02$ 104,943.10$ 11.00$ 229,955.00$ B2 REMOVE AND DISPOSE OF ASPHALT DRIVEWAYS SF 4991 0.75$ 3,743.25$ 3.77$ 18,816.07$ 7.10$ 35,436.10$ B3 REMOVE AND DISPOSE OF CONCRETE BUS PAD SF 1189 2.55$ 3,031.95$ 15.06$ 17,906.34$ 11.25$ 13,376.25$ B4 REMOVE AND DISPOSE OF MISC. CONCRETE SF 14543 2.50$ 36,357.50$ 6.03$ 87,694.29$ 6.30$ 91,620.90$ B5 STREET EXCAVATION SY 4515 17.00$ 76,755.00$ 21.91$ 98,923.65$ 19.00$ 85,785.00$ B6 STREET EXCAVATION - FULL DEPTH HMAC PAVEMENT REMOVAL AND DISPOSAL SY 9225 22.00$ 202,950.00$ 36.52$ 336,897.00$ 32.00$ 295,200.00$ B7 STREET EXCAVATION - FULL DEPTH CONCRETE PAVEMENT WITH HMAC OVERLAY REMOVAL AND DISPOSAL SY 162 102.00$ 16,524.00$ 60.25$ 9,760.50$ 36.00$ 5,832.00$ B8 FULL DEPTH PAVEMENT REPLACEMENT - 12" COMPACTED SUBGRADE PREPARATION (1' B.O.C.) SY 9387 4.15$ 38,956.05$ 15.97$ 149,910.39$ 11.50$ 107,950.50$ B9 FULL DEPTH PAVEMENT REPLACEMENT - GEOGRID (TENSAR BX1100 or TX- 5) SY 9387 2.55$ 23,936.85$ 8.65$ 81,197.55$ 5.20$ 48,812.40$ B10 FULL DEPTH PAVEMENT REPLACEMENT - 11" CRUSHED LIMESTONE BASE TYPE A GRADE 1-2 SY 9387 31.00$ 290,997.00$ 38.56$ 361,962.72$ 33.00$ 309,771.00$ B11 FULL DEPTH PAVEMENT REPLACEMENT - PRIME COAT (0.20 GALLONS/SY)GAL 1420 6.10$ 8,662.00$ 15.36$ 21,811.20$ 11.00$ 15,620.00$ B12 FULL DEPTH PAVEMENT REPLACEMENT - 5" TYPE 'B' HMAC, TXDOT ITEM 340, PG64-22 SY 7064 33.00$ 233,112.00$ 56.40$ 398,409.60$ 40.00$ 282,560.00$ B13 FULL DEPTH PAVEMENT REPLACEMENT - 3" TYPE 'D' HMAC, TXDOT ITEM 340, PG64-22 SY 7064 22.00$ 155,408.00$ 34.95$ 246,886.80$ 25.00$ 176,600.00$ B14 12" COMPACTED SUBGRADE PREPARATION (1' B.O.C.)SY 4515 4.15$ 18,737.25$ 12.35$ 55,760.25$ 8.80$ 39,732.00$ B15 GEOGRID (TENSAR BX1100 or TX-5)SY 4515 2.55$ 11,513.25$ 8.31$ 37,519.65$ 5.10$ 23,026.50$ B16 11" CRUSHED LIMESTONE BASE TYPE A GRADE 1-2 SY 4515 31.00$ 139,965.00$ 38.56$ 174,098.40$ 32.00$ 144,480.00$ B17 PRIME COAT (0.20 GALLONS/SY)GAL 730 6.10$ 4,453.00$ 11.81$ 8,621.30$ 8.40$ 6,132.00$ B18 5" TYPE 'B' HMAC, TXDOT ITEM 340, PG64-22 SY 3630 33.00$ 119,790.00$ 63.60$ 230,868.00$ 46.00$ 166,980.00$ TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Haas-Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 E15106 Bid Tabulation.xlsx (Project No. E15106)Printed: 3/26/2019 @ 11:03 AM Page 1 of 8 TABULATED BY: Scott Harris, PE - LAN, Inc.Opinion of Probable Construction Cost (OPCC):$6,836,030 Bid DATE:20-Mar-18 TIME OF COMPLETION:485 Calendar Days Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Haas-Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 B19 3" TYPE 'D' HMAC, TXDOT ITEM 340, PG64-22 SY 3630 22.00$ 79,860.00$ 42.18$ 153,113.40$ 30.00$ 108,900.00$ B20 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >0" TO <=1") SY 6825 2.45$ 16,721.25$ 6.27$ 42,792.75$ 4.50$ 30,712.50$ B21 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >1" TO <=2") SY 2940 4.90$ 14,406.00$ 12.05$ 35,427.00$ 8.70$ 25,578.00$ B22 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >2" TO <=4") SY 4360 9.80$ 42,728.00$ 12.95$ 56,462.00$ 9.40$ 40,984.00$ B23 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >4" TO <= 6") SY 2370 15.00$ 35,550.00$ 15.67$ 37,137.90$ 11.25$ 26,662.50$ B24 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >6" TO <= 8") SY 380 20.00$ 7,600.00$ 27.72$ 10,533.60$ 20.00$ 7,600.00$ B25 PLANING & TEXTURING CONCRETE PAVEMENT, TXDOT ITEM 354 & 483, SPECIAL SPEC. 3004 (TOTAL PLANING THICKNESS >0" TO <=2") SY 100 330.00$ 33,000.00$ 79.53$ 7,953.00$ 57.00$ 5,700.00$ B26 HMAC LEVEL-UP - TYPE 'D', TXDOT ITEM 340, PG64-22 TON 2900 125.00$ 362,500.00$ 204.85$ 594,065.00$ 150.00$ 435,000.00$ B27 1-1/2" MIN. HMAC OVERLAY - TYPE D, TXDOT ITEM 340, PG64-22 SY 16875 19.00$ 320,625.00$ 16.87$ 284,681.25$ 12.00$ 202,500.00$ B28 SAW CUT (1-1/2" MAX) EXISTING HMAC PAVEMENT AT FULL DEPTH PAVEMENT REMOVAL AND REPLACEMENT LF 8120 3.60$ 29,232.00$ 4.82$ 39,138.40$ 2.50$ 20,300.00$ B29 HMAC PAVEMENT CORE/DRILL HOLE - 1" DIA.EA 20 480.00$ 9,600.00$ 638.65$ 12,773.00$ 450.00$ 9,000.00$ B30 HMAC PAVEMENT CORE HOLE - 6" DIA.EA 9 691.00$ 6,219.00$ 674.80$ 6,073.20$ 490.00$ 4,410.00$ B31 CONCRETE DRIVEWAY (6" THICK)SY 3724 150.00$ 558,600.00$ 94.39$ 351,508.36$ 130.00$ 484,120.00$ B32 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(24")(SLD)(100 MIL) - STOP BAR LF 262 17.00$ 4,454.00$ 16.87$ 4,419.94$ 20.00$ 5,240.00$ B33 REFLECTIVE PREFORMED PAVEMENT MARKINGS TY.1 (W)(TRIANGLES)(SLD)(100 MIL) - YIELD BAR LF 20 30.00$ 600.00$ 30.13$ 602.60$ 36.00$ 720.00$ B34 REFLECTIVE PAVEMENT MARKINGS TY.1 (Y)(24")(SLD)(100 MIL) - ROAD LF 518 17.00$ 8,806.00$ 17.47$ 9,049.46$ 21.00$ 10,878.00$ B35 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(8")(SLD)(100 MIL) - ROAD LF 1344 0.95$ 1,276.80$ 0.96$ 1,290.24$ 1.15$ 1,545.60$ B36 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(4")(SLD)(100 MIL) - ROAD LF 2376 0.45$ 1,069.20$ 0.46$ 1,092.96$ 0.55$ 1,306.80$ B37 REFLECTIVE PAVEMENT MARKINGS TY.1 (Y)(4")(SLD)(100 MIL) - ROAD LF 7450 0.45$ 3,352.50$ 0.46$ 3,427.00$ 0.55$ 4,097.50$ B38 REFLECTIVE PAVEMENT MARKINGS TY.1 (B)(4")(SLD)(100 MIL) - PARKING LF 341 3.90$ 1,329.90$ 3.92$ 1,336.72$ 4.70$ 1,602.70$ B39 REFLECTIVE PAVEMENT MARKINGS TY.1 (Y)(4")(BKN)(100 MIL) - ROAD LF 870 0.50$ 435.00$ 0.48$ 417.60$ 0.60$ 522.00$ B40 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(4")(BKN)(100 MIL) - ROAD LF 1930 0.45$ 868.50$ 0.46$ 887.80$ 0.55$ 1,061.50$ B41 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(4")(BKN)(100 MIL) - ROAD - LANE-DROP LF 856 0.50$ 428.00$ 0.48$ 410.88$ 0.60$ 513.60$ B42 PREFABRICATED PAVEMENT MARKINGS TY.1 (W)(COMBO STRAIGHT/RIGHT TURN ARROW)(100 MIL) EA 1 451.00$ 451.00$ 451.88$ 451.88$ 540.00$ 540.00$ B43 PREFABRICATED PAVEMENT MARKINGS TY.1 (W)(RIGHT TURN ARROW)(100 MIL) EA 13 235.00$ 3,055.00$ 234.98$ 3,054.74$ 280.00$ 3,640.00$ B44 PREFABRICATED PAVEMENT MARKINGS TY.1 (W)(LEFT TURN ARROW)(100 MIL) EA 21 235.00$ 4,935.00$ 234.98$ 4,934.58$ 280.00$ 5,880.00$ E15106 Bid Tabulation.xlsx (Project No. E15106)Printed: 3/26/2019 @ 11:03 AM Page 2 of 8 TABULATED BY: Scott Harris, PE - LAN, Inc.Opinion of Probable Construction Cost (OPCC):$6,836,030 Bid DATE:20-Mar-18 TIME OF COMPLETION:485 Calendar Days Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Haas-Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 B45 PREFABRICATED PAVEMENT MARKINGS TY.1 (W)(DIRECTIONAL ARROW)(100 MIL) EA 13 632.00$ 8,216.00$ 632.63$ 8,224.19$ 750.00$ 9,750.00$ B46 PREFABRICATED PAVEMENT MARKINGS TY.1 (W)(WORD)"ONLY"(100 MIL)EA 18 331.00$ 5,958.00$ 331.38$ 5,964.84$ 390.00$ 7,020.00$ B47 RAISED REFLECTIVE PAVEMENT MARKINGS (TYII-A-A) YELLOW EA 246 3.90$ 959.40$ 3.92$ 964.32$ 4.70$ 1,156.20$ B48 RAISED REFLECTIVE PAVEMENT MARKINGS (TYII-C) WHITE EA 194 3.90$ 756.60$ 3.92$ 760.48$ 4.70$ 911.80$ B49 RAISED REFLECTIVE PAVEMENT MARKINGS (TYII-B-B) BLUE EA 19 3.90$ 74.10$ 3.92$ 74.48$ 4.70$ 89.30$ B50 COMBO STOP SIGN (R1-1)/STREET NAME SIGN (INCL. METAL POLE AND FOUNDATION) EA 5 933.00$ 4,665.00$ 933.88$ 4,669.40$ 1,100.00$ 5,500.00$ B51 SPEED LIMIT SIGN (R2-1)(INCL. METAL POLE AND FOUNDATION)EA 3 692.00$ 2,076.00$ 692.88$ 2,078.64$ 820.00$ 2,460.00$ B52 RIGHT TURN ONLY SIGN (R3-5R)(INCL. METAL POLE AND FOUNDATION)EA 2 632.00$ 1,264.00$ 632.63$ 1,265.26$ 750.00$ 1,500.00$ B53 RIGHT LANE MUST TURN RIGHT (R3-7)(INCL. METAL POLE AND FOUNDATION) EA 4 662.00$ 2,648.00$ 662.75$ 2,651.00$ 790.00$ 3,160.00$ B54 NO PARKING SIGN (R8-3)(INCL. METAL POLE AND FOUNDATION)EA 12 632.00$ 7,584.00$ 632.63$ 7,591.56$ 750.00$ 9,000.00$ B55 PEDESTRIAN CROSSING AHEAD SIGN (W11-2) (INCL. METAL POLE AND FOUNDATION) EA 1 692.00$ 692.00$ 692.88$ 692.88$ 820.00$ 820.00$ B56 LANE ENDS MERGE LEFT SIGN (W4-2) (INCL. METAL POLE AND FOUNDATION) EA 1 692.00$ 692.00$ 692.88$ 692.88$ 820.00$ 820.00$ B57 LANE-DROP SIGN (W4-2R) (INCL. METAL POLE AND FOUNDATION)EA 1 692.00$ 692.00$ 692.88$ 692.88$ 820.00$ 820.00$ B58 CENTER LANE ONLY W/ "BEGIN" (R3-9B)(M4-14)(INCL. METAL AND FOUNDATION) EA 8 752.00$ 6,016.00$ 753.13$ 6,025.04$ 890.00$ 7,120.00$ B59 CENTER LANE ONLY W/ "END" (R3-9B)(M4-6)(INCL. METAL AND FOUNDATION) EA 8 752.00$ 6,016.00$ 753.13$ 6,025.04$ 890.00$ 7,120.00$ B60 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS LS 1 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ SUBTOTAL PART B - STREET IMPROVEMENTS (Items B1 thru B60) 3,050,622.85$ 4,183,394.96$ 3,605,131.65$ Part C - RTA IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 CONCRETE BUS PAD SF 3960 23.00$ 91,080.00$ 153.04$ 606,038.40$ 30.00$ 118,800.00$ C2 6" TYPE A, GRADE 1 CRUSHED, LIMESTONE BASE PER TXDOT STD. ITEM NO. 247 SY 440 48.00$ 21,120.00$ 33.74$ 14,845.60$ 17.00$ 7,480.00$ C3 CONCRETE SHELTER PAD SF 1800 13.00$ 23,400.00$ 25.31$ 45,558.00$ 17.00$ 30,600.00$ C4 REMOVE CONCRETE CURB (NORTH OF GOLLIHAR)LF 139 6.35$ 882.65$ 24.10$ 3,349.90$ 77.00$ 10,703.00$ C5 REMOVE ASPHALT DRIVEWAY (NORTH OF GOLLIHAR)SF 1224 0.65$ 795.60$ 10.04$ 12,288.96$ 10.00$ 12,240.00$ C6 CONCRETE DRIVEWAY (6" THICK) (NORTH OF GOLLIHAR)SY 170 135.00$ 22,950.00$ 109.31$ 18,582.70$ 150.00$ 25,500.00$ C7 REMOVE EXISTING CONCRETE FLUME (NORTH OF GOLLIHAR)LS 1 339.00$ 339.00$ 12,652.50$ 12,652.50$ 2,700.00$ 2,700.00$ C8 REMOVE EXISTING CONCRETE SIDEWALK (NORTH OF GOLLIHAR)SF 372 1.25$ 465.00$ 6.03$ 2,243.16$ 14.50$ 5,394.00$ C9 REMOVE EXISTING RAMP (NORTH OF GOLLIHAR)SF 78 2.15$ 167.70$ 30.13$ 2,350.14$ 37.00$ 2,886.00$ C10 4" CONCRETE PEDESTRIAN SIDEWALK (NORTH OF GOLLIHAR)SF 2629 9.00$ 23,661.00$ 11.15$ 29,313.35$ 11.25$ 29,576.25$ C11 ADA CURB RAMP (NORTH OF GOLLIHAR)SF 660 23.00$ 15,180.00$ 33.74$ 22,268.40$ 33.00$ 21,780.00$ C12 CONCRETE HEADER CURBS AT CURB RAMPS AND LANDINGS (NORTH OF GOLLIHAR) LF 60 33.00$ 1,980.00$ 44.93$ 2,695.80$ 110.00$ 6,600.00$ SUBTOTAL PART C - RTA IMPROVEMENTS (Items C1 thru C12)202,020.95$ 772,186.91$ 274,259.25$ E15106 Bid Tabulation.xlsx (Project No. E15106)Printed: 3/26/2019 @ 11:03 AM Page 3 of 8 TABULATED BY: Scott Harris, PE - LAN, Inc.Opinion of Probable Construction Cost (OPCC):$6,836,030 Bid DATE:20-Mar-18 TIME OF COMPLETION:485 Calendar Days Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Haas-Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 Part D - ADA IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 REMOVE EXISTING CONCRETE SIDEWALK SF 2004 1.25$ 2,505.00$ 5.02$ 10,060.08$ 5.40$ 10,821.60$ D2 REMOVE EXISTING RAMP SF 510 1.95$ 994.50$ 30.13$ 15,366.30$ 22.00$ 11,220.00$ D3 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(24")(SLD)(100 MIL) - CROSSWALK LF 731 17.00$ 12,427.00$ 16.87$ 12,331.97$ 20.00$ 14,620.00$ D4 4" CONCRETE PEDESTRIAN SIDEWALK SF 29003 12.00$ 348,036.00$ 9.64$ 279,588.92$ 10.00$ 290,030.00$ D5 12" HIGH SIDEWALK RETAINING CURB LF 30 80.00$ 2,400.00$ 114.48$ 3,434.40$ 110.00$ 3,300.00$ D6 ADA CURB RAMP SF 3916 23.00$ 90,068.00$ 27.72$ 108,551.52$ 27.00$ 105,732.00$ D7 CONCRETE HEADER CURBS AT CURB RAMPS AND LANDINGS LF 370 33.00$ 12,210.00$ 44.93$ 16,624.10$ 47.00$ 17,390.00$ D8 VAN ACCESSIBLE PARKING SPACE (INCLUDES 4" BLUE REFLECTORIZED ACCESS AISLE PAVEMENT MARKINGS, WHITE ON BLUE INTERNATIONAL SYMBOL PAVEMENT MARKING, 4" BLUE REFLECTORIZED PARKING STRIPE & RESERVED PARKING SIGN) EA 3 1,440.00$ 4,320.00$ 14,399.75$ 43,199.25$ 640.00$ 1,920.00$ SUBTOTAL PART D - ADA IMPROVEMENTS (D1 THRU D8)472,960.50$ 489,156.54$ 455,033.60$ Part E - DRAINAGE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 REMOVE EXISTING HEADWALL LF 75 56.00$ 4,200.00$ 24.10$ 1,807.50$ 160.00$ 12,000.00$ E2 REMOVE EXISTING INLET TOP TO BE REMOVED & REPLACE W/CUSTOM LID TOP EA 2 3,900.00$ 7,800.00$ 1,988.25$ 3,976.50$ 4,200.00$ 8,400.00$ E3 REMOVE EXISTING GRATE INLET EA 21 730.00$ 15,330.00$ 1,205.00$ 25,305.00$ 1,800.00$ 37,800.00$ E4 REMOVE EXISTING GRATE INLET AND REPLACE W/ STANDARD GRATE INLET (NORTH OF GOLLIHAR) EA 2 5,010.00$ 10,020.00$ 2,410.00$ 4,820.00$ 10,700.00$ 21,400.00$ E5 REMOVE CURB AND GUTTER LF 421 6.35$ 2,673.35$ 8.03$ 3,380.63$ 38.00$ 15,998.00$ E6 REMOVE CONCRETE CURB LF 295 2.85$ 840.75$ 8.03$ 2,368.85$ 27.00$ 7,965.00$ E7 REMOVE EXISTING 18" RCP (SINGLE)LF 1117 30.00$ 33,510.00$ 21.09$ 23,557.53$ 62.00$ 69,254.00$ E8 REMOVE EXISTING 2-18" RCP (DUAL)LF 2161 60.00$ 129,660.00$ 46.86$ 101,264.46$ 78.00$ 168,558.00$ E9 REMOVE EXISTING 24" RCP LF 479 61.00$ 29,219.00$ 42.18$ 20,204.22$ 45.00$ 21,555.00$ E10 REMOVE EXISTING 36" RCP LF 358 94.00$ 33,652.00$ 98.41$ 35,230.78$ 86.00$ 30,788.00$ E11 18" RCP LF 1023 231.00$ 236,313.00$ 144.51$ 147,833.73$ 220.00$ 225,060.00$ E12 24" RCP LF 2042 190.00$ 387,980.00$ 153.54$ 313,528.68$ 190.00$ 387,980.00$ E13 36" RCP LF 1067 236.00$ 251,812.00$ 207.06$ 220,933.02$ 270.00$ 288,090.00$ E14 6'X3' BOX CULVERT LF 2171 447.00$ 970,437.00$ 449.87$ 976,667.77$ 510.00$ 1,107,210.00$ E15 TRENCH SAFETY FOR STORM WATER PIPE/BOX LF 6302 3.00$ 18,906.00$ 12.05$ 75,939.10$ 7.00$ 44,114.00$ E16 4' DIAMETER TYPE 'A' MANHOLE EA 10 4,910.00$ 49,100.00$ 7,260.13$ 72,601.30$ 7,300.00$ 73,000.00$ E17 5' DIAMETER TYPE 'A' MANHOLE EA 2 4,770.00$ 9,540.00$ 8,230.15$ 16,460.30$ 8,100.00$ 16,200.00$ E18 MANHOLE RISER EA 11 3,640.00$ 40,040.00$ 4,283.78$ 47,121.58$ 5,000.00$ 55,000.00$ E19 TRENCH SAFETY FOR STORM WATER MH/INLET/RISER EA 47 67.00$ 3,149.00$ 421.75$ 19,822.25$ 250.00$ 11,750.00$ E20 STD. 6" CURB AND GUTTER LF 7762 25.00$ 194,050.00$ 21.69$ 168,357.78$ 45.00$ 349,290.00$ E21 CONNECT PROP. 36" RCP TO EXISTING JUNCTION BOX EA 1 4,350.00$ 4,350.00$ 3,916.25$ 3,916.25$ 5,600.00$ 5,600.00$ E22 CONNECT TO EXISTING GRATE INLET EA 2 1,870.00$ 3,740.00$ 4,820.00$ 9,640.00$ 4,200.00$ 8,400.00$ E23 CONNECT TO EXISTING CURB INLET EA 3 1,870.00$ 5,610.00$ 5,422.50$ 16,267.50$ 4,000.00$ 12,000.00$ E24 5' CURB INLET EA 24 4,780.00$ 114,720.00$ 5,729.78$ 137,514.72$ 9,300.00$ 223,200.00$ E25 INLET PROTECTION EA 24 181.00$ 4,344.00$ 247.03$ 5,928.72$ 210.00$ 5,040.00$ E26 INLET PROTECTION (NORTH OF GOLLIHAR)EA 4 181.00$ 724.00$ 301.25$ 1,205.00$ 210.00$ 840.00$ E27 4'x4' GRATE INLET (GROUT FILLED TO FLOWLINE)EA 35 4,900.00$ 171,500.00$ 5,691.62$ 199,206.70$ 6,100.00$ 213,500.00$ E28 SAFETY END TREATMENT (S.E.T.) 36" RCP EA 3 3,400.00$ 10,200.00$ 3,514.58$ 10,543.74$ 4,600.00$ 13,800.00$ E15106 Bid Tabulation.xlsx (Project No. E15106)Printed: 3/26/2019 @ 11:03 AM Page 4 of 8 TABULATED BY: Scott Harris, PE - LAN, Inc.Opinion of Probable Construction Cost (OPCC):$6,836,030 Bid DATE:20-Mar-18 TIME OF COMPLETION:485 Calendar Days Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Haas-Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 E29 SITE GRADING AND EMBANKMENT SY 24124 2.60$ 62,722.40$ 22.20$ 535,552.80$ 23.00$ 554,852.00$ E30 GRADE EXISTING DITCH TO DRAIN SY 1118 6.15$ 6,875.70$ 19.43$ 21,722.74$ 26.00$ 29,068.00$ E31 CONCRETE WINGWALL WITH PARALLEL WINGS, TYPE PW-2, NON- SKEWED BOX CULVERT, STA. 10+63.16 LS 1 12,600.00$ 12,600.00$ 25,907.50$ 25,907.50$ 19,900.00$ 19,900.00$ E32 OUTFALL RIPRAP SY 20 146.00$ 2,920.00$ 102.43$ 2,048.60$ 850.00$ 17,000.00$ E33 5' CONCRETE VALLEY GUTTER LF 77 112.00$ 8,624.00$ 45.79$ 3,525.83$ 160.00$ 12,320.00$ E34 6" CONCRETE SLOPE PROTECTION, INCLUDING 24" TURNDOWN SY 21 221.00$ 4,641.00$ 514.54$ 10,805.34$ 460.00$ 9,660.00$ E35 LOW PROFILE CONCRETE BARRIERS EA 90 1,340.00$ 120,600.00$ 2,850.77$ 256,569.30$ 3,900.00$ 351,000.00$ E36 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ SUBTOTAL PART E - DRAINAGE IMPROVEMENTS (E1 THRU E36)2,987,403.20$ 3,546,535.72$ 4,452,592.00$ Part F - WATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 REMOVE AND SALVAGE EXISTING FIRE HYDRANT EA 11 1,350.00$ 14,850.00$ 876.84$ 9,645.24$ 580.00$ 6,380.00$ F2 GROUT & ABANDON-IN-PLACE EXISTING 8" WATERLINE LF 1553 20.00$ 31,060.00$ 14.34$ 22,270.02$ 30.00$ 46,590.00$ F3 GROUT & ABANDON-IN-PLACE EXISTING 24" WATERLINE LF 155 46.00$ 7,130.00$ 35.31$ 5,473.05$ 65.00$ 10,075.00$ F4 6" C900 PVC WATERLINE BY OPEN CUT LF 25 142.00$ 3,550.00$ 122.31$ 3,057.75$ 330.00$ 8,250.00$ F5 8" C900 PVC WATERLINE W/ RESTRAINED JOINTS BY OPEN CUT LF 750 102.00$ 76,500.00$ 123.04$ 92,280.00$ 120.00$ 90,000.00$ F6 8" DIA. FUSIBLE PVC WATERLINE BY HDD LF 890 289.00$ 257,210.00$ 161.47$ 143,708.30$ 150.00$ 133,500.00$ F7 20" PVC (C905 SDR18) WATERLINE W/ RESTRAINED JOINTS BY TRENCHLESS METHOD LF 164 912.00$ 149,568.00$ 154.24$ 25,295.36$ 690.00$ 113,160.00$ F8 20" PVC (C905 SDR18) WATERLINE W/ RESTRAINED JOINTS BY OPEN CUT LF 16 669.00$ 10,704.00$ 448.26$ 7,172.16$ 540.00$ 8,640.00$ F9 24" DIA. TEMPORARY LINE STOP EA 2 51,200.00$ 102,400.00$ 26,510.00$ 53,020.00$ 40,400.00$ 80,800.00$ F10 ADD EXTERNAL RESTRAINT TO EXISTING 24-INCH DIP PIPE JOINTS EA 16 3,870.00$ 61,920.00$ 2,018.38$ 32,294.08$ 4,500.00$ 72,000.00$ F11 2-INCH COMBO LOW PROFILE AIR RELEASE VALVES W/VENTS BOLLARDS AND MANHOLE EA 1 21,600.00$ 21,600.00$ 11,568.00$ 11,568.00$ 25,800.00$ 25,800.00$ F12 REMOVE EXISTING 24" DIP WATERLINE AT CROSSING W/ PROPOSED RCB LF 30 126.00$ 3,780.00$ 73.91$ 2,217.30$ 140.00$ 4,200.00$ F13 24-INCH CUT AND PLUG D.I. M.J.EA 2 4,230.00$ 8,460.00$ 1,037.51$ 2,075.02$ 7,100.00$ 14,200.00$ F14 8-INCH CUT AND PLUG D.I. M.J.EA 5 3,140.00$ 15,700.00$ 843.50$ 4,217.50$ 2,500.00$ 12,500.00$ F15 6-INCH CUT AND PLUG D.I. M.J.EA 1 2,370.00$ 2,370.00$ 638.65$ 638.65$ 3,600.00$ 3,600.00$ F16 24" X 20" ECCENTRIC TOP REDUCER D.I. M.J.EA 2 4,180.00$ 8,360.00$ 2,776.72$ 5,553.44$ 6,700.00$ 13,400.00$ F17 24"X20" TAPPING SLEEVE & VALVE (TS&V) W/BOX EA 2 37,100.00$ 74,200.00$ 24,401.25$ 48,802.50$ 57,600.00$ 115,200.00$ F18 8"X8" TAPPING SLEEVE & VALVE (TS&V) W/BOX EA 5 7,340.00$ 36,700.00$ 3,843.95$ 19,219.75$ 8,100.00$ 40,500.00$ F19 8"X6" TAPPING SLEEVE & VALVE (TS&V) W/BOX EA 16 5,800.00$ 92,800.00$ 2,892.00$ 46,272.00$ 7,300.00$ 116,800.00$ F20 6"X6" TAPPING SLEEVE & VALVE (TS&V) W/BOX EA 1 6,220.00$ 6,220.00$ 3,012.50$ 3,012.50$ 7,400.00$ 7,400.00$ F21 TRENCH SAFETY FOR WATER LINES LF 642 3.60$ 2,311.20$ 2.41$ 1,547.22$ 5.40$ 3,466.80$ F22 NEW FIRE HYDRANT ASSEMBLY (TYPE 1)EA 20 8,380.00$ 167,600.00$ 3,584.88$ 71,697.60$ 6,700.00$ 134,000.00$ F23 NEW FIRE HYDRANT ASSEMBLY (TYPE 2)EA 4 7,830.00$ 31,320.00$ 4,841.09$ 19,364.36$ 6,200.00$ 24,800.00$ F24 6" GATE VALVE WITH BOX & COVER EA 1 1,390.00$ 1,390.00$ 1,048.35$ 1,048.35$ 1,600.00$ 1,600.00$ F25 8" GATE VALVE WITH BOX & COVER EA 5 1,960.00$ 9,800.00$ 1,580.96$ 7,904.80$ 2,100.00$ 10,500.00$ F26 REPLACE EXISTING WATER SERVICE WITH NEW SERVICE CONNECTION EA 7 3,580.00$ 25,060.00$ 2,629.31$ 18,405.17$ 2,500.00$ 17,500.00$ E15106 Bid Tabulation.xlsx (Project No. E15106)Printed: 3/26/2019 @ 11:03 AM Page 5 of 8 TABULATED BY: Scott Harris, PE - LAN, Inc.Opinion of Probable Construction Cost (OPCC):$6,836,030 Bid DATE:20-Mar-18 TIME OF COMPLETION:485 Calendar Days Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Haas-Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 F27 RELOCATE EXIST. WATER METER (INCLUDES ALL REQ'D FITTINGS, VALVES, AND METER BOXES) EA 7 2,580.00$ 18,060.00$ 1,480.95$ 10,366.65$ 2,400.00$ 16,800.00$ F28 ADJUST EXISTING WATER VALVE BOX TO FINISH GRADE EA 8 1,030.00$ 8,240.00$ 433.80$ 3,470.40$ 1,400.00$ 11,200.00$ F29 ADUST EXISTING MANHOLES, VALVE BOXES AND METER BOXES TO FINISH GRADE AT SIDEWALKS AND CURB RAMPS (NORTH OF GOLLIHAR) EA 40 1,530.00$ 61,200.00$ 964.00$ 38,560.00$ 3,600.00$ 144,000.00$ F30 8"X6" REDUCER D.I. M.J.EA 1 554.00$ 554.00$ 241.00$ 241.00$ 180.00$ 180.00$ F31 8"X8"X6" TEE D.I. M.J.EA 5 818.00$ 4,090.00$ 373.55$ 1,867.75$ 260.00$ 1,300.00$ F32 8"X8"X8" TEE D.I. M.J.EA 5 854.00$ 4,270.00$ 422.96$ 2,114.80$ 470.00$ 2,350.00$ F33 8-INCH DUCTILE IRON PIPE LF 84 226.00$ 18,984.00$ 137.62$ 11,560.08$ 150.00$ 12,600.00$ F34 8-INCH D.I. BLIND FLANGE EA 4 397.00$ 1,588.00$ 204.85$ 819.40$ 140.00$ 560.00$ F35 8-INCH D.I. 11.25 DEG M.J. BEND EA 4 698.00$ 2,792.00$ 331.38$ 1,325.52$ 290.00$ 1,160.00$ F36 8-INCH D.I. 22.5 DEG M.J. BEND EA 4 702.00$ 2,808.00$ 339.81$ 1,359.24$ 290.00$ 1,160.00$ F37 8-INCH D.I. 45 DEG M.J. BEND EA 10 692.00$ 6,920.00$ 334.99$ 3,349.90$ 280.00$ 2,800.00$ F38 8-INCH D.I. 90 DEG M.J. BEND EA 8 714.00$ 5,712.00$ 302.46$ 2,419.68$ 310.00$ 2,480.00$ F39 20-INCH DUCTILE IRON PIPE LF 40 484.00$ 19,360.00$ 231.87$ 9,274.80$ 350.00$ 14,000.00$ F40 20-INCH D.I. 45 DEG M.J. BEND EA 4 2,460.00$ 9,840.00$ 1,473.72$ 5,894.88$ 1,600.00$ 6,400.00$ F41 20-INCH D.I. 90 DEG M.J. BEND EA 6 2,980.00$ 17,880.00$ 1,771.35$ 10,628.10$ 1,900.00$ 11,400.00$ F42 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS LS 1 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ SUBTOTAL PART F - WATER IMPROVEMENTS (F1 THRU F42)1,454,861.20$ 811,012.32$ 1,393,251.80$ Part G - WASTEWATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 CUT, PLUG, GROUT AND ABANDON 12” WASTEWATER LINE LF 364 25.00$ 9,100.00$ 65.85$ 23,969.40$ 63.00$ 22,932.00$ G2 CUT, PLUG, GROUT AND ABANDON 10” WASTEWATER LINE LF 75 30.00$ 2,250.00$ 63.93$ 4,794.75$ 81.00$ 6,075.00$ G3 REMOVE EXISTING WASTEWATER MANHOLE EA 3 3,150.00$ 9,450.00$ 3,615.00$ 10,845.00$ 5,000.00$ 15,000.00$ G4 12" PVC C900 DR18 LF 385 156.00$ 60,060.00$ 211.47$ 81,415.95$ 290.00$ 111,650.00$ G5 10" PVC C900 DR18 LF 85 154.00$ 13,090.00$ 185.02$ 15,726.70$ 260.00$ 22,100.00$ G6 4' DIA WASTEWATER MANHOLE EA 6 15,900.00$ 95,400.00$ 8,312.09$ 49,872.54$ 16,700.00$ 100,200.00$ G7 ADJUST EXISTING MANHOLES TO GRADE EA 11 3,940.00$ 43,340.00$ 2,030.43$ 22,334.73$ 5,000.00$ 55,000.00$ G8 REMOVE AND REPLACE 12" WASTEWATER LINE AT WATERLINE CROSSINGS EA 6 5,320.00$ 31,920.00$ 8,118.09$ 48,708.54$ 4,300.00$ 25,800.00$ G9 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ SUBTOTAL PART G - WASTEWATER IMPROVEMENTS (G1 THRU G9)274,610.00$ 267,667.61$ 368,757.00$ Part H - GAS IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) H1 BACKFILL AND COMPACT NEW GAS LINE TRENCHES CY 300 52.00$ 15,600.00$ 22.29$ 6,687.00$ 120.00$ 36,000.00$ SUBTOTAL PART H - GAS IMPROVEMENTS (H1 THRU H1)15,600.00$ 6,687.00$ 36,000.00$ E15106 Bid Tabulation.xlsx (Project No. E15106)Printed: 3/26/2019 @ 11:03 AM Page 6 of 8 TABULATED BY: Scott Harris, PE - LAN, Inc.Opinion of Probable Construction Cost (OPCC):$6,836,030 Bid DATE:20-Mar-18 TIME OF COMPLETION:485 Calendar Days Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Haas-Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 Part I - ADDITIVE ALTERNATE NO. 1 (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) A9 TRAFFIC CONTROL ITEMS (SIGNS, BARRICADES, CHANNELIZING DEVICES, ETC.) MO -14 15,000.00$ (210,000.00)$ 3,651.15$ (51,116.10)$ 16,000.00$ (3)(224,000.00)$ B5 STREET EXCAVATION SY -4515 17.00$ (76,755.00)$ 21.91$ (98,923.65)$ 19.00$ (3)(85,785.00)$ B6 STREET EXCAVATION - FULL DEPTH HMAC PAVEMENT REMOVAL AND DISPOSAL SY -9225 22.00$ (202,950.00)$ 36.52$ (336,897.00)$ 32.00$ (3)(295,200.00)$ B7 STREET EXCAVATION - FULL DEPTH CONCRETE PAVEMENT WITH HMAC OVERLAY REMOVAL AND DISPOSAL SY -162 102.00$ (16,524.00)$ 60.25$ (9,760.50)$ 36.00$ (3)(5,832.00)$ B8 FULL DEPTH PAVEMENT REPLACEMENT - 12" COMPACTED SUBGRADE PREPARATION (1' B.O.C.) SY -9387 4.15$ (38,956.05)$ 15.97$ (149,910.39)$ 11.50$ (3)(107,950.50)$ B9 FULL DEPTH PAVEMENT REPLACEMENT - GEOGRID (TENSAR BX1100 or TX- 5) SY -9387 2.55$ (23,936.85)$ 8.65$ (5)(81,197.55)$ 5.20$ (3)(48,812.40)$ B10 FULL DEPTH PAVEMENT REPLACEMENT - 11" CRUSHED LIMESTONE BASE TYPE A GRADE 1-2 SY -9387 31.00$ (290,997.00)$ 38.56$ (361,962.72)$ 33.00$ (3)(309,771.00)$ B11 FULL DEPTH PAVEMENT REPLACEMENT - PRIME COAT (0.20 GALLONS/SY)GAL -1420 6.10$ (8,662.00)$ 15.36$ (21,811.20)$ 11.00$ (3)(15,620.00)$ B12 FULL DEPTH PAVEMENT REPLACEMENT - 5" TYPE 'B' HMAC, TXDOT ITEM 340, PG64-22 SY -7064 33.00$ (233,112.00)$ 56.40$ (398,409.60)$ 40.00$ (3)(282,560.00)$ B13 FULL DEPTH PAVEMENT REPLACEMENT - 3" TYPE 'D' HMAC, TXDOT ITEM 340, PG64-22 SY -7064 22.00$ (155,408.00)$ 34.95$ (246,886.80)$ 25.00$ (3)(176,600.00)$ B14 12" COMPACTED SUBGRADE PREPARATION (1' B.O.C.)SY -4515 4.15$ (18,737.25)$ 12.35$ (5)(55,760.25)$ 8.80$ (3)(39,732.00)$ B15 GEOGRID (TENSAR BX1100 or TX-5)SY -4515 2.55$ (11,513.25)$ 8.31$ (5)(37,519.65)$ 5.10$ (3)(23,026.50)$ B16 11" CRUSHED LIMESTONE BASE TYPE A GRADE 1-2 SY -4515 31.00$ (139,965.00)$ 38.56$ (5)(174,098.40)$ 32.00$ (3)(144,480.00)$ B17 PRIME COAT (0.20 GALLONS/SY)GAL -730 6.10$ (4,453.00)$ 11.81$ (5)(8,621.30)$ 8.40$ (3)(6,132.00)$ B18 5" TYPE 'B' HMAC, TXDOT ITEM 340, PG64-22 SY -3630 33.00$ (119,790.00)$ 63.60$ (5)(230,868.00)$ 46.00$ (3)(166,980.00)$ B19 3" TYPE 'D' HMAC, TXDOT ITEM 340, PG64-22 SY -3630 22.00$ (79,860.00)$ 42.18$ (153,113.40)$ 30.00$ (3)(108,900.00)$ B20 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >0" TO <=1") SY -6825 2.45$ (16,721.25)$ 6.27$ (42,792.75)$ 4.50$ (3)(30,712.50)$ B21 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >1" TO <=2") SY -2940 4.90$ (14,406.00)$ 12.05$ (35,427.00)$ 8.70$ (3)(25,578.00)$ B22 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >2" TO <=4") SY -4360 9.80$ (42,728.00)$ 12.95$ (56,462.00)$ 9.40$ (3)(40,984.00)$ B23 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >4" TO <= 6") SY -2370 15.00$ (35,550.00)$ 15.67$ (37,137.90)$ 11.25$ (3)(26,662.50)$ B24 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >6" TO <= 8") SY -380 20.00$ (7,600.00)$ 27.72$ (10,533.60)$ 20.00$ (3)(7,600.00)$ B25 PLANING & TEXTURING CONCRETE PAVEMENT, TXDOT ITEM 354 & 483, SPECIAL SPEC. 3004 (TOTAL PLANING THICKNESS >0" TO <=2") SY -100 330.00$ (33,000.00)$ 79.53$ (7,953.00)$ 57.00$ (3)(5,700.00)$ B26 HMAC LEVEL-UP - TYPE 'D', TXDOT ITEM 340, PG64-22 TON -2900 125.00$ (362,500.00)$ 204.85$ (594,065.00)$ 150.00$ (3)(435,000.00)$ B27 1-1/2" MIN. HMAC OVERLAY - TYPE D, TXDOT ITEM 340, PG64-22 SY -16875 19.00$ (320,625.00)$ 16.87$ (284,681.25)$ 12.00$ (3)(202,500.00)$ B28 SAW CUT (1-1/2" MAX) EXISTING HMAC PAVEMENT AT FULL DEPTH PAVEMENT REMOVAL AND REPLACEMENT LF -8120 3.60$ (29,232.00)$ 4.82$ (39,138.40)$ 2.50$ (3)(20,300.00)$ B29 HMAC PAVEMENT CORE/DRILL HOLE - 1" DIA.EA -20 480.00$ (9,600.00)$ 638.65$ (12,773.00)$ 450.00$ (3)(9,000.00)$ B30 HMAC PAVEMENT CORE HOLE - 6" DIA.EA -9 691.00$ (6,219.00)$ 674.80$ (6,073.20)$ 490.00$ (3)(4,410.00)$ I1 TRAFFIC CONTROL ITEMS (SIGNS, BARRICADES, CHANNELIZING DEVICES, ETC.) MO 16 15,000.00$ 240,000.00$ 3,651.15$ 58,418.40$ 17,300.00$ 276,800.00$ I2 STREET EXCAVATION SY 4515 14.00$ 63,210.00$ 21.91$ 98,923.65$ 19.00$ 85,785.00$ E15106 Bid Tabulation.xlsx (Project No. E15106)Printed: 3/26/2019 @ 11:03 AM Page 7 of 8 TABULATED BY: Scott Harris, PE - LAN, Inc.Opinion of Probable Construction Cost (OPCC):$6,836,030 Bid DATE:20-Mar-18 TIME OF COMPLETION:485 Calendar Days Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Haas-Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 I3 STREET EXCAVATION - FULL DEPTH HMAC PAVEMENT REMOVAL AND DISPOSAL SY 17108 21.50$ 367,822.00$ 36.52$ 624,784.16$ 33.00$ 564,564.00$ I4 STREET EXCAVATION - FULL DEPTH CONCRETE PAVEMENT WITH HMAC OVERLAY REMOVAL AND DISPOSAL SY 6964 39.00$ 271,596.00$ 60.25$ 419,581.00$ 12.75$ 88,791.00$ I5 12" COMPACTED SUBGRADE PREPARATION (1' B.O.C.)SY 28587 2.80$ 80,043.60$ 15.97$ 456,534.39$ 9.40$ 268,717.80$ I6 GEOGRID (TENSAR BX1100 or TX-5)SY 28587 2.40$ 68,608.80$ 8.44$ 241,274.28$ 5.40$ 154,369.80$ I7 11" CRUSHED LIMESTONE BASE TYPE A GRADE 1-2 SY 28587 27.50$ 786,142.50$ 38.56$ 1,102,314.72$ 34.00$ 971,958.00$ I8 PRIME COAT (0.20 GALLONS/SY)GAL 5080 4.50$ 22,860.00$ 15.36$ 78,028.80$ 9.00$ 45,720.00$ I9 5" TYPE 'B' HMAC, TXDOT ITEM 340, PG64-22 SY 25379 29.00$ 735,991.00$ 56.40$ 1,431,375.60$ 49.00$ 1,243,571.00$ I10 3" TYPE 'D' HMAC, TXDOT ITEM 340, PG64-22 SY 25379 18.00$ 456,822.00$ 34.95$ 886,996.05$ 33.00$ 837,507.00$ I11 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >0" TO <=2") (FROM STA. 2+00 TO APPROX. STA. 4+68) SY 2190 9.00$ 19,710.00$ 12.95$ 28,360.50$ 9.30$ 20,367.00$ I12 HMAC LEVEL-UP - TYPE 'D', TXDOT ITEM 340, PG64-22 (FROM STA. 2+00 TO APPROX. STA. 4+68) TON 50 142.00$ 7,100.00$ 204.85$ 10,242.50$ 360.00$ 18,000.00$ I13 1-1/2" MIN. HMAC OVERLAY - TYPE D, TXDOT ITEM 340, PG64-22 (FROM STA. 2+00 TO APPROX. STA. 4+68) SY 2190 15.00$ 32,850.00$ 16.87$ 36,945.30$ 12.75$ 27,922.50$ SUBTOTAL PART I - ADDITIVE ALTERNATE NO. 1 (I1 THRU 13) & DELETE ITEM A9 AND ITEMS B5 THRU B30 642,955.25$ (5)1,929,885.74$ (3)1,754,244.70$ SUMMARY SUBTOTAL PART A - GENERAL (Items A1 thru A17)1,915,565.55$ 1,050,006.10$ 1,269,833.70$ SUBTOTAL PART B - STREET IMPROVEMENTS (Items B1 thru B60) 3,050,622.85$ 4,183,394.96$ 3,605,131.65$ SUBTOTAL PART C - RTA IMPROVEMENTS (Items C1 thru C12)202,020.95$ 772,186.91$ 274,259.25$ SUBTOTAL PART D - ADA IMPROVEMENTS (D1 THRU D8)472,960.50$ 489,156.54$ 455,033.60$ SUBTOTAL PART E - DRAINAGE IMPROVEMENTS (E1 THRU E36)2,987,403.20$ 3,546,535.72$ 4,452,592.00$ SUBTOTAL PART F - WATER IMPROVEMENTS (F1 THRU F42)1,454,861.20$ 811,012.32$ 1,393,251.80$ SUBTOTAL PART G - WASTEWATER IMPROVEMENTS (G1 THRU G9)274,610.00$ 267,667.61$ 368,757.00$ SUBTOTAL PART H - GAS IMPROVEMENTS (H1 THRU H1)15,600.00$ 6,687.00$ 36,000.00$ SUBTOTAL PART I - ADDITIVE ALTERNATE NO. 1 (I1 THRU 13) & DELETE ITEM A9 AND ITEMS B5 THRU B30 642,955.25$ (5)1,929,885.74$ (3)1,754,244.70$ TOTAL PROJECT BASE BID (PARTS A THRU H)10,373,644.25$ 11,126,647.16$ 11,854,859.00$ SUBTOTAL PART I - ADDITIVE ALTERNATE NO. 1 (ITEMS I1 THRU I13) & DELETE ITEMS A9, B5 THRU B30 642,955.25$ (5)1,929,885.74$ (3)1,754,244.70$ TOTAL PROJECT BASE BID AND ADDITIVE ALTERNATE NO. 1 (PARTS A THRU I)11,016,599.50$ (5)13,056,532.90$ (3)13,609,103.70$ * Math errors by bidder, amounts shown are corrected amounts E15106 Bid Tabulation.xlsx (Project No. E15106)Printed: 3/26/2019 @ 11:03 AM Page 8 of 8 DATE:July 26, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2604 CAPTION: Resolution authorizing submittal of grant application in the amount of $175,175.00 for Edward Byrne Memorial Justice Assistance Grant (JAG) Program with funds to be distributed to the City of Corpus Christi in the amount of $80,918.00, Nueces County in the amount of $80,917.00 and the City of Robstown in the amount of $13,340.00; and authorizing Interlocal Agreements with Nueces County and City of Robstown for distribution of the JAG program should the grant be awarded. PURPOSE:The City must apply for these funds each year. BACKGROUND AND FINDINGS: Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant LEBG), the City has been declared a disparate jurisdiction and have agreed to split the funds with Nueces County and serve as the fiscal agent for the City of Robstown in the amount of $13,340. The remaining $161,835 will be split 50/50 between the City of Corpus Christi and Nueces County. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). This is the third year the City of Robstown has had a specific allocation of funds designated. Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to the Office of Justice Programs, indicating who will serve as the applicant/fiscal agent for the joint funds. The City, County, and the City of Robstown have agreed that the City will serve as the lead agency. The Nueces County Commissioners Court will consider the interlocal agreement on August 7 and the City of Robstown City Council on August 19. Approval to enter into an interlocal agreement with Nueces County to share the Edward Byrne Memorial Justice Assistance Grant (JAG) and approval to submit a grant application to the U. S. Department of Justice for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2019 Local Solicitation AGENDA MEMORANDUM Action item for the City Council meeting of August 13, 2019 JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas:  Law enforcement programs • Prosecution and court programs Prevention and education programs • Drug treatment and enforcement programs Corrections and community corrections programs Planning, evaluation, and technology improvement programs Crime victim and witness programs (other than compensation With this award, the program has provided a total of $5,983,651 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, police package vehicles, unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, and other police equipment. The award will be used to purchase tasers and other police equipment. The award is expected to be received in September 2019. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY:Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES:Finance, Legal FINANCIAL IMPACT: X Operating □ Revenue □ Capital □ Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $175,175 $175,175 BALANCE Funding Detail: Fund:1061 Police Grants Fund Organization/Activity: Mission Element:151 Respond to Calls for law enforcement Project # (CIP Only): Account:520090 Minor Tools and Equipment RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement with Nueces County and City of Robstown Resolution authorizing submittal of grant application in the amount of $175,175.00 for Edward Byrne Memorial Justice Assistance Grant (JAG) Program with funds to be distributed to the City of Corpus Christi in the amount of $80,918.00, Nueces County in the amount of $80,917 and the City of Robstown in the amount of $13,340.00; and authorizing Interlocal Agreements with Nueces County and City of Robstown for distribution of JAG program funds should the grant be awarded. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to submit a grant application in the amount of $175,175.00 to the US Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2019 Local Solicitation with $80,917.00 of the funds to be distributed to the City of Corpus Christi in the amount of $80,918.00, Nueces County in the amount of $80,917.00 and the City of Robstown in the amount of $13,340.00 under the lnterlocal Agreements should the grant be awarded. Grant funds will be used for the enhancement of law enforcement efforts by the Corpus Christi Police Department, Nueces County and City of Robstown. SECTION 2.The City Manager or his designee is authorized to execute an lnterlocal Agreement between the City of Corpus Christi and Nueces County to establish terms to distribute $80,917.00 of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2019 Local Solicitation to Nueces County. SECTION 3.The City Manager or his designee is authorized to execute an lnterlocal Agreement between the City of Corpus Christi and City of Robstown to establish terms to distribute $13,340.00 of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2019 Local Solicitation to City of Robstown. The above resolution was passed by the following vote: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST:CITY OF CORPUS CHRISTI Rebecca L. Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _________ day of ___________________, 2019 Page 1 of 3 GMS APPLICATION NUMBER __________________________ THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY OF NUECES, TEXAS EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2019 LOCAL SOLICITATION AWARD This agreement is made and entered into this _____ day of ________, 2019, by and between the City of Corpus Christi, acting by and through its governing body, the City Council (“CITY”), and the County of Nueces, acting by and through its governing body, the Commissioners Court (“COUNTY”), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY and COUNTY have previously entered into an agreement for disbursement of Fiscal Year 2012, 2013, 2014, 2015, 2016, 2017 & 2018 JAG funds which is separate from this agreement; and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a current estimate of $80,917, JAG funds received from Fiscal Year 2019 award; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. Page 2 of 3 GMS APPLICATION NUMBER __________________________ NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50%), or a current estimate of $80,917 of the JAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent (50%), or current estimate of $80,917, of JAG funds received from CITY under this agreement for the enhancement of law enforcement until September 30, 2022. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. Page 1 of 3 GMS APPLICATION NUMBER __________________________ THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE CITY OF ROBSTOWN EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2019 LOCAL SOLICITATION AWARD This agreement is made and entered into this _____ day of ________, 2019, by and between the City of Corpus Christi, acting by and through its governing body, the City Council (“CORPUS CHRISTI”), and the City of Robstown, acting by and through its governing body, the City Council (“ROBSTOWN”), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the ROBSTOWN a current estimate of $13,340 JAG funds received from Fiscal Year 2019 award; and WHEREAS, the CITY and ROBSTOWN believe it to be in their best interests to reallocate the JAG funds. Page 2 of 3 GMS APPLICATION NUMBER __________________________ NOW THEREFORE, the ROBSTOWN and CORPUS CHRISTI agree as follows: Section 1. CORPUS CHRISTI agrees to pay ROBSTOWN a current estimate of $13,340 of the JAG funds received from this award. Section 2. ROBSTOWN agrees to use current estimate of $13,340, of JAG funds received from CORPUS CHRISTI under this agreement for the enhancement of law enforcement until September 30, 2022. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against ROBSTOWN other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CORPUS CHRISTI other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. DATE:August 13, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 Kim Baker, Director of Contracts and Procurement Kimb2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year service agreement with Triple G Lawn Services in an amount not to exceed $96,000.00 for a three-year period, with term starting upon issuance of notice to proceed, for landscaping and grounds maintenance for seven police managed buildings funded through the General Fund. PURPOSE: The motion is to approve a three-year service agreement for landscaping and grounds maintenance for outlying police buildings for the Police Department. BACKGROUND AND FINDINGS: The Police Department has seven locations including the main headquarters that require landscaping and grounds maintenance. The scope of work includes mowing, trimming, and debris cleanup to be done on a bi-weekly basis at six locations and on a monthly basis at one location. The six buildings that will receive bi-weekly service include the Police Headquarters, the Animal Care Services building, the Police Training Building, the Public Safety Building B, the Professional Standards Building and the Property Warehouse. The Vehicle Impound lot will receive services on a monthly basis. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids from qualified firms to provide landscaping and grounds maintenance for the seven police buildings for the Police Department. The City received three qualified bids and one non-responsive bid for these services. The contractor that currently perform the services, R&H Construction and Mowing, did not submit a bid. Staff recommends award to the lowest responsive, responsible bidder, Triple G Lawn Services. Landscaping and Grounds Maintenance for Seven Police Managed Buildings AGENDA MEMORANDUM Action item for the City Council Meeting of August 13, 2019 The contract term with Triple G Lawn Services will begin upon issuance of the notice to proceed. ALTERNATIVES: Not applicable. 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: Police Department FINANCIAL IMPACT: X Operating □ Revenue □ Capital □Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $263,816.26 $91,000.00 $354,816.26 Encumbered / Expended Amount $102,385.08 $0.00 $102,385.08 This item $5,000.00 $91,000.00 $96,000.00 BALANCE $156,431.18 $0.00 $156,431.18 Funding Detail: Fund:1020 – General Fund Organization/Activity:11870 – Police Building Maintenance and Operations Mission Element:151 – Respond to Law Enforcement Calls Project # (CIP Only): n/a Account:530000 – Professional Services RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement 2247 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BUYER: JOHN ELIZONDO OUTLYING POLICE BUILDINGS 1 Training Center Building, 4510 Corona Dr. 3 Year Services@ 26 Cycles per Year 78 $50.00 $3,900.00 $200.00 $15,600.00 $400.00 $31,200.00 $125.00 $9,750.00 2 Public Safety Police Dept. Building B., 1501 Holly Rd. (3 Year Services@ 26 Cycles per Year)78 $250.00 $19,500.00 $200.00 $15,600.00 $400.00 $31,200.00 $125.00 $9,750.00 3 Professional Standards Bldg, 5805 Williams Dr. (3 Year Services @ 26 C cles er Year)78 $100.00 $7,800.00 $300.00 $23,400.00 $400.00 $31,200.00 $125.00 $9,750.00 4 Property Warehouse, 1502 Brownlee Blvd (3 Year Services @ 26 C cles per Year )78 $200.00 $15,600.00 $300.00 $23,400.00 $400.00 $31,200.00 $125.00 $9,750.00 5 Main Police Dept. Building, 321 John Sartain St. (3 Year Services@ 26 Cycles per Year)78 $50.00 $3,900.00 $250.00 $19,500.00 $400.00 $31,200.00 $125.00 $9,750.00 6 Animal Control, 2626 Holly Rd. 3 Year Services@ 26 C cles per Year 78 $350.00 $27,300.00 $400.00 $31,200.00 $400.00 $31,200.00 $180.00 $14,040.00 7 Vehicle Impound Lot, 5485 Greenwood Dr. 3 Year Services@ 12 C cles er Year 36 $500.00 $18,000.00 $400.00 $14,400.00 $400.00 $14,400.00 $275.00 $9,900.00 $96,000.00 $143,100.00 $201,600.00 $72,690.00 *Fairmont Landscaping Company did not have the required number of years operating continously as an established firm; therefore, their bid was considered non-responsible. *Fairmont Landscaping Corpus Christi, TX UNIT PRICE EXTENDED PRICE BID TABULATION LANDSCAPING AND GROUNDS MAINTENANCE FOR RFB NO. 2247 UNIT PRICE EXTENDED PRICE Reiter ABC & Associates, Inc. UNIT PRICE EXTENDED PRICE Corpus Christi, TX Corpus Christi, TX CML Services, LLC TOTALS ITEM DESCRIPTION CYCLES Corpus Christi, TX UNIT PRICE EXTENDED PRICE Triple G Lawn Service Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form April 30, 2019 SERVICE AGREEMENT NO. 2247 Landscaping and Grounds Maintenance for Outlying Police Buildings THIS Landscaping and Grounds Maintenance for Outlying Police Buildings Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Triple G Lawn Services, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Landscaping and Grounds Maintenance for Outlying Police Buildings in response to Request for Bid/Proposal No. 2247 (“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 Landscaping and Grounds Maintenance for Outlying Police Buildings (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional 0-year 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. This Agreement is for an amount not to exceed $96,000, 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. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form April 30, 2019 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Pat Eldridge Police Department Phone: 361-886-2696 Email: Pat@cctexas.com 5. Insurance; Bonds. (A)Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B)In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form April 30, 2019 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A)The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C)Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form April 30, 2019 manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Pat Eldridge Police Management Services Director Address: 321 John Sartain St., Corpus Christi, Texas 78401 Phone: 361-886-2696 Fax: 361-886-2607 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form April 30, 2019 IF TO CONTRACTOR: Triple G Lawn Services, LLC Attn: Gil Gomez Jr. Title: Owner Address: 3206 Harpers Ferry, Corpus Christi, TX 78410 Phone: 361-816-1418 Fax: N/A 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A)The City Manager may terminate this Agreement for Contractor’s failure to 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 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form April 30, 2019 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 if required by said statute. 23.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. 24.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] Attachment A: Scope of Work 1 General Requirements/Background Information The Contractor shall provide landscaping and grounds maintenance services, including all necessary labor, supervision, equipment and supplies, for outlying police buildings as outlined in this Scope of Work. 2 Scope of Work A.Prior to the start of each landscaping and grounds maintenance, the Contractor must remove all litter and debris such as paper, cans, bottles, bags, accumulated leaves, palm fronds, tree limbs and other tree litter from fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces at each identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from mowing equipment. The Contractor must perform grounds, landscaping, and turf maintenance for all locations including but not limited to lawn and shrub areas, flowerbeds and planters, walkways, curbsides, and play areas. B.Mowers shall be adjusted for a cutting height of approximately three inches. C.Cycle Description: (12 months) July - June 6 Locations – Bi Weekly 1 Locations – Once per Month If a cycle is finished before the days are up, the Contractor will not start another cycle until the day after the completion of the previous cycle. The Contractor will notify the Contract Administration upon completion of mowing for a cycle. D.All mowing equipment shall be equipped with sharp blades so as not to tear, but cleanly cut the blades of grass. E.The Contractor shall mow as close as practicable to all fixed objects exercising extreme care not to damage trees, plants, shrubs, fire hydrants, sign and power poles, guardrails, culvert headwall, delineators or other appurtenances which may be on some of our locations. F.All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. Contractor MUST NOT sweep or blow any grass clippings or leaves into the streets, gutters or other portions of the storm water system including ditches and storm drains. G.The Contractor shall hand trim around all fixed objects such as trees, plants, shrubs, fire hydrants, sign and power poles, guardrails and culvert headwalls, unless specified otherwise and will be subsidiary to the mowing operation. H.The Contractor shall be responsible for notifying the Contract Administrator of large object(s), including but not limited to furniture, appliances and massive dump sites etc. Any Large object(s) which are too large to set aside, shall be moved around until removal is coordinated by the City. The Contractor shall coordinate the rescheduling of mowing the uncut area with the Contract Administrator. I.After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property (hauled off-site) and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor’s expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. J.If any location was not serviced on schedule and had to be re-scheduled for a valid reason, such as inclement weather, the Contract Administrator must be notified in writing before 3:00 p.m. the day the location was missed. 3 Work Site and Conditions The work shall be performed at the locations below throughout the City. A. List of locations: 4510 Corona Dr.; Training – Bi weekly 1501 Holly Rd.; Public Safety Bld. B. – Bi weekly 5805 Williams Dr.; Internal Affair – Bi weekly 1502 Brownlee; Warehouse – Bi weekly 321 John Sartain; Main PD Bld. – Bi weekly 2626 Holly; Animal Control – Bi weekly *5485 Greenwood; Impound Lot – Once per Month * Note: Service for Impound Lot must be performed and completed the week before Auction Day, which is the first Saturday of each month. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. C. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset. Monday-Sunday the schedule must be emailed by Monday 8:00 a.m. for approval by the Contractor Administrator prior to commencing the mowing program. It is expected that the work will be scheduled effectively throughout the contract period in order to accomplish an overall well managed mowing maintenance program. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4 Security and Protection of Property A.Security Requirements: The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contractor Administrator. B.Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor’s Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, and shall restore at its own expense the damaged property to a condition similar or equal to that existing before such damage was done, or shall make good such damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor’s expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the contractor. 5 Notifications and Inspections Each Monday morning, by 8:00 a.m., the Contractor shall email the Contract Administrator a schedule indicating the locations that will be mowed that week. No work shall be done without the approval of the Contract Administrator. 6 Special Instructions All Contractor vehicles must have a decal clearly identifying the Contractor’s company name. Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. Bond Requirements: No Bonds are required; therefore, Section S(B) is null for this agreement. Attachment D: Warranty Requirements Warranty Requirements: Section 8(A) and 8(B) are null for this Service Agreement. DATE:August 13, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 Kim Baker, Director of Contracts and Procurement Kimb2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing five individual amendments to five service agreements for mowing and servicing of vacant properties with code violations in an amount not to exceed $11,250.00 each, and a revised value of each service agreement not to exceed $56,250.00 with Luz Alicia Sierra Leal dba Alicia's Lawn Service, Richard Herrera dba R.H. Const. & Mowing and Arnold Mendoza dba Pioneer Lawn Services, and CML Services, LLC, Joe Manuel Perez dba J.M. Perez and Grandsons LLC, with terms ending on June 30, 2020 funded through the General Fund and the Community Development Block Grant. PURPOSE: The motion is to approve amendments to service agreement 1773, 1777, 1787, 1789 and 1838 for mowing and services of vacant properties for Code Enforcement to continue mowing and servicing properties that have code violations. BACKGROUND AND FINDINGS: The Contracts and Procurement Department conducted a Request for Qualifications process in Fiscal Year 2017-2018 for the Police Department’s Code Enforcement Division and issued two-year $45,000.00 service agreements to ten contractors for mowing and servicing of vacant properties. These services include, mowing, trimming, edging, tree brush trimming, debris removal and securing the properties. The terms of the contract began on July 1, 2018 and ends on June 30, 2020. Since the contracts began on July 1, 2018, eight of the ten contractors have either ended or maxed out their contracts resulting in a reduction in capacity. In order to continue abating vacant properties, Code Enforcement needs five of the ten service agreements amended to increase the capacity Amendments to Five Mowing and Service of Vacant Properties Service Agreements AGENDA MEMORANDUM Action item for the City Council Meeting of August 13, 2019 to do more work. The amendments to the five service agreements for mowing and servicing of vacant properties with code violations will be in an amount not to exceed $11,250.00 each and a revised value of each service agreement not to exceed $56,250.00.The increases requested for each contract is 25%, the maximum allowed by law. Staff will also begin working on a new solicitation to obtain more contractors. ALTERNATIVES: Not applicable. 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: Police Department FINANCIAL IMPACT: X Operating □ Revenue □ Capital □Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $345,756.20 $0.00 $345,756.20 Encumbered / Expended Amount $171,720.58 $0.00 $171,720.58 This item $56,250.00 $0.00 $56,250.00 BALANCE $117,785.62 $0.00 $117,785.62 Funding Detail: Fund:1020 – General Fund Organization/Activity:11500 – Code Enforcement Mission Element:157 – Enforce housing, zoning and nuisance codes Project # (CIP Only): N/A Account:530220 – Demolition/clean-up service Amount:$33,440.96 Funding Detail: Fund:1059 CDBG Grant Organization/Activity:851905F – Clearance Program FY19 Mission Element:157 - Enforce housing, zoning and nuisance codes Project # (CIP Only):N/A Account:530220 – Demolition/clean-up service Amount:$22,809.04 RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Amendment No. 1 for Service Agreements 1773, 1838, 1787, 1777 and 1789 Service Agreements 1773, 1838, 1787, 1777 and 1789 Page 1 of 2 Amendment City of Corpus Christi Contracts and Procurement Department Date: June 26, 2019 Service Agreement No.: 1777 – Mowing and Servicing of Vacant Properties for Code Enforcement Reference: SA 1777 Amendment No. 1 Service Agreement Current Not to Exceed Value: $45,000 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Richard Herrera dba R.H. Const. & Mowing, hereinafter referred to as the Contractor, do hereby make and enter into this amendment (the “Amendment”) which, together with the Service Agreement No. 1777 (the “Agreement”) and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. I. Section 3. Compensation and Payment of the Agreement is amended, effective through the end date as follows: Increases the value of the Agreement by an amount not to exceed $11,250 or 25% due to the amount of work needed on vacant properties and the unanticipated reduction of available Contractors on the City’s rotation list, therefore the revised value of this Service Agreement is not to exceed $56,250. II. Attachment A: Scope of Work, Section 2. to the Agreement is hereby amended to correct an administrative error and remove Subsection C. as follows: A. The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. B. For each mowing and servicing of vacant properties job, the City will contract the next qualified Contractor on the rotation list. C. The rotation will be maintained for the duration of the term of any contract and extensions thereof. The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. (SIGNATURE PAGE FOLLOWS) R~ o:.~l.q -1'1 Richard Herrefa dba RH Cons1 & MvwwlQ l(jn, •• Dela d CoelClecb end Procuremen1 C,ty d COf1)UI Chnlta . Texn A,.._OVEO AS TO LEGAL FOMI: A11llta1 It Cfty Attorney Page 2 of 2 Page 1 of 2 Amendment City of Corpus Christi Contracts and Procurement Department Date: June 26, 2019 Service Agreement No.: 1787 – Mowing and Servicing of Vacant Properties for Code Enforcement Reference: SA 1787 Amendment No. 1 Service Agreement Current Not to Exceed Value: $45,000 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Arnold Mendoza dba Pioneer Lawn Services, hereinafter referred to as the Contractor, do hereby make and enter into this amendment (the “Amendment”) which, together with the Service Agreement No. 1787 (the “Agreement”) and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. I. Section 3. Compensation and Payment of the Agreement is amended, effective through the end date as follows: Increases the value of the Agreement by an amount not to exceed $11,250 or 25% due to the amount of work needed on vacant properties and the unanticipated reduction of available Contractors on the City’s rotation list, therefore the revised value of this Service Agreement is not to exceed $56,250. II. Attachment A: Scope of Work, Section 2. to the Agreement is hereby amended to correct an administrative error and remove Subsection C. as follows: A. The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. B. For each mowing and servicing of vacant properties job, the City will contract the next qualified Contractor on the rotation list. C. The rotation will be maintained for the duration of the term of any contract and extensions thereof. The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. (SIGNATURE PAGE FOLLOWS) Page 1 of 2 Amendment City of Corpus Christi Contracts and Procurement Department Date: June 26, 2019 Service Agreement No.: 1838 – Mowing and Servicing of Vacant Properties for Code Enforcement Reference: SA 1838 Amendment No. 1 Service Agreement Current Not to Exceed Value: $45,000 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and CML Services, LLC, hereinafter referred to as the Contractor, do hereby make and enter into this amendment (the “Amendment”) which, together with the Service Agreement No. 1838 (the “Agreement”) and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. I. Section 3. Compensation and Payment of the Agreement is amended, effective through the end date as follows: Increases the value of the Agreement by an amount not to exceed $11,250 or 25% due to the amount of work needed on vacant properties and the unanticipated reduction of available Contractor’s on the City’s rotation list, therefore the revised value of this Service Agreement is not to exceed $56,250. II. Attachment A: Scope of Work, Section 2. to the Agreement is hereby amended to correct an administrative error and remove Subsection C. as follows: A. The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. B. For each mowing and servicing of vacant properties job, the City will contract the next qualified Contractor on the rotation list. C. The rotation will be maintained for the duration of the term of any contract and extensions thereof. The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. (SIGNATURE PAGE FOLLOWS) Page 2 of 2 ____________________ __________ David Alvarez Date CML Services, LLC ____________________ _________ Kim Baker Date Director of Contracts and Procurement City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM: _______________________________ Assistant City Attorney Date 6/28/19 Service Agreement Form – Mowing Contracts Page 1 of 7 Approved as to Legal Form 6/19/18 SERVICE AGREEMENT NO. 1773 Mowing and Servicing of Vacant Properties for Code Enforcement THIS Mowing and Servicing of Vacant Properties for Code Enforcement Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Luz Alicia Sierra Leal dba Alicia's Lawn Service (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Servicing of Vacant Properties for Code Enforcement in response to Request for Qualifications No. 1273 (“RFQ”), which RFQ includes the required scope of work and all specifications and which RFQ and the Contractor’s response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Mowing and Servicing of Vacant Properties for Code Enforcement (“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 24 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 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 $45,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached 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 Form – Mowing Contracts Page 2 of 7 Approved as to Legal Form 6/19/18 Liza Lopez Neighborhood Services 361.826.3043 LizaC@cctexas.com 5. Insurance; Bonds. (A)Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B)In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFQ 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. Service Agreement Form – Mowing Contracts Page 3 of 7 Approved as to Legal Form 6/19/18 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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. Service Agreement Form – Mowing Contracts Page 4 of 7 Approved as to Legal Form 6/19/18 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Liza Lopez Compliance Office Supervisor 1201 Leopard Street, Corpus Chrisit, Texas 78401 361.826.3043 Fax: 361.826.3011 IF TO CONTRACTOR: Alicia's Lawn Services Attn: Luz Alicia Sierra Leal Owner 4619 Angela, Corpus Christi, Texas 78416 361.461.6354 Fax: 361.461.6354 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, Service Agreement Form – Mowing Contracts Page 5 of 7 Approved as to Legal Form 6/19/18 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to 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; Service Agreement Form – Mowing Contracts Page 6 of 7 Approved as to Legal Form 6/19/18 C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s 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. 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) Page 1 of 6 Attachment A: Scope of Work 1. General Requirements The type of “Work” to be performed under this contract includes: mowing, line trimming, edging, tree/brush trimming and removal, removal of debris, and securing of vacant properties, vacant developed properties, and occasionally occupied properties as deemed necessary on a health and safety basis. Contractor shall provide all labor, insurance and equipment necessary to provide for full mowing services as specified herein. 2. Contractor Rotation Process A. The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. A.For each mowing and servicing of vacant properties job, the City will contract the next qualified Contractor on the rotation list. B.The rotation will be maintained for the duration of the term of any contract and extensions thereof. C.Work orders will be issued by the City for each property that needs 3. Schedule A. Hours of Operation – Contractor shall perform the work Monday through Friday and will be required to be available for weekend assignments as necessary, excluding City recognized holidays. B. Contractor must pick up work order within two business days of contract. All work orders assigned will need to be completed within the specified period: 1. One to five calendar days for mowing/lot cleaning 2. One to five calendar days for board ups, unless emergency conditions require immediate attention. C.In the event Contractor, does not complete the work order within the required five days of assignment, the City reserves the right to arrange for services from the next Contractor. However, the City’s right to use the entity of its choice in emergencies shall take precedence over the rotation list or list of qualified contracted providers. Moreover, as determined by the City, Contractor’s frequent failure to prosecute the work described herein may result in disqualification of the Contractor Page 2 of 6 and removal from the rotation list. This decision will be made by the City and is final. D.In the event of equipment failure that will extend work order completion past completion date, Contractor must contact the Contract Administrator responsible for contractors or department designee. 4. Scope of Work A.The Contractor shall remove all trash, debris, cans, bottles, tires, paper and plastic from the grounds and fence lines. After mowing, Contractor shall remove any trash and debris that was cut up by the mowing process. Contractor must hand mow and rake where needed. Contractor will not dispose of any trash or debris into dumpsters located on the property. The trash and debris must be removed from the property and disposed of in accordance with City ordinances. A receipt of disposal from the City landfills or other Texas Commission on Environmental Quality (TECQ) registered landfills will be required as proof of final and proper disposal. Contractor is required to show work order or case number to landfill scale personnel to show proof of worksite and avoid disposal fee. A penalty may be imposed for failure to provide proof of receipt and/or payment may be withheld. B.The Contractor shall clean and scrape sidewalks, curbs, and gutters from accumulation of grass growth, dirt, and sand. Contractor shall clean all sidewalks, fence lines, curbs, gutters, street edge, structures, buildings, and guy wires free from clinging, climbing, and crawling grasses, vines, sands, dirt, and grass clippings as required in City Code of Ordinance No. 025707. C.Trees identified for removal must be cut to ground level. Contractor shall trim all tree limbs that hang lower than seven feet over sidewalk or ground surface and tree limbs that hang lower than 13 feet over street. D.Contractor shall not remove any gas tanks or 55-gallon drums from the property. The landfill will accept oil, paint, pesticides and solvents. E.Contractor shall avoid causing “windrows” when mowing. Windrows occur when a mower goes one direction and causes the grass to lie over Page 3 of 6 because of wheels, etc., This creates rows of grass that are not cut uniformly. F.Unless otherwise specified by the City, Contractor must leave all fencing intact and in the same state of repair as existed immediately prior to Contractor commencing work. G.Contractor may not store any equipment or tools on any work site. After completion of work, Contractor must remove all equipment, supplies, and materials from the work site. H.All work completed by Contractor shall be subject to the approval of the area City Code Enforcement Official or departmental designee. The City Code Enforcement Official shall have the right to require Contractor to re-mow, re-trim, re-edge, re-sweep, or re-board properties if the work has not been performed to contract. Properties which have not been mowed adequately will be re-done before payment authorization is approved. I.Contractor shall meet all the requirements for property securing a vacant structure as designated in the New Vacant Building Ordinance No. 025929, Sec. 13-3009 Standards for boarding a vacant building. J.Contractor will perform in a good and workmanlike manner all work assigned. Contractor will maintain a professional and civil disposition with all City representatives, City staff members, and the general public. Failure to maintain a professional/workmanlike manner may result in the termination of Contractor’s agreement as determined by the City. K.Photographs are required on each work order issued. In regards to a vacant building, a minimum of eight photographs are required to include: one from the front (including curb and gutter), one from the back (including rear yard), one from each side of structure, before the work is started, and one of each location listed above after the work is completed. In regards to a vacant lot, a minimum of four photographs are required to include: one from the front (including curb and gutter), and one including the rear of the lot. Each photograph is to be taken at the same location and angle as the before pictures. Address and date Page 4 of 6 each photograph. If photographs are not submitted at the completion of the job, payment may be delayed. L.Contractor shall possess and display a current Solid Waste Hauler Permit sticker on each vehicle and trailer used for transporting solid waste. (Permit must be renewed by August 1 of each year.) M.Contractor shall have a tarpaulin or cover over the load when transporting solid waste to landfill or other approved point of disposal. N.If an emergency is declared by the City, the City reserves the right to use any entity of its choosing. Determination and declarations of emergencies are at the sole discretion of the City. O.Any and all costs, either direct or indirect, associated with or incidental to Contractor’s performance of the services described in this scope of work are the sole responsibility of Contractor and are considered to be included in the contract pricing. Such expenses may include buy not limited to travel to and from the subject property, execution of the work order, clearing and transporting of debris, storage fees, hauler permit fees, cost of required insurances, etc. P.Contractor shall ensure that subcontractors (including those persons secured through a temporary staffing company) comply with all requirements of this contract including, but not limited to, those regarding insurance, and permits. Q.Contractor shall remain in full compliance with all requirements. Cancellation or expiration of insurance (unless renewed or secured through another licensed insurance provider) during the contract period will result in automatic disqualification of Contractor and removal from the rotation list. R.Contractor must be equipped with a cellular telephone. Contractor shall furnish the City with a list of cellular telephone numbers for on-site representatives. This is to provide a means of effective communication between City officials and Contractor’s representative concerning directions, response time, cancellations or problems encountered at the site. 5. Ozone Warning Days A.All push mowers, weed eaters, motor scooters or other small engines shall not be used at all. Page 5 of 6 A.No mowing shall be done on the designated Ozone Action Days except in the case of a special event or emergency or removing a liability. If mowing is necessary for such a situation, mowing shall be kept to a minimum. However, the City shall retain the right to determine and notify the Contractor of any such Special event, emergency, or liability. B.Diesel powered mowing equipment shall be allowed to operate on the second day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has made contact with the City and received permission to proceed with the work order. C.Equipment using reformulated gas shall be allowed to operate on the third day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has made contact with the City and received permission to proceed with the work order. 6. Security Requirements A.Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the work site and replacing fencing if removed by Contractor. B. Contractor shall not enter the buildings at any locations for any reason without receiving prior approval from the designated Code Enforcement Compliance Supervisor or Code Enforcement Officer. 7. Protection of Property A. Contractor shall take proper measures to protect all property which might be injured or damaged by Contractor’s work, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of Contractor, Contractor shall restore, at Contractor’s own expense, the damaged property to a condition similar or equal to that existing before such injury or damage was done, or Contractor shall make good such injury or damage in an acceptable manner to the City. All Contractor caused damages which are not repaired or compensated for by Contractor will be repaired or compensated for by City forces at the Contractors expense. All expenses charged by the City for such repair work or compensation shall be deducted from any monies owed to such the Contractor under any agreement between the City and Contractor. B. Mowing equipment and /or heavy equipment shall not be permitted on properties when, in the opinion of the Contract Administrator, soil and weather conditions are such that the property will be damaged. Any Page 6 of 6 damage caused by mowing equipment and/or heavy equipment shall be addressed by the Contract Administrator. Page 1 of 1 Attachment B: Bid/Pricing Schedule By means of this RFQ, the City will secure qualified Contractors agreeing to the following standard service price schedules, established by the City of Corpus Christi: A.Mowing & Clearing- Vacant Lot Rate Table: LOT SIZE 1 2 3 4 5 6 7 1-5,000 square feet 5,001- 10,000 square feet 10,001- 15,000 square feet 15,001- 20,000 square feet 20,001- 25,000 square feet 25,001- 30,000 square feet Over 30,000 square feet Density A $0.013 $0.011 $0.009 $0.007 $0.006 $0.005 To be bid out Density B $0.017 $0.015 $0.013 $0.011 $0.009 $0.007 To be bid out Density C $0.025 $0.022 $0.019 $0.017 $0.015 $0.012 To be bid out NOTE: If the square footage times the price per square foot is less than or equal to $65.00, then the Contractor will be paid $65.00. For lot sizes over 30,000 square feet, the City will solicit bids from the next three qualified Contractors on the rotation list. All bids shall be submitted on the CLEAN UP FORM and/or the BOARD UP FORM (attached). Of the three, the qualified vendor who submits the lowest bid will be awarded that job. The two qualified vendors who do not win the bid will be returned to the rotation list. Density A: Low density vegetation. Density B: Medium density vegetation and/or light debris. Density C: High density vegetation and/or heavy debris Light Debris: Grass clippings, high weeds (12” or higher), leaves, paper and plastic litter items and discarded textiles of all sorts. Moderate Debris: Trash items including, but not limited to, aluminum or tin cans, toys, bottles, old vessels of all sorts, and household items (e.g. dishes, tableware, pots and pans, etc.) Heavy Debris: Appliances, toilets, furniture, tires, tree trunks, tree limbs and branches. B.Other Services: Service Unit Price Tree Trimming (7 ft. from the ground and 13 ft. over the street) $35.00 each Tree Removal $85.00 each Debris Disposal ( construction material/brush/furniture/bulky items) $47.10 per ton Concrete Disposal (slab/rubber) $19.81 per ton Securing Structures (Board ups) with contractor provided list $55.00 each opening Disposal fee $10.00 per work order Improper Set Out Fee/Too Early Set Out $50.00 per work order NOTE: The city reserves the right to change the rates listed above based on changes to fees for disposal of items at the landfill or other conditions that may warrant price changes. Page 1 of 4 Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Park & Recreation Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit Page 2 of 4 WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part B of this Exhibit. $500,000/$500,000/$500,000 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Page 3 of 4 • 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. 5. 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. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. Page 4 of 4 9.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 - Code Enforcement Mowing, Edging, Line, Tree, Brush Trimming and Removal, Debris Removal, and Securing Properties 10/24/2017 sw Risk Management Bonds are not required for this service. Attachment D: Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 Service Agreement Form – Mowing Contracts Page 1 of 7 Approved as to Legal Form 6/19/18 SERVICE AGREEMENT NO. 1777 Mowing and Servicing of Vacant Properties for Code Enforcement THIS Mowing and Servicing of Vacant Properties for Code Enforcement Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Richard Herrera dba R.H. Const. & Mowing (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Servicing of Vacant Properties for Code Enforcement in response to Request for Qualifications No. 1273 (“RFQ”), which RFQ includes the required scope of work and all specifications and which RFQ and the Contractor’s response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Mowing and Servicing of Vacant Properties for Code Enforcement (“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 24 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 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 $45,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached 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 Form – Mowing Contracts Page 2 of 7 Approved as to Legal Form 6/19/18 Liza Lopez Neighborhood Services 361.826.3043 LizaC@cctexas.com 5. Insurance; Bonds. (A)Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B)In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFQ 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. Service Agreement Form – Mowing Contracts Page 3 of 7 Approved as to Legal Form 6/19/18 (A)The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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. Service Agreement Form – Mowing Contracts Page 4 of 7 Approved as to Legal Form 6/19/18 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Liza Lopez Compliance Office Supervisor 1201 Leopard Street, Corpus Chrisit, Texas 78401 361.826.3043 Fax: 361.826.3011 IF TO CONTRACTOR: R.H. Const. & Mowing Attn: Richard Herrera Owner 2145 Shirley Drive, Corpus Christi, Texas 78416 361.548.5170 Fax: 361.548.5170 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, Service Agreement Form – Mowing Contracts Page 5 of 7 Approved as to Legal Form 6/19/18 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to 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; Service Agreement Form – Mowing Contracts Page 6 of 7 Approved as to Legal Form 6/19/18 C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s 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. 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) Page 1 of 6 Attachment A: Scope of Work 1. General Requirements The type of “Work” to be performed under this contract includes: mowing, line trimming, edging, tree/brush trimming and removal, removal of debris, and securing of vacant properties, vacant developed properties, and occasionally occupied properties as deemed necessary on a health and safety basis. Contractor shall provide all labor, insurance and equipment necessary to provide for full mowing services as specified herein. 2. Contractor Rotation Process A. The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. A.For each mowing and servicing of vacant properties job, the City will contract the next qualified Contractor on the rotation list. B.The rotation will be maintained for the duration of the term of any contract and extensions thereof. C.Work orders will be issued by the City for each property that needs 3. Schedule A. Hours of Operation – Contractor shall perform the work Monday through Friday and will be required to be available for weekend assignments as necessary, excluding City recognized holidays. B. Contractor must pick up work order within two business days of contract. All work orders assigned will need to be completed within the specified period: 1. One to five calendar days for mowing/lot cleaning 2. One to five calendar days for board ups, unless emergency conditions require immediate attention. C.In the event Contractor, does not complete the work order within the required five days of assignment, the City reserves the right to arrange for services from the next Contractor. However, the City’s right to use the entity of its choice in emergencies shall take precedence over the rotation list or list of qualified contracted providers. Moreover, as determined by the City, Contractor’s frequent failure to prosecute the work described herein may result in disqualification of the Contractor Page 2 of 6 and removal from the rotation list. This decision will be made by the City and is final. D.In the event of equipment failure that will extend work order completion past completion date, Contractor must contact the Contract Administrator responsible for contractors or department designee. 4. Scope of Work A.The Contractor shall remove all trash, debris, cans, bottles, tires, paper and plastic from the grounds and fence lines. After mowing, Contractor shall remove any trash and debris that was cut up by the mowing process. Contractor must hand mow and rake where needed. Contractor will not dispose of any trash or debris into dumpsters located on the property. The trash and debris must be removed from the property and disposed of in accordance with City ordinances. A receipt of disposal from the City landfills or other Texas Commission on Environmental Quality (TECQ) registered landfills will be required as proof of final and proper disposal. Contractor is required to show work order or case number to landfill scale personnel to show proof of worksite and avoid disposal fee. A penalty may be imposed for failure to provide proof of receipt and/or payment may be withheld. B.The Contractor shall clean and scrape sidewalks, curbs, and gutters from accumulation of grass growth, dirt, and sand. Contractor shall clean all sidewalks, fence lines, curbs, gutters, street edge, structures, buildings, and guy wires free from clinging, climbing, and crawling grasses, vines, sands, dirt, and grass clippings as required in City Code of Ordinance No. 025707. C.Trees identified for removal must be cut to ground level. Contractor shall trim all tree limbs that hang lower than seven feet over sidewalk or ground surface and tree limbs that hang lower than 13 feet over street. D.Contractor shall not remove any gas tanks or 55-gallon drums from the property. The landfill will accept oil, paint, pesticides and solvents. E.Contractor shall avoid causing “windrows” when mowing. Windrows occur when a mower goes one direction and causes the grass to lie over Page 3 of 6 because of wheels, etc., This creates rows of grass that are not cut uniformly. F.Unless otherwise specified by the City, Contractor must leave all fencing intact and in the same state of repair as existed immediately prior to Contractor commencing work. G.Contractor may not store any equipment or tools on any work site. After completion of work, Contractor must remove all equipment, supplies, and materials from the work site. H.All work completed by Contractor shall be subject to the approval of the area City Code Enforcement Official or departmental designee. The City Code Enforcement Official shall have the right to require Contractor to re-mow, re-trim, re-edge, re-sweep, or re-board properties if the work has not been performed to contract. Properties which have not been mowed adequately will be re-done before payment authorization is approved. I.Contractor shall meet all the requirements for property securing a vacant structure as designated in the New Vacant Building Ordinance No. 025929, Sec. 13-3009 Standards for boarding a vacant building. J.Contractor will perform in a good and workmanlike manner all work assigned. Contractor will maintain a professional and civil disposition with all City representatives, City staff members, and the general public. Failure to maintain a professional/workmanlike manner may result in the termination of Contractor’s agreement as determined by the City. K.Photographs are required on each work order issued. In regards to a vacant building, a minimum of eight photographs are required to include: one from the front (including curb and gutter), one from the back (including rear yard), one from each side of structure, before the work is started, and one of each location listed above after the work is completed. In regards to a vacant lot, a minimum of four photographs are required to include: one from the front (including curb and gutter), and one including the rear of the lot. Each photograph is to be taken at the same location and angle as the before pictures. Address and date Page 4 of 6 each photograph. If photographs are not submitted at the completion of the job, payment may be delayed. L.Contractor shall possess and display a current Solid Waste Hauler Permit sticker on each vehicle and trailer used for transporting solid waste. (Permit must be renewed by August 1 of each year.) M.Contractor shall have a tarpaulin or cover over the load when transporting solid waste to landfill or other approved point of disposal. N.If an emergency is declared by the City, the City reserves the right to use any entity of its choosing. Determination and declarations of emergencies are at the sole discretion of the City. O.Any and all costs, either direct or indirect, associated with or incidental to Contractor’s performance of the services described in this scope of work are the sole responsibility of Contractor and are considered to be included in the contract pricing. Such expenses may include buy not limited to travel to and from the subject property, execution of the work order, clearing and transporting of debris, storage fees, hauler permit fees, cost of required insurances, etc. P.Contractor shall ensure that subcontractors (including those persons secured through a temporary staffing company) comply with all requirements of this contract including, but not limited to, those regarding insurance, and permits. Q.Contractor shall remain in full compliance with all requirements. Cancellation or expiration of insurance (unless renewed or secured through another licensed insurance provider) during the contract period will result in automatic disqualification of Contractor and removal from the rotation list. R.Contractor must be equipped with a cellular telephone. Contractor shall furnish the City with a list of cellular telephone numbers for on-site representatives. This is to provide a means of effective communication between City officials and Contractor’s representative concerning directions, response time, cancellations or problems encountered at the site. 5. Ozone Warning Days A.All push mowers, weed eaters, motor scooters or other small engines shall not be used at all. Page 5 of 6 A. No mowing shall be done on the designated Ozone Action Days except in the case of a special event or emergency or removing a liability. If mowing is necessary for such a situation, mowing shall be kept to a minimum. However, the City shall retain the right to determine and notify the Contractor of any such Special event, emergency, or liability. B. Diesel powered mowing equipment shall be allowed to operate on the second day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has made contact with the City and received permission to proceed with the work order. C. Equipment using reformulated gas shall be allowed to operate on the third day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has made contact with the City and received permission to proceed with the work order. 6. Security Requirements A. Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the work site and replacing fencing if removed by Contractor. B. Contractor shall not enter the buildings at any locations for any reason without receiving prior approval from the designated Code Enforcement Compliance Supervisor or Code Enforcement Officer. 7. Protection of Property A. Contractor shall take proper measures to protect all property which might be injured or damaged by Contractor’s work, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of Contractor, Contractor shall restore, at Contractor’s own expense, the damaged property to a condition similar or equal to that existing before such injury or damage was done, or Contractor shall make good such injury or damage in an acceptable manner to the City. All Contractor caused damages which are not repaired or compensated for by Contractor will be repaired or compensated for by City forces at the Contractors expense. All expenses charged by the City for such repair work or compensation shall be deducted from any monies owed to such the Contractor under any agreement between the City and Contractor. B. Mowing equipment and /or heavy equipment shall not be permitted on properties when, in the opinion of the Contract Administrator, soil and weather conditions are such that the property will be damaged. Any Page 6 of 6 damage caused by mowing equipment and/or heavy equipment shall be addressed by the Contract Administrator. Page 1 of 1 Attachment B: Bid/Pricing Schedule By means of this RFQ, the City will secure qualified Contractors agreeing to the following standard service price schedules, established by the City of Corpus Christi: A. Mowing & Clearing- Vacant Lot Rate Table: LOT SIZE 1 2 3 4 5 6 7 1-5,000 square feet 5,001- 10,000 square feet 10,001- 15,000 square feet 15,001- 20,000 square feet 20,001- 25,000 square feet 25,001- 30,000 square feet Over 30,000 square feet Density A $0.013 $0.011 $0.009 $0.007 $0.006 $0.005 To be bid out Density B $0.017 $0.015 $0.013 $0.011 $0.009 $0.007 To be bid out Density C $0.025 $0.022 $0.019 $0.017 $0.015 $0.012 To be bid out NOTE: If the square footage times the price per square foot is less than or equal to $65.00, then the Contractor will be paid $65.00. For lot sizes over 30,000 square feet, the City will solicit bids from the next three qualified Contractors on the rotation list. All bids shall be submitted on the CLEAN UP FORM and/or the BOARD UP FORM (attached). Of the three, the qualified vendor who submits the lowest bid will be awarded that job. The two qualified vendors who do not win the bid will be returned to the rotation list. Density A: Low density vegetation. Density B: Medium density vegetation and/or light debris. Density C: High density vegetation and/or heavy debris Light Debris: Grass clippings, high weeds (12” or higher), leaves, paper and plastic litter items and discarded textiles of all sorts. Moderate Debris: Trash items including, but not limited to, aluminum or tin cans, toys, bottles, old vessels of all sorts, and household items (e.g. dishes, tableware, pots and pans, etc.) Heavy Debris: Appliances, toilets, furniture, tires, tree trunks, tree limbs and branches. B. Other Services: Service Unit Price Tree Trimming (7 ft. from the ground and 13 ft. over the street) $35.00 each Tree Removal $85.00 each Debris Disposal ( construction material/brush/furniture/bulky items) $47.10 per ton Concrete Disposal (slab/rubber) $19.81 per ton Securing Structures (Board ups) with contractor provided list $55.00 each opening Disposal fee $10.00 per work order Improper Set Out Fee/Too Early Set Out $50.00 per work order NOTE: The city reserves the right to change the rates listed above based on changes to fees for disposal of items at the landfill or other conditions that may warrant price changes. Page 1 of 4 Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Park & Recreation Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit Page 2 of 4 WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part B of this Exhibit. $500,000/$500,000/$500,000 3.In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3.Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4.Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Page 3 of 4 •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. 5.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. 6.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. Page 4 of 4 9.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 - Code Enforcement Mowing, Edging, Line, Tree, Brush Trimming and Removal, Debris Removal, and Securing Properties 10/24/2017 sw Risk Management Bonds are not required for this service. Attachment D: Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 Service Agreement Form – Mowing Contracts Page 1 of 7 Approved as to Legal Form 6/19/18 SERVICE AGREEMENT NO. 1787 Mowing and Servicing of Vacant Properties for Code Enforcement THIS Mowing and Servicing of Vacant Properties for Code Enforcement Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Arnold Mendoza, dba Pioneer Lawn Services (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Servicing of Vacant Properties for Code Enforcement in response to Request for Qualifications No. 1273 (“RFQ”), which RFQ includes the required scope of work and all specifications and which RFQ and the Contractor’s response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Mowing and Servicing of Vacant Properties for Code Enforcement (“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 24 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 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 $45,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached 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 Form – Mowing Contracts Page 2 of 7 Approved as to Legal Form 6/19/18 Liza Lopez Neighborhood Services 361.826.3043 LizaC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFQ 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. Service Agreement Form – Mowing Contracts Page 3 of 7 Approved as to Legal Form 6/19/18 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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. Service Agreement Form – Mowing Contracts Page 4 of 7 Approved as to Legal Form 6/19/18 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Liza Lopez Compliance Office Supervisor 1201 Leopard Street, Corpus Chrisit, Texas 78401 361.826.3043 Fax: 361.826.3011 IF TO CONTRACTOR: Pioneer Lawn Services Attn: Arnold Mendoza Owner 3737 Reynosa Street, Corpus Christi, Texas 78416 361.658.3089 Fax: 361.658.3089 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, Service Agreement Form – Mowing Contracts Page 5 of 7 Approved as to Legal Form 6/19/18 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A)The City Manager may terminate this Agreement for Contractor’s failure to 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; Service Agreement Form – Mowing Contracts Page 6 of 7 Approved as to Legal Form 6/19/18 C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s 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. 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) Page 1 of 6 Attachment A: Scope of Work 1. General Requirements The type of “Work” to be performed under this contract includes: mowing, line trimming, edging, tree/brush trimming and removal, removal of debris, and securing of vacant properties, vacant developed properties, and occasionally occupied properties as deemed necessary on a health and safety basis. Contractor shall provide all labor, insurance and equipment necessary to provide for full mowing services as specified herein. 2. Contractor Rotation Process A. The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. A. For each mowing and servicing of vacant properties job, the City will contract the next qualified Contractor on the rotation list. B. The rotation will be maintained for the duration of the term of any contract and extensions thereof. C. Work orders will be issued by the City for each property that needs 3. Schedule A. Hours of Operation – Contractor shall perform the work Monday through Friday and will be required to be available for weekend assignments as necessary, excluding City recognized holidays. B. Contractor must pick up work order within two business days of contract. All work orders assigned will need to be completed within the specified period: 1. One to five calendar days for mowing/lot cleaning 2. One to five calendar days for board ups, unless emergency conditions require immediate attention. C. In the event Contractor, does not complete the work order within the required five days of assignment, the City reserves the right to arrange for services from the next Contractor. However, the City’s right to use the entity of its choice in emergencies shall take precedence over the rotation list or list of qualified contracted providers. Moreover, as determined by the City, Contractor’s frequent failure to prosecute the work described herein may result in disqualification of the Contractor Page 2 of 6 and removal from the rotation list. This decision will be made by the City and is final. D. In the event of equipment failure that will extend work order completion past completion date, Contractor must contact the Contract Administrator responsible for contractors or department designee. 4. Scope of Work A. The Contractor shall remove all trash, debris, cans, bottles, tires, paper and plastic from the grounds and fence lines. After mowing, Contractor shall remove any trash and debris that was cut up by the mowing process. Contractor must hand mow and rake where needed. Contractor will not dispose of any trash or debris into dumpsters located on the property. The trash and debris must be removed from the property and disposed of in accordance with City ordinances. A receipt of disposal from the City landfills or other Texas Commission on Environmental Quality (TECQ) registered landfills will be required as proof of final and proper disposal. Contractor is required to show work order or case number to landfill scale personnel to show proof of worksite and avoid disposal fee. A penalty may be imposed for failure to provide proof of receipt and/or payment may be withheld. B. The Contractor shall clean and scrape sidewalks, curbs, and gutters from accumulation of grass growth, dirt, and sand. Contractor shall clean all sidewalks, fence lines, curbs, gutters, street edge, structures, buildings, and guy wires free from clinging, climbing, and crawling grasses, vines, sands, dirt, and grass clippings as required in City Code of Ordinance No. 025707. C. Trees identified for removal must be cut to ground level. Contractor shall trim all tree limbs that hang lower than seven feet over sidewalk or ground surface and tree limbs that hang lower than 13 feet over street. D. Contractor shall not remove any gas tanks or 55-gallon drums from the property. The landfill will accept oil, paint, pesticides and solvents. E. Contractor shall avoid causing “windrows” when mowing. Windrows occur when a mower goes one direction and causes the grass to lie over Page 3 of 6 because of wheels, etc., This creates rows of grass that are not cut uniformly. F. Unless otherwise specified by the City, Contractor must leave all fencing intact and in the same state of repair as existed immediately prior to Contractor commencing work. G. Contractor may not store any equipment or tools on any work site. After completion of work, Contractor must remove all equipment, supplies, and materials from the work site. H. All work completed by Contractor shall be subject to the approval of the area City Code Enforcement Official or departmental designee. The City Code Enforcement Official shall have the right to require Contractor to re-mow, re-trim, re-edge, re-sweep, or re-board properties if the work has not been performed to contract. Properties which have not been mowed adequately will be re-done before payment authorization is approved. I. Contractor shall meet all the requirements for property securing a vacant structure as designated in the New Vacant Building Ordinance No. 025929, Sec. 13-3009 Standards for boarding a vacant building. J. Contractor will perform in a good and workmanlike manner all work assigned. Contractor will maintain a professional and civil disposition with all City representatives, City staff members, and the general public. Failure to maintain a professional/workmanlike manner may result in the termination of Contractor’s agreement as determined by the City. K. Photographs are required on each work order issued. In regards to a vacant building, a minimum of eight photographs are required to include: one from the front (including curb and gutter), one from the back (including rear yard), one from each side of structure, before the work is started, and one of each location listed above after the work is completed. In regards to a vacant lot, a minimum of four photographs are required to include: one from the front (including curb and gutter), and one including the rear of the lot. Each photograph is to be taken at the same location and angle as the before pictures. Address and date Page 4 of 6 each photograph. If photographs are not submitted at the completion of the job, payment may be delayed. L. Contractor shall possess and display a current Solid Waste Hauler Permit sticker on each vehicle and trailer used for transporting solid waste. (Permit must be renewed by August 1 of each year.) M. Contractor shall have a tarpaulin or cover over the load when transporting solid waste to landfill or other approved point of disposal. N. If an emergency is declared by the City, the City reserves the right to use any entity of its choosing. Determination and declarations of emergencies are at the sole discretion of the City. O. Any and all costs, either direct or indirect, associated with or incidental to Contractor’s performance of the services described in this scope of work are the sole responsibility of Contractor and are considered to be included in the contract pricing. Such expenses may include buy not limited to travel to and from the subject property, execution of the work order, clearing and transporting of debris, storage fees, hauler permit fees, cost of required insurances, etc. P. Contractor shall ensure that subcontractors (including those persons secured through a temporary staffing company) comply with all requirements of this contract including, but not limited to, those regarding insurance, and permits. Q. Contractor shall remain in full compliance with all requirements. Cancellation or expiration of insurance (unless renewed or secured through another licensed insurance provider) during the contract period will result in automatic disqualification of Contractor and removal from the rotation list. R. Contractor must be equipped with a cellular telephone. Contractor shall furnish the City with a list of cellular telephone numbers for on-site representatives. This is to provide a means of effective communication between City officials and Contractor’s representative concerning directions, response time, cancellations or problems encountered at the site. 5. Ozone Warning Days A. All push mowers, weed eaters, motor scooters or other small engines shall not be used at all. Page 5 of 6 A. No mowing shall be done on the designated Ozone Action Days except in the case of a special event or emergency or removing a liability. If mowing is necessary for such a situation, mowing shall be kept to a minimum. However, the City shall retain the right to determine and notify the Contractor of any such Special event, emergency, or liability. B. Diesel powered mowing equipment shall be allowed to operate on the second day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has made contact with the City and received permission to proceed with the work order. C. Equipment using reformulated gas shall be allowed to operate on the third day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has made contact with the City and received permission to proceed with the work order. 6. Security Requirements A. Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the work site and replacing fencing if removed by Contractor. B. Contractor shall not enter the buildings at any locations for any reason without receiving prior approval from the designated Code Enforcement Compliance Supervisor or Code Enforcement Officer. 7. Protection of Property A. Contractor shall take proper measures to protect all property which might be injured or damaged by Contractor’s work, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of Contractor, Contractor shall restore, at Contractor’s own expense, the damaged property to a condition similar or equal to that existing before such injury or damage was done, or Contractor shall make good such injury or damage in an acceptable manner to the City. All Contractor caused damages which are not repaired or compensated for by Contractor will be repaired or compensated for by City forces at the Contractors expense. All expenses charged by the City for such repair work or compensation shall be deducted from any monies owed to such the Contractor under any agreement between the City and Contractor. B. Mowing equipment and /or heavy equipment shall not be permitted on properties when, in the opinion of the Contract Administrator, soil and weather conditions are such that the property will be damaged. Any Page 6 of 6 damage caused by mowing equipment and/or heavy equipment shall be addressed by the Contract Administrator. Page 1 of 1 Attachment B: Bid/Pricing Schedule By means of this RFQ, the City will secure qualified Contractors agreeing to the following standard service price schedules, established by the City of Corpus Christi: A. Mowing & Clearing- Vacant Lot Rate Table: LOT SIZE 1 2 3 4 5 6 7 1-5,000 square feet 5,001- 10,000 square feet 10,001- 15,000 square feet 15,001- 20,000 square feet 20,001- 25,000 square feet 25,001- 30,000 square feet Over 30,000 square feet Density A $0.013 $0.011 $0.009 $0.007 $0.006 $0.005 To be bid out Density B $0.017 $0.015 $0.013 $0.011 $0.009 $0.007 To be bid out Density C $0.025 $0.022 $0.019 $0.017 $0.015 $0.012 To be bid out NOTE: If the square footage times the price per square foot is less than or equal to $65.00, then the Contractor will be paid $65.00. For lot sizes over 30,000 square feet, the City will solicit bids from the next three qualified Contractors on the rotation list. All bids shall be submitted on the CLEAN UP FORM and/or the BOARD UP FORM (attached). Of the three, the qualified vendor who submits the lowest bid will be awarded that job. The two qualified vendors who do not win the bid will be returned to the rotation list. Density A: Low density vegetation. Density B: Medium density vegetation and/or light debris. Density C: High density vegetation and/or heavy debris Light Debris: Grass clippings, high weeds (12” or higher), leaves, paper and plastic litter items and discarded textiles of all sorts. Moderate Debris: Trash items including, but not limited to, aluminum or tin cans, toys, bottles, old vessels of all sorts, and household items (e.g. dishes, tableware, pots and pans, etc.) Heavy Debris: Appliances, toilets, furniture, tires, tree trunks, tree limbs and branches. B. Other Services: Service Unit Price Tree Trimming (7 ft. from the ground and 13 ft. over the street) $35.00 each Tree Removal $85.00 each Debris Disposal ( construction material/brush/furniture/bulky items) $47.10 per ton Concrete Disposal (slab/rubber) $19.81 per ton Securing Structures (Board ups) with contractor provided list $55.00 each opening Disposal fee $10.00 per work order Improper Set Out Fee/Too Early Set Out $50.00 per work order NOTE: The city reserves the right to change the rates listed above based on changes to fees for disposal of items at the landfill or other conditions that may warrant price changes. Page 1 of 4 Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Park & Recreation Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit Page 2 of 4 WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part B of this Exhibit. $500,000/$500,000/$500,000 3.In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3.Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4.Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Page 3 of 4 •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. 5.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. 6.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. Page 4 of 4 9.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 - Code Enforcement Mowing, Edging, Line, Tree, Brush Trimming and Removal, Debris Removal, and Securing Properties 10/24/2017 sw Risk Management Bonds are not required for this service. Attachment D: Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 Service Agreement Form – Mowing Contracts Page 1 of 7 Approved as to Legal Form 6/19/18 SERVICE AGREEMENT NO. 1789 Mowing and Servicing of Vacant Properties for Code Enforcement THIS Mowing and Servicing of Vacant Properties for Code Enforcement Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Joe Manuel Perez dba J.M. Perez & Grandsons, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Servicing of Vacant Properties for Code Enforcement in response to Request for Qualifications No. 1273 (“RFQ”), which RFQ includes the required scope of work and all specifications and which RFQ and the Contractor’s response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing and Servicing of Vacant Properties for Code Enforcement (“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 24 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 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 $45,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached 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 Service Agreement Form – Mowing Contracts Page 2 of 7 Approved as to Legal Form 6/19/18 Liza Lopez Neighborhood Services 361.826.3043 LizaC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFQ 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. Service Agreement Form – Mowing Contracts Page 3 of 7 Approved as to Legal Form 6/19/18 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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. Service Agreement Form – Mowing Contracts Page 4 of 7 Approved as to Legal Form 6/19/18 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 Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Liza Lopez Compliance Office Supervisor 1201 Leopard Street, Corpus Chrisit, Texas 78401 361.826.3043 Fax: 361.826.3011 IF TO CONTRACTOR: J.M. Perez & Grandsons, LLC Attn: Joe M. Perez Owner 907 Marriott, Portland, Texas 78374 361.442.9803 Fax: 361.442.9803 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 Service Agreement Form – Mowing Contracts Page 5 of 7 Approved as to Legal Form 6/19/18 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to 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; Service Agreement Form – Mowing Contracts Page 6 of 7 Approved as to Legal Form 6/19/18 C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s 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. 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) Page 1 of 6 Attachment A: Scope of Work 1. General Requirements The type of “Work” to be performed under this contract includes: mowing, line trimming, edging, tree/brush trimming and removal, removal of debris, and securing of vacant properties, vacant developed properties, and occasionally occupied properties as deemed necessary on a health and safety basis. Contractor shall provide all labor, insurance and equipment necessary to provide for full mowing services as specified herein. 2. Contractor Rotation Process A. The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. A. For each mowing and servicing of vacant properties job, the City will contract the next qualified Contractor on the rotation list. B. The rotation will be maintained for the duration of the term of any contract and extensions thereof. C. Work orders will be issued by the City for each property that needs 3. Schedule A. Hours of Operation – Contractor shall perform the work Monday through Friday and will be required to be available for weekend assignments as necessary, excluding City recognized holidays. B. Contractor must pick up work order within two business days of contract. All work orders assigned will need to be completed within the specified period: 1. One to five calendar days for mowing/lot cleaning 2. One to five calendar days for board ups, unless emergency conditions require immediate attention. C. In the event Contractor, does not complete the work order within the required five days of assignment, the City reserves the right to arrange for services from the next Contractor. However, the City’s right to use the entity of its choice in emergencies shall take precedence over the rotation list or list of qualified contracted providers. Moreover, as determined by the City, Contractor’s frequent failure to prosecute the work described herein may result in disqualification of the Contractor Page 2 of 6 and removal from the rotation list. This decision will be made by the City and is final. D. In the event of equipment failure that will extend work order completion past completion date, Contractor must contact the Contract Administrator responsible for contractors or department designee. 4. Scope of Work A. The Contractor shall remove all trash, debris, cans, bottles, tires, paper and plastic from the grounds and fence lines. After mowing, Contractor shall remove any trash and debris that was cut up by the mowing process. Contractor must hand mow and rake where needed. Contractor will not dispose of any trash or debris into dumpsters located on the property. The trash and debris must be removed from the property and disposed of in accordance with City ordinances. A receipt of disposal from the City landfills or other Texas Commission on Environmental Quality (TECQ) registered landfills will be required as proof of final and proper disposal. Contractor is required to show work order or case number to landfill scale personnel to show proof of worksite and avoid disposal fee. A penalty may be imposed for failure to provide proof of receipt and/or payment may be withheld. B. The Contractor shall clean and scrape sidewalks, curbs, and gutters from accumulation of grass growth, dirt, and sand. Contractor shall clean all sidewalks, fence lines, curbs, gutters, street edge, structures, buildings, and guy wires free from clinging, climbing, and crawling grasses, vines, sands, dirt, and grass clippings as required in City Code of Ordinance No. 025707. C. Trees identified for removal must be cut to ground level. Contractor shall trim all tree limbs that hang lower than seven feet over sidewalk or ground surface and tree limbs that hang lower than 13 feet over street. D. Contractor shall not remove any gas tanks or 55-gallon drums from the property. The landfill will accept oil, paint, pesticides and solvents. E. Contractor shall avoid causing “windrows” when mowing. Windrows occur when a mower goes one direction and causes the grass to lie over Page 3 of 6 because of wheels, etc., This creates rows of grass that are not cut uniformly. F. Unless otherwise specified by the City, Contractor must leave all fencing intact and in the same state of repair as existed immediately prior to Contractor commencing work. G. Contractor may not store any equipment or tools on any work site. After completion of work, Contractor must remove all equipment, supplies, and materials from the work site. H. All work completed by Contractor shall be subject to the approval of the area City Code Enforcement Official or departmental designee. The City Code Enforcement Official shall have the right to require Contractor to re-mow, re-trim, re-edge, re-sweep, or re-board properties if the work has not been performed to contract. Properties which have not been mowed adequately will be re-done before payment authorization is approved. I. Contractor shall meet all the requirements for property securing a vacant structure as designated in the New Vacant Building Ordinance No. 025929, Sec. 13-3009 Standards for boarding a vacant building. J. Contractor will perform in a good and workmanlike manner all work assigned. Contractor will maintain a professional and civil disposition with all City representatives, City staff members, and the general public. Failure to maintain a professional/workmanlike manner may result in the termination of Contractor’s agreement as determined by the City. K. Photographs are required on each work order issued. In regards to a vacant building, a minimum of eight photographs are required to include: one from the front (including curb and gutter), one from the back (including rear yard), one from each side of structure, before the work is started, and one of each location listed above after the work is completed. In regards to a vacant lot, a minimum of four photographs are required to include: one from the front (including curb and gutter), and one including the rear of the lot. Each photograph is to be taken at the same location and angle as the before pictures. Address and date Page 4 of 6 each photograph. If photographs are not submitted at the completion of the job, payment may be delayed. L. Contractor shall possess and display a current Solid Waste Hauler Permit sticker on each vehicle and trailer used for transporting solid waste. (Permit must be renewed by August 1 of each year.) M. Contractor shall have a tarpaulin or cover over the load when transporting solid waste to landfill or other approved point of disposal. N. If an emergency is declared by the City, the City reserves the right to use any entity of its choosing. Determination and declarations of emergencies are at the sole discretion of the City. O. Any and all costs, either direct or indirect, associated with or incidental to Contractor’s performance of the services described in this scope of work are the sole responsibility of Contractor and are considered to be included in the contract pricing. Such expenses may include buy not limited to travel to and from the subject property, execution of the work order, clearing and transporting of debris, storage fees, hauler permit fees, cost of required insurances, etc. P. Contractor shall ensure that subcontractors (including those persons secured through a temporary staffing company) comply with all requirements of this contract including, but not limited to, those regarding insurance, and permits. Q. Contractor shall remain in full compliance with all requirements. Cancellation or expiration of insurance (unless renewed or secured through another licensed insurance provider) during the contract period will result in automatic disqualification of Contractor and removal from the rotation list. R. Contractor must be equipped with a cellular telephone. Contractor shall furnish the City with a list of cellular telephone numbers for on-site representatives. This is to provide a means of effective communication between City officials and Contractor’s representative concerning directions, response time, cancellations or problems encountered at the site. 5. Ozone Warning Days A. All push mowers, weed eaters, motor scooters or other small engines shall not be used at all. Page 5 of 6 A. No mowing shall be done on the designated Ozone Action Days except in the case of a special event or emergency or removing a liability. If mowing is necessary for such a situation, mowing shall be kept to a minimum. However, the City shall retain the right to determine and notify the Contractor of any such Special event, emergency, or liability. B. Diesel powered mowing equipment shall be allowed to operate on the second day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has made contact with the City and received permission to proceed with the work order. C. Equipment using reformulated gas shall be allowed to operate on the third day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has made contact with the City and received permission to proceed with the work order. 6. Security Requirements A. Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the work site and replacing fencing if removed by Contractor. B. Contractor shall not enter the buildings at any locations for any reason without receiving prior approval from the designated Code Enforcement Compliance Supervisor or Code Enforcement Officer. 7. Protection of Property A. Contractor shall take proper measures to protect all property which might be injured or damaged by Contractor’s work, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of Contractor, Contractor shall restore, at Contractor’s own expense, the damaged property to a condition similar or equal to that existing before such injury or damage was done, or Contractor shall make good such injury or damage in an acceptable manner to the City. All Contractor caused damages which are not repaired or compensated for by Contractor will be repaired or compensated for by City forces at the Contractors expense. All expenses charged by the City for such repair work or compensation shall be deducted from any monies owed to such the Contractor under any agreement between the City and Contractor. B. Mowing equipment and /or heavy equipment shall not be permitted on properties when, in the opinion of the Contract Administrator, soil and weather conditions are such that the property will be damaged. Any Page 6 of 6 damage caused by mowing equipment and/or heavy equipment shall be addressed by the Contract Administrator. Page 1 of 1 Attachment B: Bid/Pricing Schedule By means of this RFQ, the City will secure qualified Contractors agreeing to the following standard service price schedules, established by the City of Corpus Christi: A. Mowing & Clearing- Vacant Lot Rate Table: LOT SIZE 1 2 3 4 5 6 7 1-5,000 square feet 5,001- 10,000 square feet 10,001- 15,000 square feet 15,001- 20,000 square feet 20,001- 25,000 square feet 25,001- 30,000 square feet Over 30,000 square feet Density A $0.013 $0.011 $0.009 $0.007 $0.006 $0.005 To be bid out Density B $0.017 $0.015 $0.013 $0.011 $0.009 $0.007 To be bid out Density C $0.025 $0.022 $0.019 $0.017 $0.015 $0.012 To be bid out NOTE: If the square footage times the price per square foot is less than or equal to $65.00, then the Contractor will be paid $65.00. For lot sizes over 30,000 square feet, the City will solicit bids from the next three qualified Contractors on the rotation list. All bids shall be submitted on the CLEAN UP FORM and/or the BOARD UP FORM (attached). Of the three, the qualified vendor who submits the lowest bid will be awarded that job. The two qualified vendors who do not win the bid will be returned to the rotation list. Density A: Low density vegetation. Density B: Medium density vegetation and/or light debris. Density C: High density vegetation and/or heavy debris Light Debris: Grass clippings, high weeds (12” or higher), leaves, paper and plastic litter items and discarded textiles of all sorts. Moderate Debris: Trash items including, but not limited to, aluminum or tin cans, toys, bottles, old vessels of all sorts, and household items (e.g. dishes, tableware, pots and pans, etc.) Heavy Debris: Appliances, toilets, furniture, tires, tree trunks, tree limbs and branches. B. Other Services: Service Unit Price Tree Trimming (7 ft. from the ground and 13 ft. over the street) $35.00 each Tree Removal $85.00 each Debris Disposal ( construction material/brush/furniture/bulky items) $47.10 per ton Concrete Disposal (slab/rubber) $19.81 per ton Securing Structures (Board ups) with contractor provided list $55.00 each opening Disposal fee $10.00 per work order Improper Set Out Fee/Too Early Set Out $50.00 per work order NOTE: The city reserves the right to change the rates listed above based on changes to fees for disposal of items at the landfill or other conditions that may warrant price changes. Page 1 of 4 Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Park & Recreation Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit Page 2 of 4 WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part B of this Exhibit. $500,000/$500,000/$500,000 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Page 3 of 4 • 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. 5. 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. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. Page 4 of 4 9.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 - Code Enforcement Mowing, Edging, Line, Tree, Brush Trimming and Removal, Debris Removal, and Securing Properties 10/24/2017 sw Risk Management Bonds are not required for this service. Attachment D: Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 Service Agreement Form – Mowing Contracts Page 1 of 7 Approved as to Legal Form 6/19/18 SERVICE AGREEMENT NO. 1838 Mowing and Servicing of Vacant Properties for Code Enforcement THIS Mowing and Servicing of Vacant Properties for Code Enforcement Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and CML Services, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Servicing of Vacant Properties for Code Enforcement in response to Request for Qualifications No. 1273 (“RFQ”), which RFQ includes the required scope of work and all specifications and which RFQ and the Contractor’s response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Mowing and Servicing of Vacant Properties for Code Enforcement (“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 24 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 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 $45,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached 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 Form – Mowing Contracts Page 2 of 7 Approved as to Legal Form 6/19/18 Liza Lopez Neighborhood Services 361.826.3043 LizaC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFQ 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. Service Agreement Form – Mowing Contracts Page 3 of 7 Approved as to Legal Form 6/19/18 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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. Service Agreement Form – Mowing Contracts Page 4 of 7 Approved as to Legal Form 6/19/18 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Liza Lopez Compliance Office Supervisor 1201 Leopard Street, Corpus Chrisit, Texas 78401 361.826.3043 Fax: 361.826.3011 IF TO CONTRACTOR: CML Services, LLC Attn: Sandra Alvarezl President/CEO PO Box 270100 Corpus Christi, Texas 78427 361.730-9191 Fax: 361.371-5618 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, Service Agreement Form – Mowing Contracts Page 5 of 7 Approved as to Legal Form 6/19/18 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A)The City Manager may terminate this Agreement for Contractor’s failure to 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; Service Agreement Form – Mowing Contracts Page 6 of 7 Approved as to Legal Form 6/19/18 C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s 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. 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) Page 1 of 6 Attachment A: Scope of Work 1. General Requirements The type of “Work” to be performed under this contract includes: mowing, line trimming, edging, tree/brush trimming and removal, removal of debris, and securing of vacant properties, vacant developed properties, and occasionally occupied properties as deemed necessary on a health and safety basis. Contractor shall provide all labor, insurance and equipment necessary to provide for full mowing services as specified herein. 2. Contractor Rotation Process A. The initial order in which Contractors are placed on the rotation list shall be determined by random drawing. The first Contractor’s name drawn shall be the first on the list. The second name drawn shall be second, and so on. A.For each mowing and servicing of vacant properties job, the City will contract the next qualified Contractor on the rotation list. B.The rotation will be maintained for the duration of the term of any contract and extensions thereof. C.Work orders will be issued by the City for each property that needs 3. Schedule A. Hours of Operation – Contractor shall perform the work Monday through Friday and will be required to be available for weekend assignments as necessary, excluding City recognized holidays. B. Contractor must pick up work order within two business days of contract. All work orders assigned will need to be completed within the specified period: 1. One to five calendar days for mowing/lot cleaning 2. One to five calendar days for board ups, unless emergency conditions require immediate attention. C.In the event Contractor, does not complete the work order within the required five days of assignment, the City reserves the right to arrange for services from the next Contractor. However, the City’s right to use the entity of its choice in emergencies shall take precedence over the rotation list or list of qualified contracted providers. Moreover, as determined by the City, Contractor’s frequent failure to prosecute the work described herein may result in disqualification of the Contractor Page 2 of 6 and removal from the rotation list. This decision will be made by the City and is final. D.In the event of equipment failure that will extend work order completion past completion date, Contractor must contact the Contract Administrator responsible for contractors or department designee. 4. Scope of Work A.The Contractor shall remove all trash, debris, cans, bottles, tires, paper and plastic from the grounds and fence lines. After mowing, Contractor shall remove any trash and debris that was cut up by the mowing process. Contractor must hand mow and rake where needed. Contractor will not dispose of any trash or debris into dumpsters located on the property. The trash and debris must be removed from the property and disposed of in accordance with City ordinances. A receipt of disposal from the City landfills or other Texas Commission on Environmental Quality (TECQ) registered landfills will be required as proof of final and proper disposal. Contractor is required to show work order or case number to landfill scale personnel to show proof of worksite and avoid disposal fee. A penalty may be imposed for failure to provide proof of receipt and/or payment may be withheld. B.The Contractor shall clean and scrape sidewalks, curbs, and gutters from accumulation of grass growth, dirt, and sand. Contractor shall clean all sidewalks, fence lines, curbs, gutters, street edge, structures, buildings, and guy wires free from clinging, climbing, and crawling grasses, vines, sands, dirt, and grass clippings as required in City Code of Ordinance No. 025707. C.Trees identified for removal must be cut to ground level. Contractor shall trim all tree limbs that hang lower than seven feet over sidewalk or ground surface and tree limbs that hang lower than 13 feet over street. D.Contractor shall not remove any gas tanks or 55-gallon drums from the property. The landfill will accept oil, paint, pesticides and solvents. E.Contractor shall avoid causing “windrows” when mowing. Windrows occur when a mower goes one direction and causes the grass to lie over Page 3 of 6 because of wheels, etc., This creates rows of grass that are not cut uniformly. F.Unless otherwise specified by the City, Contractor must leave all fencing intact and in the same state of repair as existed immediately prior to Contractor commencing work. G.Contractor may not store any equipment or tools on any work site. After completion of work, Contractor must remove all equipment, supplies, and materials from the work site. H.All work completed by Contractor shall be subject to the approval of the area City Code Enforcement Official or departmental designee. The City Code Enforcement Official shall have the right to require Contractor to re-mow, re-trim, re-edge, re-sweep, or re-board properties if the work has not been performed to contract. Properties which have not been mowed adequately will be re-done before payment authorization is approved. I.Contractor shall meet all the requirements for property securing a vacant structure as designated in the New Vacant Building Ordinance No. 025929, Sec. 13-3009 Standards for boarding a vacant building. J.Contractor will perform in a good and workmanlike manner all work assigned. Contractor will maintain a professional and civil disposition with all City representatives, City staff members, and the general public. Failure to maintain a professional/workmanlike manner may result in the termination of Contractor’s agreement as determined by the City. K.Photographs are required on each work order issued. In regards to a vacant building, a minimum of eight photographs are required to include: one from the front (including curb and gutter), one from the back (including rear yard), one from each side of structure, before the work is started, and one of each location listed above after the work is completed. In regards to a vacant lot, a minimum of four photographs are required to include: one from the front (including curb and gutter), and one including the rear of the lot. Each photograph is to be taken at the same location and angle as the before pictures. Address and date Page 4 of 6 each photograph. If photographs are not submitted at the completion of the job, payment may be delayed. L. Contractor shall possess and display a current Solid Waste Hauler Permit sticker on each vehicle and trailer used for transporting solid waste. (Permit must be renewed by August 1 of each year.) M. Contractor shall have a tarpaulin or cover over the load when transporting solid waste to landfill or other approved point of disposal. N. If an emergency is declared by the City, the City reserves the right to use any entity of its choosing. Determination and declarations of emergencies are at the sole discretion of the City. O. Any and all costs, either direct or indirect, associated with or incidental to Contractor’s performance of the services described in this scope of work are the sole responsibility of Contractor and are considered to be included in the contract pricing. Such expenses may include buy not limited to travel to and from the subject property, execution of the work order, clearing and transporting of debris, storage fees, hauler permit fees, cost of required insurances, etc. P. Contractor shall ensure that subcontractors (including those persons secured through a temporary staffing company) comply with all requirements of this contract including, but not limited to, those regarding insurance, and permits. Q. Contractor shall remain in full compliance with all requirements. Cancellation or expiration of insurance (unless renewed or secured through another licensed insurance provider) during the contract period will result in automatic disqualification of Contractor and removal from the rotation list. R. Contractor must be equipped with a cellular telephone. Contractor shall furnish the City with a list of cellular telephone numbers for on-site representatives. This is to provide a means of effective communication between City officials and Contractor’s representative concerning directions, response time, cancellations or problems encountered at the site. 5. Ozone Warning Days A. All push mowers, weed eaters, motor scooters or other small engines shall not be used at all. Page 5 of 6 A. No mowing shall be done on the designated Ozone Action Days except in the case of a special event or emergency or removing a liability. If mowing is necessary for such a situation, mowing shall be kept to a minimum. However, the City shall retain the right to determine and notify the Contractor of any such Special event, emergency, or liability. B. Diesel powered mowing equipment shall be allowed to operate on the second day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has made contact with the City and received permission to proceed with the work order. C. Equipment using reformulated gas shall be allowed to operate on the third day of consecutive Ozone Action Days, if equipment is labeled stating the type of fuel used and Contractor has made contact with the City and received permission to proceed with the work order. 6. Security Requirements A. Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the work site and replacing fencing if removed by Contractor. B. Contractor shall not enter the buildings at any locations for any reason without receiving prior approval from the designated Code Enforcement Compliance Supervisor or Code Enforcement Officer. 7. Protection of Property A. Contractor shall take proper measures to protect all property which might be injured or damaged by Contractor’s work, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of Contractor, Contractor shall restore, at Contractor’s own expense, the damaged property to a condition similar or equal to that existing before such injury or damage was done, or Contractor shall make good such injury or damage in an acceptable manner to the City. All Contractor caused damages which are not repaired or compensated for by Contractor will be repaired or compensated for by City forces at the Contractors expense. All expenses charged by the City for such repair work or compensation shall be deducted from any monies owed to such the Contractor under any agreement between the City and Contractor. B. Mowing equipment and /or heavy equipment shall not be permitted on properties when, in the opinion of the Contract Administrator, soil and weather conditions are such that the property will be damaged. Any Page 6 of 6 damage caused by mowing equipment and/or heavy equipment shall be addressed by the Contract Administrator. Page 1 of 1 Attachment B: Bid/Pricing Schedule By means of this RFQ, the City will secure qualified Contractors agreeing to the following standard service price schedules, established by the City of Corpus Christi: A.Mowing & Clearing- Vacant Lot Rate Table: LOT SIZE 1 2 3 4 5 6 7 1-5,000 square feet 5,001- 10,000 square feet 10,001- 15,000 square feet 15,001- 20,000 square feet 20,001- 25,000 square feet 25,001- 30,000 square feet Over 30,000 square feet Density A $0.013 $0.011 $0.009 $0.007 $0.006 $0.005 To be bid out Density B $0.017 $0.015 $0.013 $0.011 $0.009 $0.007 To be bid out Density C $0.025 $0.022 $0.019 $0.017 $0.015 $0.012 To be bid out NOTE: If the square footage times the price per square foot is less than or equal to $65.00, then the Contractor will be paid $65.00. For lot sizes over 30,000 square feet, the City will solicit bids from the next three qualified Contractors on the rotation list. All bids shall be submitted on the CLEAN UP FORM and/or the BOARD UP FORM (attached). Of the three, the qualified vendor who submits the lowest bid will be awarded that job. The two qualified vendors who do not win the bid will be returned to the rotation list. Density A: Low density vegetation. Density B: Medium density vegetation and/or light debris. Density C: High density vegetation and/or heavy debris Light Debris: Grass clippings, high weeds (12” or higher), leaves, paper and plastic litter items and discarded textiles of all sorts. Moderate Debris: Trash items including, but not limited to, aluminum or tin cans, toys, bottles, old vessels of all sorts, and household items (e.g. dishes, tableware, pots and pans, etc.) Heavy Debris: Appliances, toilets, furniture, tires, tree trunks, tree limbs and branches. B.Other Services: Service Unit Price Tree Trimming (7 ft. from the ground and 13 ft. over the street) $35.00 each Tree Removal $85.00 each Debris Disposal ( construction material/brush/furniture/bulky items) $47.10 per ton Concrete Disposal (slab/rubber) $19.81 per ton Securing Structures (Board ups) with contractor provided list $55.00 each opening Disposal fee $10.00 per work order Improper Set Out Fee/Too Early Set Out $50.00 per work order NOTE: The city reserves the right to change the rates listed above based on changes to fees for disposal of items at the landfill or other conditions that may warrant price changes. Page 1 of 4 Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Park & Recreation Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit Page 2 of 4 WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part B of this Exhibit. $500,000/$500,000/$500,000 3.In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3.Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4.Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Page 3 of 4 •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. 5.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. 6.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. Page 4 of 4 9.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 - Code Enforcement Mowing, Edging, Line, Tree, Brush Trimming and Removal, Debris Removal, and Securing Properties 10/24/2017 sw Risk Management Bonds are not required for this service. Attachment D: Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 Project No.: 18092A & 18093A Legistar No.: 19-0922 1 IP/GH Rev. 7 – 07/29/19 DATE: July 23, 2019 AGEND A MEMORANDUM Action Item for the City Council Meeting of August 13, 2019 TO: Peter Zanoni, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, Executive Director of W ater Utilities dang@cctexas.com (361) 826-1718 Construction Contract Woodsboro Pump Station Roof Repairs & Bloomington Pump Station Roof Repairs (Capital Improvement Program) CAPTION: Motion awarding a contract to Coast to Coast Construction, Inc., in the amount of $492,138.00 to replace damaged roof s, metal siding and upgrade lighting to energy efficient LED lighting at W oodsboro Pump Station and Bloomington Pump Station funded by Mary Rhodes Phase 2 reserves. PURPOSE: This project provides for complete replacement of existing roofs, exterior doors, damaged sections of exterior wall panels with interior LED lighting upgrades at both pump stations. BACKGROUND AND FINDINGS: These two pump stations were constructed in 1998 to convey water from Lake Texana to the O.N. Stevens W ater Treatment Plant (approximately 100 miles). The building roofs and exterior envelope is at the end of service life and requires replacement. The existing interior lighting is inadequate and inefficient. This project replaces the existing roof and exterior doors. A summary of the project includes: • Removal of deteriorated roof deck insulation Project No.: 18092A & 18093A 2 IP/GH Legistar No.: 19-0922 Rev. 7 – 07/29/19 • Installation of new roof deck insulation • Replacement of the existing roof at both locations • Replacement of damaged exterior wall panels • Replacement of damaged exterior doors • LED lighting improvements Both pump stations have identical scopes and were included under one contract to obtain competitive pricing. This project was previously advertised under the FMAC program. All bids were rejected due to costs exceeding available funds; see table below: FMAC BID SUMMARY CONTRACTOR TOTAL BID Barcom Construction $625,768 JE Construction $532,688 Engineer’s Opinion of Probable Cost $420,000 The project scope was revised and re-advertised in the open market to increase competition with potential contractors in the localities of the pump stations. BASE BID: The project was developed with a Base Bid and Additive Alternate No. 2 as described below: Base Bid – Provides for approximately 5,800 SF of roof replacement (per building), exterior door replacement, some exterior metal wall panel replacement, and replacement of existing lighting with energy efficient LED luminaires at the existing 18092A – Woodsboro Pump Station Building and 18093A – Bloomington Pump Station Building (2 separate locations). Additive Alternative No. 1 – This additive alternate was removed from scope of work during the bidding process, which included additives No. 1A and No. 1B. Additive Alternative No. 2 – Provides for addition of rooftop walk pad, one (1) per building, which include Additives No. 2A and No. 2B (Rooftop Walk Pads). On June 12, 2019 the City received proposals from two (2) bidders. Both bids were determined to be responsive and responsible. A summary of the bids is provided below. BID SUMMARY CONTRACTOR BASE BID ADD. ALT. 2 TOTAL BID Coast to Coast Construction Inc. 302 Laurel Dr. Corpus Christi, Texas $486,138 $6,000 $492,138 Abba Construction LLC. P.O. Box 451441 Laredo, Texas $629,040 $9,000 $638,040 Engineer’s Opinion of Probable Cost $420,000 $10,400 $430,400 BID EVALUATIONS: The new open bids were comparable to the previous FMAC. The revised scope had nominal impact to the overall price. Both contractors were found to be responsive bidders and responsible bidders. Responsiveness was based on the accurate submission of all required bid items; bid Project No.: 18092A & 18093A 3 IP/GH Legistar No.: 19-0922 Rev. 7 – 07/29/19 bonds; forms and required information. Responsible bidder determination is based on meeting the minimum requirements required in the bid documents (past performance of the firm with the successful completion of five similar projects within the last five years, and acceptable safety record and financial history). Responsibility also includes the qualifications of the project superintendent and project manager with at least five years of recent and relevant project complexity. This is the first City project with Coast to Coast Construction, Inc. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2018 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: □ Operating □ Revenue X Capital □ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 2,035,400 2,035,400 Encumbered / Expended Amount 77,101 77,101 This item 492,138 492,138 Future Anticipated Expenditures This Project 67,696 67,696 BALANCE 1,398,465 1,398,465 CIP Sequence Water Supply #1 Fund: Water 2015 Mary Rhodes Pipeline Phase 2 (Fund 4095) Projects: 18092A and 18093A Activity: 18092-A-4095-EXP & 18093-A-4095-EXP Account: 550910 RECOMMENDATION: Staff and Chuck Anastos & Associates recommend awarding a construction contract for the Base Bid and Additive Alternate No. 2 to Coast to Coast Construction, Inc. The construction duration Project No.: 18092A & 18093A 4 IP/GH Legistar No.: 19-0922 Rev. 7 – 07/29/19 is 120 calendar days with the plan to commence work in September 2019 and completion in December 2019. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Letter of Recommendation Bid Tabs N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Woodsboro Pump Station & Bloomington Pump Station Roof Repairs LOCATION MAP NOT TO SCALE PROJECT LOCATION PROJECT LOCATION CITY OF CORPUS CHRISTI Project Numbers: 18092A 18093A Council Presentation August 13, 2019 Woodsboro Pump Station Roof Repair & Bloomington Pump Station Roof Repair 1 2 Project Location 3 Project Vicinity 4 Project Vicinity 5 Project Scope This project replaces the existing roof and exterior doors with other improvements to the building exterior. A summary of the project includes: • Removal of deteriorated roof deck insulation • Installation of new roof deck insulation • Replacement of the existing roof at both locations • Replacement of damaged exterior wall metal panels • Replacement of damaged exterior doors • LED lighting improvements 6 Project Schedule Projected Schedule reflects City Council award in July 2019 with anticipated completion in December 2019. M J J A S O N D Bid Construction 2019 7 Questions? TABULATED BY: Kevin McCord Chuck Anastos Associates, LLC BID DATE: 12-Jun-19 ITEM DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 Mobilization (5% Max)LS 1 $10,717.00 $10,717.00 $14,500.00 $14,500.00 A2 Bonds and Insurance LS 1 $9,000.00 $9,000.00 $28,000.00 $28,000.00 A3 Permits LS 1 $3,000.00 $3,000.00 $3,500.00 $3,500.00 Subtotal Part 'A' (Items A1 through A3) B1 Remove interior lights LS 1 $3,000.00 $3,000.00 $16,200.00 $16,200.00 B2 Remove exterior wall pack light fixtures LS 1 $2,000.00 $2,000.00 $2,800.00 $2,800.00 B3 Remove damaged under-roof mounted insulation - Pump Room LS 1 $3,000.00 $3,000.00 $14,250.00 $14,250.00 B4 Remove exterior hollow metal doors EA 4 $1,000.00 $4,000.00 $555.00 $2,220.00 Subtotal Part 'B' (Items B1 through B8) C1 Repair / Replace exterior metal wall panel w/ flashing (up two girts)SF 120 $20.00 $2,400.00 $35.00 $4,200.00 C2 Install Galvalume gutter and downspouts system LS 1 $3,500.00 $3,500.00 $4,200.00 $4,200.00 C3 Patch removed skylights with metal panel and support bracing LS 1 $10,000.00 $10,000.00 $7,500.00 $7,500.00 Subtotal Part 'C' (Items C1 through C3) D1 Install new fiberglass doors and frames EA 4 $5,000.00 $20,000.00 $7,500.00 $30,000.00 Subtotal Part 'D' (Items D1 through D1) E1 PVC Membrane Roof system SF 5,800 $13.44 $77,952.00 $20.00 $116,000.00 PART E: DIVISION 7 - BUILDING 18092A $12,000.00 $15,900.00 $15,900.00 $30,000.00 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATION OF BIDS PART B: EXISTING CONDITIONS - BUILDING 18092A Woodsboro Pump Station Roof Repair - Project No. 18092A & Bloomington Pump Station Roof Repair - Project No. 18093A $22,717.00 302 Laurel Dr., Corpus Christi, TX 78404 $20,000.00 PART A: GENERAL - BUILDING 18092A PART C: DIVISION 5 - BUILDING 18092A PART D: DIVISION 6 - BUILDING 18092A Completion: 120 Cal Days ABBA Construction, LLC P.O. Box 451441, Laredo, TX 78045 $46,000.00 $35,470.00 Coast to Coast Construction, Inc. BASE BID - BUILDING 18092A Page 1 of 7 TABULATED BY: Kevin McCord Chuck Anastos Associates, LLC BID DATE: 12-Jun-19 ITEM DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATION OF BIDS Woodsboro Pump Station Roof Repair - Project No. 18092A & Bloomington Pump Station Roof Repair - Project No. 18093A 302 Laurel Dr., Corpus Christi, TX 78404 Completion: 120 Cal Days ABBA Construction, LLC P.O. Box 451441, Laredo, TX 78045 Coast to Coast Construction, Inc. BASE BID - BUILDING 18092A E2 Sealant LS 1 $2,000.00 $2,000.00 $5,000.00 $5,000.00 Subtotal Part 'E' (Items E1 through E2) F1 Paint replaced/ repaired exterior wall panels to adjacent LS 1 $1,500.00 $1,500.00 $1,500.00 $1,500.00 Subtotal Part 'F' (Items F1 through F1) G1 Install new LED Hi-bay light fixtures EA 11 $1,000.00 $11,000.00 $650.00 $7,150.00 G2 Install Electrical Room LED ceiling light fixtures EA 20 $1,000.00 $20,000.00 $650.00 $13,000.00 G3 Install LED light fixtures in pit EA 8 $1,000.00 $8,000.00 $650.00 $5,200.00 G4 Install LED emergency lighting EA 6 $1,000.00 $6,000.00 $650.00 $3,900.00 G5 Install interior LED wall light fixtures EA 16 $1,000.00 $16,000.00 $650.00 $10,400.00 G6 Install interior LED wall mounted vapor-tight fixtures EA 10 $1,000.00 $10,000.00 $750.00 $7,500.00 G7 Install Exterior LED wall pack fixtures EA 5 $1,000.00 $5,000.00 $500.00 $2,500.00 Subtotal Part 'F' (Items G1 through G7) H1 Allowance for Unanticipated Improvements at Building 18092A- if applicable LS 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 Subtotal Part 'H' (Items H1 through H1) ITEM DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT I1 Mobilization (5% Max)LS 1 $10,717.00 $10,717.00 $14,500.00 $14,500.00 $121,000.00 PART H: ALLOWANCES NO. 1 - BUILDING 18092A $15,000.00 $15,000.00 $1,500.00 PART G: DIVISION 26 - BUILDING 18092A $76,000.00 $49,650.00 PART F: DIVISION 9 - BUILDING 18092A $1,500.00 BASE BID - BUILDING 18093A PART I: GENERAL - BUILDING 18093A $79,952.00 Page 2 of 7 TABULATED BY: Kevin McCord Chuck Anastos Associates, LLC BID DATE: 12-Jun-19 ITEM DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATION OF BIDS Woodsboro Pump Station Roof Repair - Project No. 18092A & Bloomington Pump Station Roof Repair - Project No. 18093A 302 Laurel Dr., Corpus Christi, TX 78404 Completion: 120 Cal Days ABBA Construction, LLC P.O. Box 451441, Laredo, TX 78045 Coast to Coast Construction, Inc. BASE BID - BUILDING 18092A I2 Bonds and Insurance LS 1 $9,000.00 $9,000.00 $28,000.00 $28,000.00 I3 Permits LS 1 $3,000.00 $3,000.00 $3,500.00 $3,500.00 Subtotal Part 'AI (Items I1 through I3) J1 Remove interior lights LS 1 $3,000.00 $3,000.00 $16,200.00 $16,200.00 J2 Remove exterior wall pack light fixtures LS 1 $2,000.00 $2,000.00 $2,800.00 $2,800.00 J3 Remove damaged under-roof mounted insulation - Pump Room LS 1 $3,000.00 $3,000.00 $14,250.00 $14,250.00 J4 Remove exterior hollow metal doors EA 4 $1,000.00 $4,000.00 $555.00 $2,220.00 Subtotal Part 'J' (Items J1 through J4) K1 Repair / Replace exterior metal wall panel w/ flashing (up two girts)SF 120 $20.00 $2,400.00 $35.00 $4,200.00 K2 Install Galvalume gutter and downspouts system LS 1 $3,500.00 $3,500.00 $4,200.00 $4,200.00 K3 Patch removed skylights with metal panel and support bracing LS 1 $10,000.00 $10,000.00 $7,500.00 $7,500.00 Subtotal Part 'K' (Items K1 through K3) L1 Install new fiberglass doors and frames EA 4 $5,000.00 $20,000.00 $7,500.00 $30,000.00 Subtotal Part 'L' (Items L1 through L1) M1 PVC Membrane Roof system SF 5,800 $13.44 $77,952.00 $20.00 $116,000.00 M2 Sealant LS 1 $2,000.00 $2,000.00 $5,000.00 $5,000.00 Subtotal Part 'M' (Items M1 through M2) PART M: DIVISION 7 - BUILDING 18093A $79,952.00 $121,000.00 PART L: DIVISION 6 - BUILDING 18093A $20,000.00 $30,000.00 $15,900.00 $15,900.00 PART J: EXISTING CONDITIONS - BUILDING 18093A $12,000.00 $35,470.00 PART K: DIVISION 5 - BUILDING 18093A $22,717.00 $46,000.00 Page 3 of 7 TABULATED BY: Kevin McCord Chuck Anastos Associates, LLC BID DATE: 12-Jun-19 ITEM DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATION OF BIDS Woodsboro Pump Station Roof Repair - Project No. 18092A & Bloomington Pump Station Roof Repair - Project No. 18093A 302 Laurel Dr., Corpus Christi, TX 78404 Completion: 120 Cal Days ABBA Construction, LLC P.O. Box 451441, Laredo, TX 78045 Coast to Coast Construction, Inc. BASE BID - BUILDING 18092A N1 Paint replaced/ repaired exterior wall panels to adjacent LS 1 $1,500.00 $1,500.00 $1,500.00 $1,500.00 Subtotal Part 'N' (Items N1 through N1) O1 Install new LED Hi-bay light fixtures EA 11 $1,000.00 $11,000.00 $650.00 $7,150.00 O2 Install Electrical Room LED ceiling light fixtures EA 20 $1,000.00 $20,000.00 $650.00 $13,000.00 O3 Install LED light fixtures in pit EA 8 $1,000.00 $8,000.00 $650.00 $5,200.00 O4 Install LED emergency lighting EA 6 $1,000.00 $6,000.00 $650.00 $3,900.00 O5 Install interior LED wall light fixtures EA 16 $1,000.00 $16,000.00 $650.00 $10,400.00 O6 Install interior LED wall mounted vapor-tight fixtures EA 10 $1,000.00 $10,000.00 $750.00 $7,500.00 O7 Install Exterior LED wall pack fixtures EA 5 $1,000.00 $5,000.00 $500.00 $2,500.00 Subtotal Part 'O' (Items O1 through O7) P1 Allowance for Unanticipated Improvements at Building 18093A- if applicable LS 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 Subtotal Part 'P' (Items P1 through P1) R1 Additive Alternate No. A2 - 18092A Rooftop Walkpad LS 1 $3,000.00 $3,000.00 $4,500.00 $4,500.00 Subtotal Part 'R' (Items R1 through R1) T1 Additive Alternate No. B2 - 18093A Rooftop Walkpad LS 1 $3,000.00 $3,000.00 $4,500.00 $4,500.00 PART T: ADDITIVE ALTERNATE NO. B2 PART P: ALLOWANCES NO. 2 - BUILDING 18093A $15,000.00 $15,000.00 PART O: DIVISION 26 - BUILDING 18093A $76,000.00 $49,650.00 PART N: DIVISION 9 - BUILDING 18093A $1,500.00 $1,500.00 PART R: ADDITIVE ALTERNATE NO. A2 $3,000.00 $4,500.00 Page 4 of 7 TABULATED BY: Kevin McCord Chuck Anastos Associates, LLC BID DATE: 12-Jun-19 ITEM DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATION OF BIDS Woodsboro Pump Station Roof Repair - Project No. 18092A & Bloomington Pump Station Roof Repair - Project No. 18093A 302 Laurel Dr., Corpus Christi, TX 78404 Completion: 120 Cal Days ABBA Construction, LLC P.O. Box 451441, Laredo, TX 78045 Coast to Coast Construction, Inc. BASE BID - BUILDING 18092A Subtotal Part 'T' (Items T1 through T1)$3,000.00 $4,500.00 Page 5 of 7 TABULATED BY: Kevin McCord Chuck Anastos Associates, LLC BID DATE: 12-Jun-19 ITEM DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATION OF BIDS Woodsboro Pump Station Roof Repair - Project No. 18092A & Bloomington Pump Station Roof Repair - Project No. 18093A 302 Laurel Dr., Corpus Christi, TX 78404 Completion: 120 Cal Days ABBA Construction, LLC P.O. Box 451441, Laredo, TX 78045 Coast to Coast Construction, Inc. BASE BID - BUILDING 18092A BUILDING 18092A BUILDING 18093A Part N - DIVISION 9 - BUILDING 18093A (Items N1 through N1)$1,500.00 $1,500.00 Part L - DIVISION 6 - BUILDING 18093A (Items L1 through L1)$20,000.00 $30,000.00 Part M - DIVISION 7 - BUILDING 18093A (Items M1 through M2)$79,952.00 $121,000.00 Part J - EXISTING CONDITIONS - BUILDING 18093A (Items J1 through J4)$12,000.00 $35,470.00 Part K - DIVISION 5 - BUILDING 18093A (Items K1 through K3)$15,900.00 $15,900.00 BID SUMMARY Part I - GENERAL - BUILDING 18093A (Items I1 through I3)$22,717.00 $46,000.00 Part F - DIVISION 9 - BUILDING 18092A (Items F1 through F1)$1,500.00 $1,500.00 Part G - DIVISION 26 - BUILDING 18092A (Items G1 through G7)$76,000.00 $49,650.00 Part D - DIVISION 6 - BUILDING 18092A (Items D1 through D1)$20,000.00 $30,000.00 Part E - DIVISION 7 - BUILDING 18092A (Items E1 through E2)$79,952.00 $121,000.00 $46,000.00 $35,470.00 $15,900.00 BID SUMMARY $4,500.00 $243,069.00 $314,520.00 TOTAL ADDITIVE ALTERNATE NO. A2 $3,000.00 Part A - GENERAL - BUILDING 18092A (Items A1 through A3) $15,900.00 $12,000.00 Part C - DIVISION 5 - BUILDING 18092A (Items C1 through C3) TOTAL BASE BID PARTS A, B, C, D, E, F, G, H $22,717.00 Part H - ALLOWANCES NO. 1 - BUILDING 18092A (Items H1 through H1)$15,000.00 $15,000.00 Part B - EXISTING CONDITIONS - BUILDING 18092A (Items B1 through B4) Page 6 of 7 TABULATED BY: Kevin McCord Chuck Anastos Associates, LLC BID DATE: 12-Jun-19 ITEM DESCRIPTION UNIT QTY.UNIT PRICE AMOUNT UNIT PRICE AMOUNT DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATION OF BIDS Woodsboro Pump Station Roof Repair - Project No. 18092A & Bloomington Pump Station Roof Repair - Project No. 18093A 302 Laurel Dr., Corpus Christi, TX 78404 Completion: 120 Cal Days ABBA Construction, LLC P.O. Box 451441, Laredo, TX 78045 Coast to Coast Construction, Inc. BASE BID - BUILDING 18092A TOTAL ADDITIVE ALTERNATE NO. B2 $3,000.00 $4,500.00 Part P - ALLOWANCES NO. 2 - BUILDING 18093A (Items P1 through P1)$15,000.00 $15,000.00 TOTAL BASE BID PARTS I, J, K, L, M, N, O, P $243,069.00 $314,520.00 Part O - DIVISION 26 - BUILDING 18093A (Items O1 through O7)$76,000.00 $49,650.00 Page 7 of 7 DATE:July 26, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 FROM:David Lehfeldt, Deputy Director of Solid Waste (361) 826-1953 CAPTION: Motion authorizing the City Manager, or designee, to execute the Second Amendment to the Landfill Services Agreement with Cefe Landfill Texas, LP, to increase the fee paid to the contractor, add a definition for intermediate cover, remove language limiting the distance that the contractor will haul soil, and modify the termination date; for an estimated increase of $143,625per month for 17 months. PURPOSE: The City’s Landfill Services Agreement with Cefe Landfill TX, LP, is contractually bound to the Waste Disposal Agreement with BFI Waste Services of TX, LP. (Note that Cefe Landfill TX, LP and BFI Waste Services of TX, LP are business units that fall under the corporate umbrella of Republic Services.) The amendment to the Landfill Services Agreement will help retain the landfill services currently provided by BFI for the Cefe Valenzuela Landfill, and provides the City the time needed to complete a Request for Proposal process and employ the services of a new Push and Pack contractor. The proposed amendment will: 1. Change the termination date from May 21, 2025 to January 31, 2021 2. Change the Push and Pack rate to $13.31/ton 3. Requires BFI to haul the soil from the borrow pit to the working face. 4. Define “Intermediate Cover” as: “Intermediate Cover means all areas that have received waste but will be inactive for longer than 180 days must provide intermediate or final cover. This intermediate cover must include six inches of suitable earthen material that is capable of sustaining native plant growth.” Note that the fees charged to our customers will not change. Second Amendment to the Landfill Services Agreement with Cefe Landfill Texas, LP AGENDA MEMORANDUM Action Item for the City Council Meeting on August 13, 2019 BACKGROUND AND FINDINGS: The City entered into the current Landfill Services Agreement with Cefe Landfill TX, LP on February 24, 2005 and executed the First Amendment on July 22, 2005. Due to the many changes in the solid waste industry, operational costs for Cefe Landfill TX, LP have exceeded the CPI inflation factor included in the contract and the contract is no longer profitable. Because of this, the current contractor has expressed an interest in exiting the contract. ALTERNATIVES: Other alternatives were explored and found to be more costly to the City. OTHER CONSIDERATIONS: This amendment provides assurance that the City has time to fully explore options available and implement a replacement for services provided under the existing agreement. CONFORMITY TO CITY POLICY: The proposed amendment does not conflict with City policy. EMERGENCY / NON-EMERGENCY: This item requires one reading. DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: X Operating □ Revenue □ Capital □Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $143,625 $2,298,000 $2,441,625 Encumbered / Expended Amount This item $143,625 $2,298,000 $2,441,625 BALANCE $0 $0 $0 Funding Detail: Fund:1020 General Fund Organization/Activity: 12506 Cefe Valenzuela Landfill Mission Element:033 Landfills Project # (CIP Only): Account:530000 Professional Services RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Landfill Service Agreement – Second Amendment DATE:July 26, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 FROM:David Lehfeldt, Deputy Director of Solid Waste (361) 826-1953 CAPTION: Motion authorizing the City Manager, or designee, to execute the First Amendment to the Waste Disposal Agreement with BFI Waste Services of TX, LP, to modify the termination date, discount and the required annual tonnage;providing revenue to the City estimated at $267,100 per month for 17 months. PURPOSE The City’s Landfill Services Agreement with Cefe Landfill TX, LP, is contractually bound to the Waste Disposal Agreement with BFI Waste Services of TX, LP. (Note that Cefe Landfill TX, LP and BFI Waste Services of TX, LP are business units that fall under the corporate umbrella of Republic Services.) The amendment to the Waste Disposal Agreement will help retain the landfill services currently provided by BFI for the Cefe Valenzuela Landfill, and provides the City the time needed to complete a Request for Proposal process and employ the services of a new Push and Pack contractor. The proposed amendment will: 1. Change the termination date from May 21, 2025 to January 31, 2021 2. Reduce the tonnage in the Waste Disposal Agreement from 150,000 tons per year to 120,000 tons per year and 3. Remove the discount for increased tonnage BACKGROUND AND FINDINGS: The City entered into the Waste Disposal Agreement with BFI Waste Services of TX, LP on February 24, 2005. Due to the many changes in the solid waste industry, waste hauled by BFI First Amendment of the Waste Disposal Agreement with BFI Waste Services of TX, LP AGENDA MEMORANDUM Action Item for the City Council Meeting on August 13, 2019 Waste Services of TX, LP has decreased, and the required minimum tonnage required is no longer achievable. Because of this, the current contractor has expressed an interest in exiting the contract. ALTERNATIVES: Alternatives considered were found to be more costly to the City. OTHER CONSIDERATIONS: The Landfill Services Agreement with Cefe Landfill TX, LP, is contractually bound to the Waste Disposal Agreement with BFI Waste Services of TX, LP. If one contract terminates, the other contract also terminates. CONFORMITY TO CITY POLICY: The proposed amendment does not conflict with City policy. EMERGENCY / NON-EMERGENCY: This item requires one reading. DEPARTMENTAL CLEARANCES: Solid Waste Services FINANCIAL IMPACT: □Operating X Revenue □ Capital □Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $267,100 $4,273,600 $4,540,700 Encumbered / Expended Amount This item $267,100 $4,273,600 $4,540,700 BALANCE $0.00 $0.00 $0.00 Comments: The Current Year is for the one month of September 2019, and Future Years is for the remaining 16 months under the amended agreement – October 2019 to January 2021. Funding Detail: Fund:1020 General Fund Organization/Activity: 12506 Cefe Valenzuela Landfill Mission Element:033 Landfills Project # (CIP Only): Account:309301 – Refuse Disposal Charges - BFI RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Waste Disposal Agreement – First Amendment DATE:August 13, 2019 TO:Peter Zanoni, City Manager FROM :Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year service agreement for pest control services with Henry Garret, dba G & G Pest Control of Beeville, Texas, for a total amount not to exceed $80,802.00 to be funded by Facility and Property Management Fund. PURPOSE: This is a motion to approve a service agreement for pest control services for City owned facilities. BACKGROUND AND FINDINGS: The Contractor shall provide integrated pest management services and emergency nuisance animal removal. The Contractor will furnish labor, materials, and equipment necessary to perform services to approximately 71 City owned facilities located throughout the City, at a frequency ranging from monthly to quarterly. 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 Henry Garrett dba, G & G Pest Control. Service Agreement for Pest Control Services for Asset Management AGENDA MEMORANDUM Action Item for the City Council Meeting August 13, 2019 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: Asset Management FINANCIAL IMPACT: x Operating □ Revenue □ Capital □ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $363,598.00 $74,068.50 $437,666.50 Encumbered / Expended Amount $104,738.73 $0.00 $104,738.73 This item $6,733.50 $74,068.50 $80,802.00 BALANCE $252,125.77 $0.00 $252,125.77 Funding Detail: Fund:5115 Facility and Property Management Organization/Activity:40300 Facility Management and Maintenance Mission Element:191 Operate City Buildings & Facilities Project # (CIP Only): N/A Account:530215 Maintenance & Repairs-Contracted RECOMMENDATION: Staff recommends approval of this action item. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement ITEM TREATMENT SITES #OF SVS PER YEAR COST PER TREATMENT TOTAL PRICE COST PER TREATMENT TOTAL PRICE COST PER TREATMENT TOTAL PRICE 1 Airport Sites Main Bldg., QTA , fire Station and Toll Plaza 308 International Dr. 78406 4 $501.00 2,004.00$ 390.00$ 1,560.00$ $347.00 1,388.00$ 2 Facilities Maintenance,5352 Ayers St. Bldg. 3A, 78415 4 $59.00 236.00$ 130.00$ 520.00$ $37.00 148.00$ 3 City Hall, 1201 Leopard St., 78401 4 392.00$ 1,568.00$ 195.00$ 780.00$ $200.00 800.00$ 4 Gas Department 4225 S. Port Ave. 78415 4 96.00$ 384.00$ 130.00$ 520.00$ $47.00 188.00$ 5 Frost Bank Bldg. 2406 Leopard St. 78408 4 150.00$ 600.00$ 195.00$ 780.00$ $127.00 508.00$ 6 City Warehouse (15,600sq.ft.) Portable Bldg.924sq ft..) 5352 Ayers St. Bldg. 6, 78415 4 120.00$ 480.00$ 130.00$ 520.00$ $100.00 400.00$ WORLD WIDE PEST CONTROL Henry Garret, dba G & G PEST CONTROLDOWELL PEST CONTROL City of Corpus Christi Contracts and Procurement Senior Buyer: Cynthia Perez Bid Tabulation RFB 2212 Pest Control Services Asset Management WORLD WIDE PEST CONTROL Henry Garret, dba G & G PEST CONTROLDOWELL PEST CONTROL 7 Utilities Dept.2726 Holly Rd. 78415 12 90.00$ 1,080.00$ 130.00$ 1,560.00$ $110.00 1,320.00$ 8 Kinney St. Pump Station, 302 N. Shoreline Blvd., 78401 4 48.00$ 192.00$ 95.00$ 380.00$ $37.00 148.00$ 9 Power St. Pump Station, 1218 N. Water St., 78401 4 48.00$ 192.00$ 95.00$ 380.00$ $37.00 148.00$ 10 Holly Rd. Pump Station 4801 Holly Rd., 78411 4 48.00$ 192.00$ 95.00$ 380.00$ $37.00 148.00$ 11 Navigation Pump Station 302 N. Navigation 78408 4 60.00$ 240.00$ 95.00$ 380.00$ $47.00 188.00$ 12 Staples Street Pump Station CR43/FM 244Staples ST., 78415 4 60.00$ 240.00$ 95.00$ 380.00$ $37.00 148.00$ 13 Sand Dollar Pump Station 42201 Sand Dollar Dr., 78418 4 36.00$ 144.00$ 95.00$ 380.00$ $37.00 148.00$ 14 Sand Dollar Pump Station 42201 Sand Dollar 78418 4 36.00$ 144.00$ 95.00$ 380.00$ $27.00 108.00$ 15 O. N. Stevens Water Treatment Plant - Chemical Bldg. &Warehouse), 13101 Leopard St. 78410 4 72.00$ 288.00$ 130.00$ 520.00$ $57.00 228.00$ 16 O.N. Stevens Water Treatment Plant- Filter Bldg. 13101 Leopard St. 78401 4 36.00$ 144.00$ 95.00$ 380.00$ $47.00 188.00$ WORLD WIDE PEST CONTROL Henry Garret, dba G & G PEST CONTROLDOWELL PEST CONTROL 17 O.N. Stevens Water Treatment Plant- Maint. Shop13101 Leopard St. 78410 4 36.00$ 144.00$ 95.00$ 380.00$ $97.00 388.00$ 18 Water Depart Lab, 13101 Leopard St. 78401 4 36.00$ 144.00$ 95.00$ 380.00$ $47.00 188.00$ 19 PCR Bldgs. (9 sites), 13101 4 48.00$ 192.00$ 95.00$ 380.00$ $27.00 108.00$ 20 Smith Rd. Raw Water Pump Station (River Station)4 72.00$ 288.00$ 95.00$ 380.00$ $47.00 188.00$ 21 Garden Senior Center 5352 Greely St. 78412 12 72.00$ 864.00$ 110.00$ 1,320.00$ $47.00 564.00$ 22 Ethel Eyerly Senior Center 654 Graham Rd. 78418 12 72.00$ 864.00$ 110.00$ 1,320.00$ $47.00 564.00$ 23 Greenwood Senior Center 4040 Greenwood Dr. 78416 12 90.00$ 1,080.00$ 130.00$ 1,560.00$ $47.00 564.00$ 24 Lindale Senior Center 3135 Swantner 78404 12 90.00$ 1,080.00$ 130.00$ 1,560.00$ $47.00 564.00$ 25 Northwest Senior Center 9125 Up River Rd. 78409 12 66.00$ 792.00$ 110.00$ 1,320.00$ $47.00 564.00$ 26 Broadmoor Senior Center 1561 Tarlton St. 78415 12 60.00$ 720.00$ 110.00$ 1,320.00$ $47.00 564.00$ 27 PARD Annex 1406 Martin Luther King Dr. 78401 12 78.00$ 936.00$ 95.00$ 1,140.00$ $47.00 564.00$ 28 Oveal Williams Senior Center 1414 Martin Luther King Dr., 78401 12 90.00$ 1,080.00$ 130.00$ 1,560.00$ $47.00 564.00$ WORLD WIDE PEST CONTROL Henry Garret, dba G & G PEST CONTROLDOWELL PEST CONTROL 29 Nutrition Center, 4101 Old Brownsville Rd 78405 12 90.00$ 1,080.00$ 95.00$ 1,140.00$ $37.00 444.00$ 30 Ben Garza Gym 1815 Howard St. 78408 12 96.00$ 1,152.00$ 130.00$ 1,560.00$ $67.00 804.00$ 31 Central Library, 805 Comanche St. 78401 4 126.00$ 504.00$ 195.00$ 780.00$ $107.00 428.00$ 32 Janet F. Harte Library 2629 Waldron Rd. 78418 4 90.00$ 360.00$ 130.00$ 520.00$ $67.00 268.00$ 33 Neyland Library, 1230 Carmel Pkwy 78411 4 132.00$ 528.00$ 130.00$ 520.00$ $67.00 268.00$ 34 McDonald Library, 4044 Greenwood 78416 4 90.00$ 360.00$ 130.00$ 520.00$ $67.00 268.00$ 35 Hopkins Library 3202 McKenzie Rd. 78410 4 90.00$ 360.00$ 130.00$ 520.00$ $67.00 268.00$ 36 Garcia Library 5930 Brockhampton 78404 4 90.00$ 360.00$ 130.00$ 520.00$ $67.00 268.00$ 37 Wastewater Collections 5352 Avers St. 78415 12 120.00$ 1,440.00$ 130.00$ 1,560.00$ $57.00 684.00$ 38 Greenwood Wastewater Treatment Plant 1541 Saratoga Blvd., 78417 12 60.00$ 720.00$ 95.00$ 1,140.00$ $47.00 564.00$ 39 Allison Wastewater Treatment Plant 4101 Allison Rd. 7841O Laguna Madre Wastewater Treatment Plant 201 Jester St. 78418 12 48.00$ 576.00$ 95.00$ 1,140.00$ $27.00 324.00$ WORLD WIDE PEST CONTROL Henry Garret, dba G & G PEST CONTROLDOWELL PEST CONTROL 40 Laguna Madre Wastewater Treatment Plant 201 Jester St. 78418 12 48.00$ 576.00$ 95.00$ 1,140.00$ $27.00 324.00$ 41 Whitecap Wastewater Treatment Plant 13500 Whitecap 78418 12 48.00$ 576.00$ 95.00$ 1,140.00$ $27.00 324.00$ 42 Broadway Wastewater Treatment Plant 1492 W. Broadway 78401 12 78.00$ 936.00$ 95.00$ 1,140.00$ $47.00 564.00$ 43 Oso Wastewater Treatment Plant 501 Nile Dr., 78412 12 48.00$ 576.00$ 95.00$ 1,140.00$ $27.00 324.00$ 44 Police Property Room 321 John Sartain St., 78401 6 108.00$ 648.00$ 195.00$ 1,170.00$ $57.00 342.00$ 45 Police Department Impound 5485 Greenwood Dr. 78417 4 72.00$ 288.00$ 95.00$ 380.00$ $47.00 188.00$ 46 Corona Substation 4510 Corona Dr. 78411 4 78.00$ 312.00$ 95.00$ 380.00$ $47.00 188.00$ 47 Internal Affairs 5804 Williams Dr. 78412 4 60.00$ 240.00$ 95.00$ 380.00$ $47.00 188.00$ 48 Programs Services Warehouse 9705 Up River Road 78410 4 66.00$ 264.00$ 95.00$ 380.00$ $37.00 148.00$ 49 Lindale Recreation Center 3133 Swantner St. 78404 4 102.00$ 408.00$ 95.00$ 380.00$ $47.00 188.00$ 50 Joe Garza Recreation Center, 3204 Highland St. 78405 12 72.00$ 864.00$ 95.00$ 1,140.00$ $47.00 564.00$ WORLD WIDE PEST CONTROL Henry Garret, dba G & G PEST CONTROLDOWELL PEST CONTROL 51 Oak Park Recreation Center 842 Erwin Ave. 78408 4 72.00$ 288.00$ 95.00$ 380.00$ $47.00 188.00$ 52 Oso Recreation Center 1111 Bernice Dr. 78412 4 66.00$ 264.00$ 95.00$ 380.00$ $47.00 188.00$ 53 Greenwood Pool 4305 Greenwood Dr. 78416 4 60.00$ 240.00$ 95.00$ 380.00$ $47.00 188.00$ 54 HEB Pool 1520 Shely St, 78404 4 60.00$ 240.00$ 95.00$ 380.00$ $47.00 188.00$ 55 Oso Pool 1109 Bernice Dr. 78412 4 60.00$ 240.00$ 95.00$ 380.00$ $47.00 188.00$ 56 West Guth Pool 9705 Up River Rd. 78410 4 60.00$ 240.00$ 95.00$ 380.00$ $47.00 188.00$ 57 Collier Pool 3801 Harris Dr. 78411 12 48.00$ 576.00$ 95.00$ 1,140.00$ $37.00 444.00$ 58 Choke Canyon Reservoir Maint. Bldg. 150 South Park Rd. Three Rivers, Tx 78071 12 60.00$ 720.00$ 95.00$ 1,140.00$ $47.00 564.00$ 59 Choke Canyon Reservoir Residence 150 South Shore Park Rd. Three Rivers Tx. 78071 12 60.00$ 720.00$ 95.00$ 1,140.00$ $47.00 564.00$ 60 Choke Canyon - Shed 150 South Shore Park Rd. Three Rivers, TX. 78071 12 36.00$ 432.00$ 95.00$ 1,140.00$ $17.00 204.00$ 61 Choke Canyon Reservoir 2 Spillway Control Room #1 (250sq ft.) and150 South Shore Park Rd. Three Rivers, Tx 78071 12 48.00$ 576.00$ 95.00$ 1,140.00$ $17.00 204.00$ 62 Westly Seale Dam- Bldg. 1 County Rd. 365 Sandia, Tx. 78383 12 60.00$ 720.00$ 95.00$ 1,140.00$ $37.00 444.00$ WORLD WIDE PEST CONTROL Henry Garret, dba G & G PEST CONTROLDOWELL PEST CONTROL 63 Westly Seale Dam- Bldg. 2 County Rd. 365 Sandia, Tx, 78383 12 66.00$ 792.00$ 95.00$ 1,140.00$ $27.00 324.00$ 64 Sunrise Beach- Bldg., 1 22825 Park Road 365 Sandia, Tx. 78368 12 60.00$ 720.00$ 95.00$ 1,140.00$ $27.00 324.00$ 65 Sunrise Beach- Bldg., 2 22825 Park Road 365 Sandia, Tx. 78368 12 48.00$ 576.00$ 95.00$ 1,140.00$ $17.00 204.00$ 66 Sunrise Beach- Bldg., 3 22825 Park Road 365 Sandia, Tx. 78368 12 48.00$ 576.00$ 95.00$ 1,140.00$ $17.00 204.00$ 67 Heritage Park- Galvan House 1581 N. Chaparral, Tx 78401 12 48.00$ 576.00$ 95.00$ 1,140.00$ $47.00 564.00$ 68 Heritage Park- Sidbury House 1581 N. Chaparral, Tx 78401 12 24.00$ 288.00$ 95.00$ 1,140.00$ $47.00 564.00$ 69 Heritage Park- Simon Guggenheim House 1581 N. Chaparral, Tx 78401 12 24.00$ 288.00$ 95.00$ 1,140.00$ $27.00 324.00$ 70 Bloomington Pump Station- 75 Edna Ln South Bloomington Texas 77951 4 75.00$ 300.00$ -$ -$ $127.00 508.00$ 71 Woodsboro Pump Station- Woodsboro, Texas 78393 4 75.00$ 300.00$ -$ -$ $127.00 508.00$ 72 Emergency Service 20 150.00$ 3,000.00$ 65.00$ 1,300.00$ $17.00 340.00$ Total Price 42,112.00$ 59,510.00$ 26,934.00$ $26,934.00 x three years = $80,802.00 Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form May 3, 2019 SERVICE AGREEMENT NO. 2212 Pest Control Services for Asset Management THIS Pest Control Services for Asset Management Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Henry Garret, dba G&G Pest Control (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Pest Control Services for Asset Management in response to Request for Bid/Proposal No. 2212 (“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 Pest Control Services for Asset Management (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so in writing 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. This Agreement is for an amount not to exceed $80,802.00, 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. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form May 3, 2019 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Jesse Hernandez Department: Asset Management Phone: (361) 826-1983 Email: JesseH@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form May 3, 2019 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form May 3, 2019 manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Jesse Hernandez Title: Superintendent of Operations Address: 5352 Ayers, Bldg. 3A, Corpus Christi, Texas 78415 Phone:(361() 826-1983 Fax: (361) 826-1989 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form May 3, 2019 IF TO CONTRACTOR: G&G Pest Control Attn: Henry Garrett Title: Owner Address: 301 S. Adams, Beeville, Texas 78102 Phone:(361) 358-4886 Fax:(361) 358-4884 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form May 3, 2019 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 if required by said statute. 23.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] Revised 6.20.18 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Integrated Pest Management Services (IPMS) and Emergency Nuisance Animal Removal for City buildings throughout the City. 1.2 Scope of Work A. Service Requirements 1.The Contractor shall have a licensed pest control manager assigned to support this contract. All persons applying pesticides must hold a valid current Texas Department of Agriculture and Texas Pesticide Applicator License. 2.The Contractor will be responsible to ensure that the certificates/licenses and training of Contractor personnel are kept current and are in accordance with local, state, and federal regulations. 3.The Contractor shall ensure that all personnel assigned to the service agreement are continuously trained to meet the latest industry standard. The Contractor shall provide the degree of initial and ongoing training provided to field technicians: including, new techniques focusing on prevention and reduction of pesticide risk. 4.Contract personnel assigned to the service agreement shall wear a uniform, including safety equipment and any company issued photo identification. 5.Contractor personnel shall present a neat appearance. All personnel shall be easily recognizable while working on City locations by wearing distinctive clothing with an identifiable logo bearing the name of the company. All personnel shall be neatly dressed in shirts, safety shoes, and long pants and other necessary gear in compliance with EPA, OSHA and TX-OSHA regulations. Shorts or torn clothing are unacceptable. Personnel not wearing the required uniform will not be permitted to perform work. 6.The Contractor shall assure that all personnel are fully and properly equipped to perform services promptly and safely. 7.The Contractor’s IPMS Program shall use safe, effective, and environmentally sound methods- including biological, genetic, cultural, mechanical and physical control, and where necessary, the judicious use of the least hazardous pesticides. 8.The Contractor shall be responsible for assuring the safety of their employees, City employees, and the general public during the performance of all services under this agreement. 9.The Contractor shall provide all necessary management, supervision, labor, equipment, tools, supplies, and transportation required for the performance Revised 6.20.18 of its services under this Contract. Such equipment, tools, and supplies must be properly maintained and kept in good working order. 10.The Contractor shall have personnel available to receive service requests. All service calls placed by the Contract Administrator must be returned within four hours of the initial call during business hours. 11.The Contractor shall be on site within four to six hours, if deemed an emergency, after receiving notification from the Contract Administrator; and mitigate the immediate problem at hand. B. All service requests will be reviewed, initiated, and approved by the location Contract Administrator prior to start of work: C. The Contractor shall survey and assess the existing pest condition at the locations listed and use the initial survey as the starting point for providing ongoing pest control inspections, treatments and recommendations. D. All locations will require a complete preventative maintenance service at the start of the contract. E. Prior to arrival, the Contractor will be responsible to contact the designated Contract Administrator at each location designated in the contract, one week prior to service, to schedule a date and time. At the conclusion of each work day and prior to departure from the job site, the Contractor shall assess and report any pest sightings or problems areas to the site personnel listed in attachment “A” and the Contract Administrator. F. The locations specified shall be occupied and operational during the work performance. All services, regular and special, shall be rendered at such times with minimal disruption to the occupants and operation of the facilities. Hours may vary. Should the schedule of services disrupt the occupants and operation of the facilities, the Contract Administrator reserves the right to reschedule the base services, to any day from Monday through Friday between the hours of 8:00 am through 5:00 pm, at no additional cost to the City. G. IPMS should, at a minimum, address Ants, Centipedes, Millipedes, Interior Flying Insects, Beetles, Termites, Mice – Deer and House, Rodents, Rats – Cotton, Roof and Norway, Silver fish, Spiders, Stinging Insects, Roaches – German, American, Brown- Banded, Oriental and Smoky Brown. H. The Contractor shall conduct routine visual inspections of pest-prone areas for signs of active pest infestations, and for conditions which are conducive to attracting or harboring pests. I. The Contractor shall provide an appropriate level of service necessary to keep buildings free of pests. If pests are still present, after three days from the original date of treatment, the contractor shall perform a follow-up treatment within 48 hours of a request by an authorized City Administrator. J. The Contractor should be prepared to commit extra time and resources to address any concern(s) until it is resolved. Revised 6.20.18 K. Emergency services shall be provided on as needed basis for riddance and disposal of common nuisance animals, i.e., squirrels, raccoons, possums, and bats, as well as dead animal removal. L. Bait formulations shall be the standard pesticide technology for cockroach and ant control, with alternate formulations restricted to unique situations where baits are not practical. M. Sticky traps shall be used to guide and evaluate indoor insect control efforts wherever necessary. N. As a general rule, rodent control inside buildings shall be accomplished with trapping devices only. All such devices shall be concealed out of the general view and in protected areas so as not to be affected by routine cleaning and other operations. Contractor shall check all trapping devices for trapped rodents during its scheduled visits and shall dispose the trapped rodents in an appropriate manner. O. Contractor shall use rodenticides in circumstances when rodenticides are deemed essential for adequate rodent control inside buildings. All rodenticides, regardless of packaging, shall be placed either in locations not accessible to children, pets, wildlife and domestic animals, or in EPA-approved tamper-resistant bait boxes. As a general rule, rodenticide application outside buildings shall emphasize the direct treatment of rodent burrow whenever feasible. Contractor shall dispose of dead rodents in appropriate manner. P. Use of Rodent Bait Stations: 1.All rodent bait stations shall be maintained in accordance with EPA regulations, with an emphasis on the safety of non-targeted organisms. 2.All rodent bait stations shall be placed out of the general view, in locations where it will not be disturbed by routing operations. 3.The lids of all rodent bait stations shall be securely locked or fastened shut. 4.All rodent bait stations shall be securely attached or anchored to floor, ground, wall or other immovable surface, so that the box cannot be picked up or moved. 5.Bait shall always be secured in the feeding chamber of the box and never placed in the runway or entryways of the box. 6.All rodent bait stations shall be labeled on the inside with the Contractor’s business name, phone number and address, and dated by the Contractor’s technician at the time of installation and each servicing. 7.Contractor shall install and maintain rodent bait stations wherever necessary inside and/or outside of buildings/structures for rodent control. Q. The Contractor must leave the work area free of any debris. Upon completion of work, the Contractor shall clear the job site of any and all debris at appropriate offsite locations. At no time shall the Contractor use the waste receptacles of the City for disposal. R. The Contractor must complete the work assigned in a neat and orderly manner, in accordance with all Federal, State and Local Laws and regulations concerning storage, applications and disposal of hazardous materials. Revised 6.20.18 S. Regardless of service type, at each visit, all services rendered shall be completed and documented by the Contractor. The service report will be left with the site personnel listed in the contract or other appropriate personnel at the location site. The report should include the following information: 1.Areas of the service provided 2.Type of service performed 3.Infested areas (if any) 4.Type of infestation 5.Procedures needed to control any noted infestation 6.Name of technician who performed the service T. The Contractor and all its employees shall be responsible to adhere, at all times, with any and all rules, regulations, policies and procedures pertaining to security of City property. Any violations or disregard of the rules, regulations, policies and procedures may be cause for immediate termination of the agreement. 1.3 Safety Requirement A. The Contractor shall submit the current labels and Safety Data Sheets (SDS) for all pesticides to be used, and brand names of pesticide application equipment, rodent bait stations, insect and rodent trapping devices, pest monitoring devices, pest detection equipment and any other pest control devises or equipment that may be used to provide service. B. The City of Corpus Christi’s approval of the submittal does not relieve the Contractor of its responsibility to comply with the requirements of the contract documents. The application of all pesticides shall adhere to all Federal, State and Local Laws and regulations, including all applicable Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), state/local regulatory guidance on pesticide storage, disposal and applications. C. Pesticides shall be applied according to the methods, rates and precautions on the manufacturer’s label. D. When pesticide use is necessary, the Contractor shall employ the least hazardous material, most precise application technique, and minimum quantity of pesticide necessary to achieve control. E. The Contractor shall take all necessary precautions to ensure employee safety and all necessary steps to ensure the containment of the pesticide to the site of application. 1.4 Record Keeping The Contractor shall establish and maintain a log delineating complete and accurate records of all services for the term of the Contract. The Contractor shall update the logs after each service defined in the Contract. Revised 6.20.18 1.5 Invoicing A. Each month, the Contractor shall submit the invoice for pest control services to the City. Invoice shall include Work description, Purchase Order Number, Location and date of services. B. Original copy to the Accounts Payable and one to the Contract Administrator. The Contractor shall include copies of monthly Work order as back-up for each invoice. Approval for payment shall be authorized by the Contract Administrator or Operation Superintendent. 1.6 Work Locations The Contractor shall perform pest control services at the following locations: Item Treatment Sites Approx. Sq. Ft. Frequency Location Contract Administrator 1 Airport sites (Main Bldg., QTA, Fire Station, and Toll Plaza) 308 International Dr., 78406 300,000 Quarterly Gabriel Anton 361-289-0171 x1266 2 Facilities Maintenance Bldg. 3A 5352 Ayers St., 78415 3200 Quarterly Brandon Alexander 361- 826-3764 3 City Hall 1201 Leopard St., 78401 236,375 Quarterly Brandon Alexander 361- 826-3764 4 Gas Department 4225 S. Port Ave., 78415 15,504 Quarterly Sergio Luna 361-885-6900 5 Frost Bank Bldg. 2406 Leopard St., 78408 69,904 Quarterly Sergio Luna 361-885-6900 6 City Warehouse & Portable Bldg. #6 5352 Ayers St., 78415 16,524 Quarterly Maria Pedraza 361-826-3176 7 Utilities Department 2726 Holly Rd., 78415 20,000 Monthly Joanna Moreno 361-826-1649 8 Kinney St. Pump Station 302 N. Shoreline Blvd., 78401 2,100 Quarterly James Espinoza 361-826-4095 9 Power St. Pump Station 1218 N. Water St., 78401 2,800 Quarterly James Espinoza 361-826-4095 10 Holly Rd. Pump Station 4801 Holly Rd., 78411 1,800 Quarterly Diana Z. Garza 361-826-1827 11 Navigation Pump Station 302 N. Navigation, 78408 3,900 Quarterly Diana Z. Garza 361-826-1827 12 Staples Street Pump Station, CR43/FM 2444 Staples St., 78415 3,575 Quarterly Diana Z. Garza 361-826-1827 Revised 6.20.18 13 Sand Dollar Pump Station 42201 Sand Dollar Dr., 78418 1,800 Quarterly Diana Z. Garza 361-826-1827 14 Sand Dollar Pump Station 42201 Sand Dollar Dr., 78418 1,200 Quarterly Diana Z. Garza 361-826-1827 15 O. N. Stevens Water Treatment Plant – (Chemical Bldg. &Warehouse) 13101 Leopard St, 78410 11,297 Quarterly Diana Z. Garza 361-826-1827 16 O.N. Stevens Water Treatment Plant-Filter Bldg. 13101 Leopard St.,78401 3,900 Quarterly Diana Z. Garza 361-826-1827 17 O.N. Stevens Water Treatment Plant-Maintenance Shop 13101 Leopard St, 78410 8,400 Quarterly Diana Z. Garza 361-826-1827 18 Water Depart Lab 13101 Leopard St., 78401 5,000 Quarterly Diana Z. Garza 361-826-1827 19 PCR Bldgs. (9 sites) 13101 Leopard St., 78401 969 Quarterly Diana Z. Garza 361-826-1827 20 Smith Rd. Raw Water Pump Station (River Station) 13701 Smith Dr., 78410 3,900 Quarterly Diana Z. Garza 361-826-1827 21 Garden Senior Center 5352 Greely St, 78412 9,800 Monthly Rozella Puente 361-826-3468 22 Ethel Eyerly Senior Center 654 Graham Rd, 78418 8,000 Monthly Rozella Puente 361-826-3468 23 Greenwood Senior Center 4040 Greenwood Dr., 78416 12,500 Monthly Rozella Puente 361-826-3468 24 Lindale Senior Center 3135 Swantner, 78404 12,500 Monthly Rozella Puente 361-826-3468 25 Northwest Senior Center 9125 Up River Rd, 78409 7,000 Monthly Rozella Puente 361-826-3468 26 Broadmoor Senior Center 1561 Tarlton St., 78415 4,208 Monthly Rozella Puente 361-826-3468 27 PARD Annex 1406 Martin Luther King Dr. 78401 6,000 Monthly Henry Lara 361-826-3470 28 Oveal Williams Senior Center 1414 Martin Luther King Dr., 78401 10,700 Monthly Rozella Puente 361-826-3468 29 Nutrition Center 4101 Old Brownsville Rd, 78405 3,000 Monthly After 2 PM Connie Reschman 361-826-4120 30 Ben Garza Gym 1815 Howard St. 78408 11,920 Monthly Martin Huerta 361-826-3478 Revised 6.20.18 31 Central Library 805 Comanche St, 78401 78,339 Quarterly Gabby Salazar 361-826-7015 32 Janet F. Harte Library 2629 Waldron Rd, 78418 13,900 Quarterly Gabby Salazar 361-826-7015 33 Neyland Library 1230 Carmel Pkwy, 78411 17,276 Quarterly Gabby Salazar 361-826-7015 34 McDonald Library 4044 Greenwood Dr., 78416 14,420 Quarterly Gabby Salazar 361-826-7015 35 Hopkins Library 3202 McKenzie Rd., 78410 13,817 Quarterly Gabby Salazar 361-826-7015 36 Garcia Library 5930 Brockhampton, 78414 13,233 Quarterly Gabby Salazar 361-826-7015 37 Wastewater Collections 5352 Ayers St, 78415 20,504 Monthly Pat Eldridge 361-826-2696 38 Greenwood Wastewater Treatment Plant 1541 Saratoga Blvd, 78417 3,600 Monthly Harry Clifford 361-826-4021 39 Allison Wastewater Treatment Plant 4101 Allison Rd., 78410 1,500 Monthly Darrell Williams 361-826-4130 40 Laguna Madre Wastewater Treatment Plant 201 Jester St. 78418 1,500 Monthly Larry Gonzalez 361-826-4021 41 Whitecap Wastewater Treatment Plant 13500 Whitecap, 78418 1,500 Monthly Larry Gonzalez 361-826-4021 42 Broadway Wastewater Treatment Plant 1492 W. Broadway, 78401 6,000 Monthly Harry Clifford 361-826-4021 43 Oso Wastewater Treatment Plant 501 Nile Dr., 78412 1,500 Monthly Sigifredo DeLeon 361-826-4042 44 Police Property Room 321 John Sartain St., 78401 26,822 Every Two Months Pat Eldridge 361-826-2696 45 Police Department Impound 5485 Greenwood Dr., 78417 2,240 Quarterly Pat Eldridge 361-826-2696 46 Corona Substation 4510 Corona Dr., 78411 8,618 Quarterly Pat Eldridge 361-826-2696 47 Internal Affairs 5804 Williams Dr., 78412 4,000 Quarterly Pat Eldridge 361-826-2696 48 Program Services Warehouse 9705 Up River Road 78410 3,000 Quarterly John Delgado 361-826-3491 Revised 6.20.18 49 Lindale Recreation Center 3133 Swantner St., 78404 6,252 Quarterly Rozella Puente 361-826-3468 50 Joe Garza Recreation Center 3204 Highland St., 78405 8,858 Monthly Rozella Puente 361-826-3468 51 Oak Park Recreation Center 842 Erwin Ave., 78408 4,020 Quarterly Rozella Puente 361-826-3468 52 Oso Recreation Center 1111 Bernice Dr. 78412 3,095 Quarterly Rozella Puente 361-826-3468 53 Greenwood Pool 4305 Greenwood Dr. 78416 2,000 Quarterly Dylan McGill 361-826-4008 54 HEB Pool 1520 Shely St. 78404 1,620 Quarterly Dylan McGill 361-826-4008 55 Oso Pool 1109 Bernice 78412 1,104 Quarterly Dylan McGill 361 826-4008 56 West Guth Pool 9705 Up River Rd. 78410 1,363 Quarterly Dylan McGill 361-826-4008 57 Collier Pool 3801 Harris Dr. 78411 1,224 Monthly Dylan McGill 361-826-4008 58 Choke Canyon Reservoir – Maintenance Bldg., 150 South Shore Park Rd. Three Rivers, Tx 78071 2,000 Monthly Diana Z. Garza 361-826-1827 59 Choke Canyon Reservoir – Residence 150 South Shore Park Rd. Three Rivers, Tx 78071 1,800 Monthly Diana Z. Garza 361-826-1827 60 Choke Canyon - Shed 150 South Shore Park Rd. Three Rivers, Tx 78071 192 Monthly Diana Z. Garza 361-826-1827 61 Choke Canyon Reservoir 150 South Shore Park Rd. Three Rivers, Tx 78071 500 Monthly Diana Z. Garza 361-826-1827 62 Wesley Seale Dam – Bldg. #1 County Road 365 Sandia, Tx 78383 3,375 Monthly Diana Z. Garza 361-826-1827 63 Wesley Seale Dam – Bldg. #2 County Road 365 Sandia, Tx 78383 1,164 Monthly Diana Z. Garza 361-826-1827 64 Sunrise Beach - Bldg. #1 22825 Park Rd 25 Mathis TX 78368 1,560 Monthly Diana Z. Garza 361-826-1827 65 Sunrise Beach - Bldg. #2 22825 Park Rd 25 Mathis TX 78368 840 Monthly Diana Z. Garza 361-826-1827 Revised 6.20.18 66 Sunrise Beach - Bldg. #3 22825 Park Rd 25 Mathis TX 78368 576 Monthly Diana Z. Garza 361-826-1827 67 Heritage Park - Galvan house 1581 N. Chaparral, Tx 78401 2,000 Monthly Roberta Ortiz 361-826-3166 68 Heritage Park – Sidbury house 1581 N. Chaparral, Tx 78401 1,800 Monthly Roberta Ortiz 361-826-3166 69 Heritage Park – Simon Guggenheim house 1581 N. Chaparral, Tx 78401 1,192 Monthly Roberta Ortiz 361-826-3166 70 Bl oomington Pump Station-75 Edna Ln. South, Bloomington, Texas 77951 5,796 Quarterly Diana Z. Garza (361) 826-1827 71 Woodsboro Pump Station -132 Toups Road, Woodsboro, Texas 78393 5,796 Quarterly Diana Z. Garza (361) 826-1827 72 Emergency Visits 20 Each Brandon Alexander 361-826-3764 1.7 Special Instructions A. If the service personnel do not perform as required by this Agreement, the City has the right to reject the personnel and the Contractor is liable to deploy new personnel. B. The Contractor shall report to the Operation Superintendent or designee at the location upon arrival. 1.8 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 ensure it complies with the contract requirements. 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 Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000000 Combined Single Limit WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II.ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements Purchasing Pest Control Services 04/11/2019 sw Risk Management Bonds No Bonds are required therefore, section 5(B) is null and void for this agreement. Attachment D - Warranty Requirements The Contractor shall provide an appropriate level of service necessary to keep buildings free of pests. If pests are still present, after three days from the original date of treatment, the contractor shall perform a follow -up treatment within 48 hours of a request by an authorized City Administrator. AGENDA MEMORANDUM Public Hearing and Action Item for the City Council Meeting of August 13, 2019 DATE:July 15, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 361-886-2603 CAPTION: Resolution approving the Corpus Christi Crime Control District budget for the fiscal year beginning October 1, 2019 and ending September 30, 2020 with revenues of $7,540,031.00 and expenditures of $7,562,835.00 for 63 authorized Police sworn personnel and appropriating $7,562,835.00 in the Crime Control and Prevention District Fund. PURPOSE: Hold a public hearing and approve the Crime Control and Prevention District FY2019/2020 budget as mandated by State law governing this type of district. BACKGROUND AND FINDINGS:Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, on April 14, 2007 for ten years and on November 8, 2016 for ten years. This continues the 1/8 th-cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The proposed $7.5 million budget provides funding for 63 officers, 3 replacement vehicles, and equipment to support both. Texas Government Code, Subchapter E Section 363.205(a) requires a public hearing to be held on the budget no later than the 45th day before the date each fiscal year begins and section 363.205(d) requires the governing body of the district approve or reject the budget no later than the 30th day before the date each fiscal year begins The Crime Control and Prevention District held a public hearing on June 19, 2019 and the Board adopted the budget on the same day. The budget must now be submitted to the City Council for approval. The City Council must hold a public hearing in accordance with notice and all other procedures required by law. Public Hearing and Resolution approving the Fiscal Year 2019-2020 Corpus Christi Crime Control District Budget ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,562,835 $7,562,835 BALANCE $7,562,835 $7,562,835 Fund(s): 9010 – Crime Control and Prevention District fund Comments: Revenues of $7,540,031.00 are budgeted to support the expenditures. RECOMMENDATION: Staff recommends approving the budget. LIST OF SUPPORTING DOCUMENTS: Resolution Budget adopted by the Crime Control and Prevention District Board of Directors Resolution approving the Corpus Christi Crime Control District budget for the fiscal year beginning October 1, 2019 and ending September 30, 2020 with revenues of $7,540,031.00 and expenditures of $7,562,835.00 for 63 authorized Police sworn personnel and appropriating $7,562,835.00 in the Crime Control and Prevention District Fund. Whereas, the Crime Control and Prevention District Board held a public hearing on June 19, 2019 and the Board adopted FY 2019-2020 budget on the same day; Whereas, the City Council of the City of Corpus Christi held a public hearing on the budget adopted by the board on August 13, 2019; and Whereas, the notice of the Public hearing was published in a newspaper of general circulation in the district not later than 10 days before the hearing. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS Section 1. The fiscal year 2019-2020 budget for the Corpus Christi Crime Control and Prevention District is approved. Section 2. $7,562,835.00 is appropriated for expenditures in the Crime Control and Prevention District Fund. The above resolution was passed by the following vote: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST:CITY OF CORPUS CHRISTI Rebecca L. Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _________ day of ___________________, 2019 Council Presentation 08.13.2019 1 Corpus Christi Crime Control and Prevention District FY2020 Proposed Budget 2 Crime Control & Prevention District FY 2020 Proposed Budget •Continued focus on Core Program –63 Police Officers and equipment –3 replacement vehicles •Funding for: –Additional patrol rifles –Tactical Lights for new weapons –Contribution to In Car Video System 3 Crime Control & Prevention District FY 2020 Proposed Budget •Assignment of 63 Police Officers –8 Directed Patrol Officers –10 Gang Unit (JET) Officers –3 Moped Officers –2 Traffic Safety Officers –1 Narcotics Officer (with a drug dog) –1 Crime Stoppers Officer –36 Patrol Officers (enhance patrol response) –2 Patrol Lieutenants 4 Crime Control & Prevention District FY 2020 Proposed Budget •Total Expenditures $7,562,835 •Total Revenues $7,540,031 •Ending fund balance $4,953,932 5 Crime Control & Prevention District FY 2020 Proposed Budget June 19 – CCCCPD public hearing & budget adoption August 13 - City Council Public Hearing and Adoption of the Resolution for CCCPD Budget 6 QUESTIONS Crime Control & Prevention District FY 2020 Proposed Budget 1 08/05/19 MEMBERSHIP LIST CRIME CONTROL AND PREVENTION DISTRICT 01.30.2019 (all with term to 11-01-2020) William G. Bonilla 241 Cape Aron Drive Corpus Christi, Texas 78412 (512)417-5553 billbonilla@gmail.com Appointed: January 22, 2019 Council Member: Ben Molina Donald E. Clark 6425 Coronation Drive Corpus Christi, Texas 78414 (361)443-0558 don2964@att.net Appointed: January 22, 2019 Council Member: Everett Roy Fred Edler 15350 Isabella Court Corpus Christi, Texas 78418 (361)949-4749 (home) (713)412-6402 (Cell) 3rdcoastfred@gmail.com Appointed: January 22, 2019 Council Member: Greg Smith Lori L. Garcia 3229 Mendocino Drive Corpus Christi, TX 78414 (361)537-2205 Lorileegarcia12@yahoo.com Appointed: January 22, 2019 Council Member: Rudy Garza Jim D. Kaelin 7505 Exeter Corpus Christi, Texas 78414 361-813-3443 jkaelin@stx.rr.com Appointed: January 22, 2019 Council Member: Gil Hernandez R. Scott Leeton CCPOA 3122 Leopard St. Corpus Christi, TX 78408 president@corpuschristipoa.net (361) 882-2762 (Work) 361-765-1907 Appointed: January 22, 2019 Council Member: Paulette M. Guajardo Rene Saenz 6022 Sweet Gum Street Corpus Christi, Texas 78415 (361)288-5025 Renesaenz99@alumni.utexas.net Appointed: January 22, 2019 Council Member: Roland Barrera Susie Luna Saldana 4855 South Alameda, Ste 202 Corpus Christi, Texas 78412 (361)779-0939 (cell) (361)851-8137 (home) (3621)855-0482 (work) Susiesal@hotmail.com Appointed: January 22, 2019 Council Member: Joe McComb Joan Veith 5701 Cain Dr. Corpus Christi, TX 78412 (361)991-0656 (Home) F27827@outlook.com Appointed: January 22, 2019 Council Member: Michael T. Hunter 2 08/05/19 City Staff Liaison:Mike Markle, Chief of Police P. O. Box 9016 Corpus Christi, TX 78469 886-26035 (work) 886-2607 (fax) mikema@cctexas.com Pat P. Eldridge, Police Management Services Director P. O. Box 9016 Corpus Christi, TX 78469 886-2696 (work) 886-2607 (fax) 215-0150 (cell) pat@cctexas.com City Staff Reps:Keith Selman, Interim City Manager P. O. Box 9277 Corpus Christi, TX 78469 880-3220 (work) 880-3839 (fax) Joseph Brice, Assistant City Attorney P. O. Box 9277 Corpus Christi, TX 78469 886-2608 (work) 826-3239 (fax) josephb@cctexas.com Constance Sanchez Director of Financial Services P. O. Box 9277 Corpus Christi, Texas 78469 826-3227 (work) constancep@cctexas.com Eddie Houlihan Director of Management/Budget P. O. Box 9277 Corpus Christi, Texas 78469 880-3660 (work) eddieho@cctexas.com DATE:July 17, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 361886-2603 CAPTION: Ordinance appropriating $42,402.94 from insurance claims related to police vehicle damage to the General Fund to purchase a replacement Prisoner Transport Vehicle, replacement ATV and other police equipment. PURPOSE: Appropriate the funds for use by the Police Department for purchase of vehicles and equipment. BACKGROUND AND FINDINGS: The special revenue fund “Recovery on Damage Claims” are funds from insurance claims remitted to the City of Corpus Christi for police related vehicle damage. The funds received from insurance claims are deposited into a revenue account throughout the year. The fund currently has $42,402.94. This action will appropriate $42,402.94 from the Recovery on Damage Claims to the General fund to purchase a replacement Prisoner Transport Vehicle, replacement ATV for special events and other police equipment. The Police equipment will be purchased before September 30, 2019. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. Appropriating funds from the Recovery on insurance damage claims revenue account AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting August 13, 2019 Second Reading Ordinance for the City Council Meeting August 20, 2019 EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Police Legal FINANCIAL IMPACT: X Operating □ Revenue □ Capital □Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $42,402.94 $42,402.94 BALANCE Funding Detail: Fund:Fund 1020 Organization/Activity: 11740 Uniform Division/Recovery of damage claims Mission Element:151 Project # (CIP Only): Account:550020 RECOMMENDATION: Staff recommends appropriation of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $42,402.94 from damage claims into General Fund to purchase a replacement Prisoner Transport Vehicle, replacement ATV and other police equipment; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $42,402.94. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1: That $42,402.94 from damage claims is appropriated in the General Fund No. 1020 to purchase a replacement Prisoner Transport Vehicle and other police equipment. Section 2: That the FY 2018-2019 Operating Budget adopted by Ordinance 031548 is changed to increase revenues and expenditures by $42,402.94 in the General Fund No. 1020. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:July 12, 2019 TO:Peter Zanoni, City Manager FROM:Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 CAPTION: Ordinance authorizing an amendment of $10,916.00 to the Women, Infant and Children’s Nutrition Program (WIC) grant contract for a total contract amount of $868,850.00 for the period of October 1, 2018, through September 30, 2019, and authorizing a contract amendment of $868,850.00 for the period of October 1, 2019, through September 30, 2020, from the Health and Human Services Commission, and authorizing a staff complement of 21 positions. PURPOSE: To provide funds for personnel costs, supplies and other expenses for the WIC Program that provides supplemental foods, health care referrals, and nutrition education for eligible low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk within the State of Texas. BACKGROUND AND FINDINGS: Population Served: The WIC target population are low-income, nutritionally at risk: Pregnant women (through pregnancy and up to 6 weeks after birth). Breastfeeding women (up to infant’s 1st birthday) Nonbreastfeeding postpartum women (up to 6 months after the birth of an infant) Infants (up to 1st birthday). WIC serves 53 percent of all infants born in the United States. Children up to their 5th birthday. Filled Positions: Program Manager-FT, 2 Nutritionist-FT, Registered Dietitian-FT, 3 Community Service Aide-FT, Lactation Peer Counselor-FT Vacant Positions: Sr. Account Clerk-FT, Nutritionist-FT, Breast Feeding Consultant-PT, 6 Community Service Aide- AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 13, 2019 Second Reading Ordinance for the City Council Meeting of August 20, 2019 Acceptance of contract amendment of $10,916.00 for the Women, Infants and Children (WIC) grant contract period October 1, 2018 through September 30, 2019, and appropriation of $868,850.00 for the contract period October 1, 2019 through September 30, 2020. The WIC grant supports 21 FTE’s. This is the 3 rd Amendment to the original contract from October 1, 2016. The total amount of this contract will not exceed $3,620,544.00. FT, Adm Support I-FT, 2 Lactation Peer Counselor-FT, Custodian-PT ALTERNATIVES: Refuse the grant and discontinue providing WIC services for the community. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON-EMERGENCY: Non-Emergency. This item requires two readings. DEPARTMENTAL CLEARANCES: Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: 9 Operating 9 Revenue □ Capital □ Not applicable Fiscal Year: 2019-2020 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget Grant WIC 831319F $10,916.00 $10,916.00 Grant WIC 831320F $868,850.00 $868,850.00 BALANCE $879,766.00 $879,766.00 COMMENTS: The grant does not require a cash or in-kind match. Funding Detail: Fund:1066 Health Grants paid by Department of State Health Services Organization/Activity: 831319F, 831320F Mission Element:106 Conduct Health Education Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. 2017-049800-001 Amendment No. 3 Ordinance Ordinance authorizing an amendment of $10,916.00 to the Women, Infantand Children’s Nutrition Program (WIC) grant contract for a total contract amount of $868,850.00 for the period of October 1, 2018, through September 30, 2019, and authorizing a contract amendment of $868,850.00 for the period of October 1, 2019, through September 30, 2020, from the Health and Human Services Commission, and authorizing a staff complement of 21 positions. Be it ordained by the City Councilof the Cityof CorpusChristi,Texas: Section1:The City Manager or designee is authorized to execute Amendment No.3 of the Health and Human Services Commission Grant Contract No. 2017-049800-001. Section 2: The proposed personnel complement of 20.5 positions is authorized of 20.5 positions is authorized for carrying out aspects of the approved amendment. Section 3:The amendment will result in an increase in funding of $10,916.00 for the period October 1, 2018, through September 30, 2019, and an increased grant amount of $868,850.00 for the period October 1, 2019, through September 30, 2020, and said amounts are appropriated in the No. 1066 Health Grants Fund to continue the WIC program in the Health District (City). Section 4: The amendment also includes revisions to: the references of DSHS to HHSC to reflect the change in to reflect the consolidation of the entities; Section III, Duration; Section IV, Budget; Section I(H), Attachment A, Statement of Work; Section I(M), Attachment A, Statement of Work; Section I(N), Attachment A, Statement of Work; Section I(R), Attachment A, Statement of Work; Section I(S), Attachment A, Statement of Work; Section I(BB), Attachment A, Statement of Work; Section II(A), Attachment A, Statement of Work; Section III(A), Attachment A, Statement of Work; Section III(B), Attachment A, Statement of Work; Section III(D)(3), Attachment A, Statement of Work; Section 2.03, Financial Status Reports (FSRs) in Attachment D, Supplemental and Special Conditions; Section 4.03, Submission of Audit is added to Attachment D, Supplemental and Special Conditions; and Section 1.16 Child Abuse Reporting Requirement of Attachment D, Supplemental and Special Conditions. Section 5: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 6: Each fiscal year, should funding be awarded, upon execution of the grant agreements, that the grant funds awarded by Health and Human Services Commission for the WIC program shall be deemed appropriated in the No. 1066 Health Grants Fund for the WIC program and said funds may be spent by the Corpus Christi Nueces County Public Health District for their intended purposes upon receipt of funding. Section 7: That the City Manager is authorized to execute contract amendments pertaining to these funds in the following instances: a) carry-over funds, when ascertained and approved by the funding agency through a revised notice of award; b) amendments which will provide supplemental grant funds; c) reimbursement increases of administration funds for each participant served; d) amendments to comply with applicable State or Federal laws and regulations; and e) amendments which do not change the essential purpose of the grant. Section 8: A copy of the executed grant shall be filed in the office of the City Secretary That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor System Agency Contract No. 2017-049800-001 Page 1 of 8 HEALTH AND HUMAN SERVICES COMMISSION CONTRACT NO. 2017-049800-001 AMENDMENT NO. 3 The HEALTH AND HUMAN SERVICES COMMISSION (“HHSC” or “System Agency”) and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (“Grantee” or “Subrecipient”), who are collectively referred to herein as the “Parties” to that certain Women, Infant and Children’s Nutrition Local Agency grant contract effective October 1, 2016 and denominated HHSC Contract No. 2017-049800-001 (“Contract”), as amended, now desire to further amend the Contract. RECITALS WHEREAS, System Agency has elected to extend the Contract through Fiscal Year (“FY”) 2020 (October 1, 2019 through September 30, 2020) in accordance with Section III of the Contract. WHEREAS, the Parties desire to revise the Budget to add funds for FY 2019 (October 1, 2018 through September 30, 2019) and FY 2020; WHEREAS; the Parties desire to revise the Statement of Work; and WHEREAS, these revisions will result in an addition of EIGHT HUNDRED SEVENTY-NINE THOUSAND SEVEN HUNDRED SIXTY-SIX DOLLARS ($879,766.00) in federal grant funds. NOW, THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. The Parties agree that all references in the Contract to “Grantee” are hereby changed to “Subrecipient”. 2. SECTION III of the Contract Signature Document, DURATION, is hereby amended to reflect a new termination date of September 30, 2020. 3. SECTION IV of the Contract, BUDGET, is deleted and replaced in its entirety with the following: IV. BUDGET The total amount of this Contract will not exceed THREE MILLION SIX HUNDRED TWENTY THOUSAND FIVE HUNDRED FORTY-FOUR DOLLARS ($3,620,544.00), of which $1,012,631.00 is allocated to FY 2017 (October 1, 2016 through September 30, 2017), $870,213.00 is allocated to FY 2018 (October 1, 2017 through September 30, 2018), $868,850.00 is allocated to FY 2019 (October 1, 2018 through September 30, 2019), and $868,850.00 is allocated to FY 2020 (October 1, 2019 through September 30, 2020). All expenditures under the Contract will be in accordance with Attachment A, Statement of Work. 4. SECTION I(D) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: DocuSign Envelope ID: D2202D38-0B03-4748-B170-94425C4347C7 System Agency Contract No. 2017-049800-001 Page 2 of 8 D. Determine eligibility of applicants through assessment of their categorical eligibility, household or adjunctive income, identification, residency, nutritional status, and provide nutrition education and counseling to eligible participants. 5. SECTION I(H) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: H. Conduct outreach to potential participants and implement strategies to retain existing participants in accordance with Subrecipient’s outreach plan. 6. SECTION I(L) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: L. Issue pre-numbered WIC Electronic Benefit Transfer (EBT) cards furnished by System Agency to qualified participants who shall use such EBT cards to obtain specified food items from participating vendors; maintain complete accountability and security of all WIC EBT cards received from System Agency. Subrecipient shall be held financially responsible for all unaccounted WIC EBT cards and/or for the redeemed value of those issued to ineligible participants. 7. SECTION I(M) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: M. Subrecipient will configure all desktop, laptops, and tablets purchased with WIC funds for access to the Texas Integrated Network (“TXIN”) Management Information System (“MIS”) at all Subrecipient WIC clinics and administrative offices. Subrecipient will notify System Agency not less than forty-five (45) days prior to a relocation or a deployment of a new site to arrange for internet connectivity at the site. Subrecipient is responsible for all desktop, laptop, and tablet maintenance and hardware support. 8. SECTION I(N) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: N. Subrecipient is required to immediately address, or facilitate internal access to all its clinics, including remote access to clinic workstations, to the System Agency or its agency to facilitate the resolution of any issues restricting valid food benefit issuance to eligible WIC participants, including allowing the System Agency to make configuration changes to WIC computers. Subrecipient is required to notify the System Agency of any issues resulting in the interruption of services for a period of four (4) hours or more. 9. SECTION I(P) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: P. Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday. 10. SECTION I(X) of ATTACHMENT A, STATEMENT OF WORK, is amended by deleting it in its DocuSign Envelope ID: D2202D38-0B03-4748-B170-94425C4347C7 System Agency Contract No. 2017-049800-001 Page 3 of 8 entirety and replacing it with the following: X. If selected by the System Agency, Implement or expand the Improving Participant Experience (IPE) initiative. The IPE initiative will enable Subrecipient to enhance their clinic to promote a welcoming, child-friendly environment and any improvements to counseling spaces should promote knee- to-knee conversations, thus improving the participant’s clinic experience. 1. Subrecipient shall submit proposed initiatives and required reports in a frequency and format designated by System Agency for review and approval. 2. Subrecipient shall appoint a project coordinator to oversee the implementation and evaluation of each initiative. 3. Subrecipient shall participate in activities as requested by System Agency, including but not limited to, writing news articles, submitting mid-year and end of year reports and participating in sharing sessions. 11. SECTION I(Z) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: Z. Subrecipient shall resolve all possible dual participation records anytime the “duplicate detection” grid appears in the MIS. System Agency reserves the right to withhold payment if Subrecipient fails to accurately resolve all poss ible dual participation records within thirty (30) days of the appearance of the duplicate detection grid. 12. SECTION I(BB) of ATTACHMENT A, STATEMENT OF WORK, is amended by deleting it in its entirety and replacing it with the following: BB. The Summer Electronic Benefit Transfer for Children (SEBTC) project provides nourishing foods to eligible school-age children in selected schools during the summer months. 1. If selected by System Agency, Subrecipient will use SEBTC funds to provide the following: a. Implement SEBTC project according to System Agency-approved plan. b. Designate a SEBTC lead responsible for overseeing training, implementation, and evaluation of project activities. c. Provide customer support services for SEBTC card recipients during the benefit period. d. Submit requested updates and/or reports in a frequency and format designated by System Agency for review and approval. 13. SECTION I of ATTACHMENT A, STATEMENT OF WORK, is amended by adding the following: DocuSign Envelope ID: D2202D38-0B03-4748-B170-94425C4347C7 System Agency Contract No. 2017-049800-001 Page 4 of 8 CC. Implement the Obesity Prevention project. 1. Subrecipient shall submit proposed initiatives for review and approval. 2. If selected by System Agency, Subrecipient shall: a. Appoint a project coordinator to oversee the implementation and evaluation of each initiative. b. Participate in activities as requested by System Agency, including but not limited to, writing news articles, and participating in sharing sessions. c. Follow the System Agency guidance related to allowable WIC costs for approved Obesity Prevention projects. d. Submit all requested reports in a frequency and format designated by System Agency for review and approval. 14. SECTION II(A) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: A. Subrecipient shall ensure: 1. An average of 95% of families each quarter who participate in WIC Program by receiving food benefits shall also receive nutrition education classes or individual counseling; 2. Each quarter an average of 20% or greater of all pregnant women who enter the WIC Program are certified as eligible during the period of the first or second trimester of their pregnancy; 3. Each quarter an average of 80% of clients who are enrolled in the WIC Program, excluding dual participants and transfer locked and/or migrant clients, participate as food benefit recipients each month (breast-feeding infants are also included in the client count); and 4. 100% of participants who indicate during the enrollment process for the WIC Program that they have no source of health care are referred to at least one (1) source of health care at certification of eligibility. Subrecipient shall submit reports, if requested, in a frequency and format designated by System Agency for review and approval. 15. SECTION III(D)(6) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: 6. Surplus encumbered by September 30 shall be billed and vouchers received by System Agency no later than 60 calendar days following the Contract term. 16. The Parties agree to revise the supplemental condition for Section 2.02, Final Billing Submission in ATTACHMENT D, SUPPLEMENTAL AND SPECIAL CONDITIONS by deleting it in its entirety and replacing it with the following: DocuSign Envelope ID: D2202D38-0B03-4748-B170-94425C4347C7 System Agency Contract No. 2017-049800-001 Page 5 of 8 Unless otherwise provided by the System Agency, Subrecipient shall submit a reimbursement or payment request as a final close-out invoice not later than sixty (60) calendar days following the end of the term of the Contract. Reimbursement or payment requests received in the System Agency's offices more than si xty (60) calendar days following the termination of the Contract may not be paid. 17. The Parties agree to revise the supplemental condition for Section 2.03, Financial Status Reports (FSRs) in ATTACHMENT D, SUPPLEMENTAL AND SPECIAL CONDITIONS by deleting it in its entirety and replacing it with the following: Except as otherwise provided in these Uniform Terms and Conditions or in the terms of any Attachment(s) that is incorporated into the Contract, Subrecipient shall submit quarterly FSRs to System Agency by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Subrecipient shall submit the final FSR no later than sixty (60) calendar days following the end of the applicable Fiscal Year. 18. Article IX Miscellaneous Provisions of the Health and Human Services Commission Uniform Terms and Conditions – Grant, Version 2.13, previously referenced Section 9.22 Equipment and Supplies, is deleted and replaced with the following: a. Grant Purchased Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of $5,000 or more. Subrecipient shall inventory all equipment, and report the inventory on the DSHS GC-11 Contractor’s Property Inventor y Report form. 1. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000, which includes desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and s ystems, medical and laboratory equipment, and media equipment are also considered Supplies. 2. Prior approval by System Agency of the purchase of Controlled Assets is not required unless stipulated by WIC program policy, but such purchases must be reported on the DSHS GC-11 Contractor’s Property Inventory Report form as detailed in this section. b. Supplies. 1. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. DocuSign Envelope ID: D2202D38-0B03-4748-B170-94425C4347C7 System Agency Contract No. 2017-049800-001 Page 6 of 8 c. Property Inventory and Protection of Assets. 1. Subrecipient shall inventory of equipment supplies defined as controlled assets, and property described in this Section annually and maintain a cumulative report of the equipment and other property on DSHS GC-11 Contractor’s Property Inventor y Report form. 2. Subrecipient is responsible for maintenance and accuracy of this inventory and it shall be available for review upon System Agency request. The DSHS GC- 11 Contractor’s Property Inventor y Report form is located at: http://www.dshs.state.tx.us/contracts/forms.shtm. 3. Subrecipient shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. 4. If Subrecipient is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained under this Contract, Subrecipient shall use the proceeds to repair or replace those assets. d. Assets as Collateral Prohibited. Subrecipients on a cost reimbursement payment method shall not encumber equipment purchased with System Agency funds without prior written approval from the System Agency. e. Disposition of Property. 1. Subrecipient shall follow the procedures in the American Hospital Association’s (AHA) “Estimated Useful Lives of Depreciable Hospital Assets” in disposing, at any time during or after the Contract term, of equipment purchased with System Agency funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. 2. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. 3. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than $5,000, Subrecipient shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. 4. After an item reaches the end of its useful life, Subrecipient shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. f. Closeout of Equipment. At the end of the term of a Contract that has no additional renewals or that will not DocuSign Envelope ID: D2202D38-0B03-4748-B170-94425C4347C7 System Agency Contract No. 2017-049800-001 Page 7 of 8 be renewed (Closeout), or when a Contract is otherwise terminated, Subrecipient shall submit to the contract manager assigned to this Contract, an inventory of equipment purchased with grant funds and request disposition instructions for such equipment. All equipment purchased with grant funds must be secured by Subrecipient at the time of Closeout, or termination of this Contract, and must be disposed of according to System Agency’s disposition instructions, which may include return of the equipment to System Agency or transfer of possession to another System Agency contractor, at Subrecipient’s expense. 19. This Amendment No. 3 shall be effective as of July 1, 2019 or upon the date this Amendment is signed by both Parties, whichever occurs later. 20. Except as amended and modified by this Amendment No. 3 all terms and conditions of the Contract, as amended, shall remain in full force and effect. 21. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: D2202D38-0B03-4748-B170-94425C4347C7 System Agency Contract No. 2017-049800-001 Page 8 of 8 SIGNATURE PAGE FOR AMENDMENT NO. 3 HHSC CONTRACT NO. 2017-049800-001 HEALTH AND HUMAN SERVICES COMMISSION CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) _____________________________________ By: ______________________________ Name: ____________________________ Title: _____________________________ Date of Execution: ______________________ Date of Execution: __________________ THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT A-1 FFATA DocuSign Envelope ID: D2202D38-0B03-4748-B170-94425C4347C7 Annette Rodriguez Health Director Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION - 1 - Department of State Health Services Form 4734 – June 2013 The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9-digits Required www.usps.com - DUNS Number: 9-digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date DocuSign Envelope ID: D2202D38-0B03-4748-B170-94425C4347C7 Health Director Annette Rodriguez Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION - 2 - Department of State Health Services Form 4734 – June 2013 As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". ________________________________________________________________________ A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. ________________________________________________________________________ C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes No If your answer is “Yes” to this question, where can this information be accessed? ________________________________________________________________________ If your answer is “No” to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: DocuSign Envelope ID: D2202D38-0B03-4748-B170-94425C4347C7 Certificate Of Completion Envelope Id: D2202D380B034748B17094425C4347C7 Status: Sent Subject: Amending $3,620,544; 2017-049800-001; Corpus Christi-Neuces County PHD A-3; MSS/HDIS/HDS/WIC Source Envelope: Document Pages: 19 Signatures: 0 Envelope Originator: Certificate Pages: 2 Initials: 0 Texas Health and Human Services Commission AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1100 W. 49th St. Austin, TX 78756 PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.13 Record Tracking Status: Original 6/11/2019 8:08:03 AM Holder: Texas Health and Human Services Commission PCS_DocuSign@hhsc.state.tx.us Location: DocuSign Signer Events Signature Timestamp Greta Rymal Greta.Rymal@hhsc.state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Completed Using IP Address: 167.137.1.15 Sent: 6/11/2019 8:11:34 AM Viewed: 6/11/2019 3:08:43 PM Signed: 6/11/2019 3:09:40 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Annette Rodriguez annetter@cctexas.com Health Director Corpus Christi-Nueces County Public Health District Security Level: Email, Account Authentication (None) Sent: 6/11/2019 3:09:43 PM Viewed: 6/12/2019 3:49:04 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Andy Marker Edward.Marker@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Karen Ray Karen.Ray@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cecile Young cecile.young@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sherry Mojica sherry.mojica@hhsc.state.tx.us Contract Coordinator Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Sent: 6/11/2019 8:11:34 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Donna Ockletree donna.ockletree06@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Sent: 6/11/2019 8:11:34 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cynthia Wright cynthia.wright@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Sent: 6/11/2019 8:11:34 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign William Uhlarick williamu2@cctexas.com Security Level: Email, Account Authentication (None) Sent: 6/11/2019 3:09:43 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Pam Wells pam.wells@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/11/2019 3:09:43 PM Payment Events Status Timestamps DATE:July 15, 2019 TO:Peter Zanoni, City Manager FROM:Nina Nixon-Mendez, Director, Development Services NinaM@cctexas.com (361) 826 - 3276 CAPTION: Ordinance authorizing a Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Yasin Investment LLC to extend a line south of Whitecap Boulevard, along Palmira Avenue for a commercial development for which the anchor store is IGA; appropriating $899,786.39 from the Wastewater Trunk System Trust Fund to reimburse developer. PURPOSE: Yasin Investment LLC. is required to construct a 24-inch wastewater trunk main line extension to adequately service a planned commercial shopping center and extend a Wastewater Master Plan sanitary sewer trunk main line. BACKGROUND AND FINDINGS: Yasin Investment LLC. plans to install 1595 linear feet of 24-inch wastewater trunk main line within city limits. The new wastewater trunk main line is required to provide adequate sanitary sewer service to a planned shopping center for which the anchor store is IGA (grocery) and to service existing and future properties in that area. The new wastewater trunk main line will connect to an existing wastewater trunk main line and manhole located on Whitecap Boulevard, will run south along Palmira Avenue, and stop at the southern end of the applicant’s property. The trunk main will utilize the Padre Island Section 4 Lift Station and the Whitecap Wastewater Treatment Plant. The sanitary sewer trunk main line extension is in accordance with the wastewater master plan. The new trunk main line will provide service to 1500 acres of total build out including existing and new properties. Additionally, the new trunk main has the capacity to support the upgrading and tie-in of existing sewer lines and will support the future development of the properties between Palmira Avenue and Park Road 22 extending south to Encantada Avenue. The construction of the line is anticipated to be completed within one year. The contract term expires on August 20, 2020. Agreement and appropriating funds for Yasin Investment LLC. for the construction of a Wastewater Trunk Main Line Extension and Reimbursement Agreement AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 8/13/19 Second Reading Ordinance for the City Council Meeting 8/20/19 ALTERNATIVES: Deny the request and identify other alternatives to provide wastewater collection service for this property, such as capital improvement funding through bond revenues, or other funding mechanisms. OTHER CONSIDERATIONS: Sanitary Sewer Trunk Trust Funds will be diminished. Funding of future projects in other locations may be delayed until such time that this fund is replenished. CONFORMITY TO CITY POLICY: The developer will be installing a Wastewater Trunk Line Extension to serve a proposed shopping center and has requested a Reimbursement Agreement in accordance with UDC Section 8.5.2 Wastewater Trust Fund. The project is consistent with the Wastewater Master Plan. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Utilities FINANCIAL IMPACT: □Operating □ Revenue □ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $899,786.39 $899,786.39 BALANCE Funding Detail: Fund:4220 Sanitary Sewer Trust Fund Organization/Activity: 21800 Sanitary Sewer Trunk Line Trust Mission Element:777 Project # (CIP Only): N/A Account:540450 Reimbursement to Developers RECOMMENDATION: Staff Recommends Approval. LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance with exhibit Certification of funds Ordinance authorizing a Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Yasin Investment LLC to extend a line south of Whitecap Boulevard, along Palmira Avenue for a commercial development for which the anchor store is IGA; appropriating $899,786.39 from the Wastewater Trunk System Trust Fund to reimburse developer. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEX AS: SECTION 1. T he Cit y Manag er or desig nee is author ized t o execut e a W ast ewat er Trunk Main Line Construction and Reimbursement Agreement (“Agreement”) attached hereto, with Yashin Investment LLC for the construction and installation of a 24-inch wastewater trunk main line, for the development of the platted property know as PADRE ISLAND NUMBER 1, BLOCK 1, Lot 1R, Corpus Christi, Texas. SECTIO N 2. Funding in the amount of $899,786.39 is appropriated from the No. 4220-21800 Wastewater Trunk System Trust Fund to reimburs e the Developer for the constructio n of a 24-inch wastewater trunk main line, and construction improvement s in accordance with the Agreement . That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter _____________ Roland Barrera ________________ Ben Molina _____________ Rudy Garza ________________ Everett Roy _____________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: ___________________ _____ ________________ Rebecca Huerta Joe McComb City Secretary Mayor City Council Presentation August 13, 2019 Balli Shopping Center Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement Aerial Overview N Whitecap Blvd South Padre Island Drive15401 SPID Proposed 24” Sanitary Sewer Trunk Main Line Wastewater Master Plan View N Proposed 24” Wastewater Trunk Main Line South Padre Island Drive Whitecap Boulevard Padre Island Section 4 Lift Station Encantada Avenue Palmira Avenue Proposed Wastewater Trunk Main Line N Whitecap Blvd. Whitecap Blvd. Whitec ap Blvd. Proposed 24” Sanitary Sewer Trunk Main Line Palmira Ave. South Padre Island Drive14 PVC FM Staff Recommendation Approval DATE:July 31, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 CAPTION: Ordinance authorizing the City Manager to execute the Second Amendment to the Raw Water Supply Contract with the San Patricio Municipal Water District (SPMWD) to provide an additional 5,600 acre- feet of raw water per calendar year for SPMWD to provide to its designated customer developing in San Patricio County; increasing the SPMWD Raw Water Supply Contract from 41,200 acre-feet to a total of 46,800 acre-feet per calendar year. PURPOSE: To amend the Raw Water Contract to provide additional 5,600 acre-feet of raw water per calendar year to San Patricio Municipal Water District (SPMWD), not exceed a total of 46,800 acre-feet per calendar year. BACKGROUND AND FINDINGS: Per the Raw Water Supply Contract between the City and SPMWD, as amended, SPMWD is allowed to divert total of 41,200 acre-feet of raw water per calendar year from Nueces River and Lake Texana Pipeline. SPMWD has requested an additional 5,600 acre-feet to become available from the Lake Texana Pipeline in order to serve their designated customer. In addition, the Second Amendment will allow for an additional tap (connection) on the Mary Rhodes pipeline and provides that the additional amount does not count towards SPMWD’s maximum percent of water. The Second Amendment takes effect on date of last signature. SPMWD’s take or pay obligation commences May 31, 2023. Once the obligation commences, the estimated financial impact for the city is an additional $1.8 million dollars per year within the Water Fund and Raw Water Supply Development Fund. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting August 13, 2019 Second Reading Ordinance for the City Council Meeting August 20, 2019 San Patricio Municipal Raw Water Supply Contract Amendment Although the Raw Water Supply Contract is between the City and SPMWD, the two parties have been working to provide additional quantity of raw water to Buffalo LLC, formerly know as Steel Dynamics, needed for the development of a new steel plant located near Sinton, Texas. Two letters were sent by the City to Steel Dynamics indicating the availability of the raw water. See attached letters dated December 21, 2018 and June 27, 2019. ALTERNATIVES: Do not approve the Second Amendment to increase supply to SPMWD CONFORMITY TO CITY POLICY: This agenda item conforms to City policy. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Utilities Legal FINANCIAL IMPACT: Operating □ Revenue □ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Second Amendment to the Raw Water Contract Letters 1 Ordinance authorizing the City Manager to execute the Second Amendment to the Raw Water Supply Contract with the San Patricio Municipal Water District (SPMWD) to provide an additional 5,600 acre-feet of raw water per calendar year for SPMWD to provide to its designated customer developing in San Patricio County; increasing the SPMWD Raw Water Supply Contract from 41,200 acre-feet to a total of 46,800 acre-feet per calendar year. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute an amendment to the Raw Water Supply Contract with San Patricio Municipal Water District to provide an additional 5,600 acre-feet of raw water per calendar year. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: 2 _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor 1 SECOND AMENDMENT TO RAW WATER SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND SAN PATRICIO MUNICIPAL WATER DISTRICT This Second Amendment to the Raw Water Supply Contract between the City of Corpus Christi and San Patricio Municipal Water District (“Second Amendment”) is by and between the City of Corpus Christi, Texas (“City”) and San Patricio Municipal Water District (“District”). WHEREAS, the City and the District entered into the Raw Water Supply Contract (“Contract”) between the City of Corpus Christi and San Patricio Municipal Water District, with effective date March 17, 1997; WHEREAS, the Contract was amended by the First Amendment with effective date March 20, 2007; WHEREAS, the parties now want to amend the Contract to (1) allow the District an additional direct tap on the Lake Texana pipeline (also known as the “Mary Rhodes Pipeline”); (2) allow the District to take up to an additional 5,600 acre-feet per calendar year (5 MGD averaged over a calendar year) on take or pay basis from the Mary Rhodes Pipeline; and (3) provide that the additional amount of up to 5,600 acre-fee per calendar year (5 MGD averaged over a calendar year) from the Mary Rhodes Pipeline shall not be included in the calculation of the District’s maximum percentage of water taken from the Mary Rhodes Pipeline; NOW THEREFORE, the City and the District, agree to amend the Contract as follows: I. Amendment of Paragraph 2a of the Contract Paragraph 2a of the Contract is hereby amended to read as follows: 2. Use and Quantity of Water. a. (1) The City agrees to allow the District to divert, and use consumptively, untreated raw water from the Nueces River and Lake Texana Pipeline for municipal and industrial purposes in such quantity as may be required by the District, but not exceeding a total of 41,200 acre feet in a calendar year (January 1 to December 31). a. (2) Under typical operating procedures, the maximum rate of diversion from the Nueces River will not exceed 21,572 gallons per minute, and the maximum rate of diversion from the Lake Texana pipeline will not exceed 13,897 gallons per minute. a. (3) In January of each year the City will determine the percentage of its raw water that it took from the Lake Texana Pipeline in the preceding calendar year, and will provide that information to the District. In each calendar year that the District receives that information, the District may take that percentage of its raw water from the Lake Texana Pipeline (the “District’s Raw Water Percentage”). a. (4) Additional Committed Capacity 2 (a) Subject to terms provided in subparagraphs 2a.(4)(a)-(g), City will be obligated to make available to the District from a new tap on the Lake Texana Pipeline an additional five (5) million gallons per day (5 MGD) of Raw Water, averaged over a calendar year period (5,600 acre-feet per calendar year) (“Additional Committed Capacity”). Such Additional Committed Capacity shall be made available to the District by the City only for the period of time during which the contract between the District and Buffalo, LLC (“SPMWD’s Designated Customer”) is in effect. During such time, the maximum rate of diversion from the tap for SWPMD’s Designated Customer on the Lake Texana pipeline will not exceed 4,000 gallons per minute. District shall provide City with quarterly meter readings to demonstrate amount taken pursuant to this subparagraph 2a.(4)(a) (“District Meter Readings”). (b) The District must provide the City at least 90 days written notice prior to actually taking any portion of the Additional Committed Capacity. (c) Commencingon May 31, 2023,and continuing so long as the contract between the District and SPMWD’s Designated Customer is in effect, the District is obligated to purchase a minimum of 5,600 acre-feet per calendar year (“Take or pay Amount”) from SPMWD’s Designated Customer’s tap on the Lake Texana Pipeline, at the monthly take or pay rate for public agency for resale whether taken or not. (d) The amount actually taken from the Lake Texana Pipeline by District for SPMWD’s Designated Customer (such amount not to exceed 5,600 acre-feet per calendar year) shall be excluded from the calculation for the District’s Raw Water Percentage. (e)Notwithstanding the foregoing subparagraph 2a.(4)(c), if the City is unable,due to drought conditions, force majeure or any other reason, to provide the full 5 MGD of Additional Committed Capacity of raw water from the Lake Texana Pipeline to the Districtfor District’s service to SPMWD’s Designated Customer, the District shall only be required to pay for the actual amount of such raw water delivered by the City at the tap on the Lake Texana Pipeline to the District for District’s service to SPMWD’s Designated Customer. (f) Once the provisions of the preceding subparagraph 2a.(4)(c) are in effect and subject to the provisions of subparagraph 2a(4)(e) above, for any calendar year in which District has taken less than the Take-or-pay Amount as reflected in the District Meter Readings, City shall invoice District for the difference between the actual amount of raw water taken during that calendar year and the Take-or-pay Amount. District shall make payments for such amounts within 30 days ofreceipt of invoice from the City. (g) The City hereby acknowledges that SPMWD’s Designated Customer plans to use ground water at any time that the District is unable to deliver the full raw water capacity committed to SPMWD’s Designated Customer and when special needs arise as determined by SPMWD’s Designated Customer. City agrees that such use of ground water by SPMWD’s Designated Customer does not constitute 3 a default or breach of any provision of the Contract, including but not limited to the provisions of Paragraphs 9 or 11. II. Amendment of Paragraph 3 b regarding Points of Diversion Paragraph 3 b of the Contract is hereby amended to read as follows: 3. Points of Diversion. b. The District will divert the untreated raw water from the Lake Texana pipeline by means, maximum diversion rates, and at locations agreed to in writing by the City Manager or designee and the District’s Executive Director. III. Contract to continue in effect. Except as otherwise amended herein, all other terms and conditions of the previously executed Contract and First Amendment which are not inconsistent herewith shall continue in full force and effect. IV. Effective Date. This Second Amendment shall be effective on and after the date of last signature. SAN PATRICIO MUNICIPAL WATER DISTRICT By: __________________ President ATTEST: By: _________________________ Secretary/Treasurer ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF SAN PATRICIO This instrument was acknowledged before me on the ___________day of ____________, 2019 by _____________, President of the San Patricio Municipal Water District, on behalf of said district, after approval of the Board of Directors on _________________, 2019. ___________________ Notary Public 4 CITY OF CORPUS CHRISTI By: __________________________ Peter Zanoni City Manager ATTEST: By: _________________________ Rebecca Huerta, Secretary ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the ___________day of ____________, 2019 by Peter Zanoni, City Manager of the City of Corpus Christi, Texas, on behalf of said city, after approval of the City Council on _________________, 2019. __________________ Notary Public DATE:August 8, 2019 TO:Peter Zanoni, City Manager FROM:Peter Collins, Acting CIO Peterc@cctexas.com 361-826-3735 Kim Baker, Director of Contracts and Procurement Kimb2@cctexas.com 361-826-3169 CAPTION: Ordinance authorizing a four-month service agreement for the purchase of hardware, software, licensing, and professional services from Area Electronics Systems, Inc. dba DataON Storage for $782,734.00 for the datacenter remediation; appropriating $782,734.00 from the unreserved fund balance in the Liability and Employee Benefits – General Liability Fund; transferring to the IT Fund; and amending the FY 2018-2019 Operating Budget adopted by Ordinance No. 031548 funded through the Liability and Employee Benefits – General Liability Fund. PURPOSE: The replacement of hardware, software and licensing for the data center. BACKGROUND AND FINDINGS: The current data center hardware and software is approaching end of life which warrants replacement. DataON has a sole source solution for hardware and software for the replacement of hardware and software for the data center. DataON offers a complete turnkey solution which is encapsulated by their proprietary management software. Funds to purchase hardware, software, licensing, and professional services from DataON are being funded by a transfer from the Unreserved Fund Balance in the Liability and Employee Benefits-General Liability Fund No. 5611 to the IT Fund No. 5210 in the amount of $782,734.00. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting August 13, 2019 Second Reading Ordinance for the City Council Meeting August 20, 2019 Purchase of Hardware, Software, Licensing, and Professional Services for Data Center Remediation ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City’s purchasing policies and procedures and State statute regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Information Technology FINANCIAL IMPACT: Funds in the amount of $782,734.00 will be appropriated from the Liability and Employee Benefits-General Liability Fund balance, transferred to the IT Fund and appropriated here for this item’s expenditure. Funding Detail: Fund:Fund 5611 Organization/Activity:Liability and Employee Benefits-General Liability Fund Mission Element:244 Account:251850 Project # (CIP Only): N/A RECOMMENDATION: Staff recommends approval of this item as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Quote Page 1 of 2 Ordinance authorizing a four-month service agreement for the purchase of hardware, software, licensing, and professional services from Area Electronics Systems, Inc. dba DataON Storage for $782,734.00 for the datacenter remediation; appropriating $782,734.00 from the unreserved fund balance in the Liability and Employee Benefits – General Liability Fund transferring to the IT Fund; and amending the FY 2018-2019 Operating Budget adopted by Ordinance No. 031548 funded through the Liability and Employee Benefits – General Liability Fund. WHEREAS, remediation measures are needed to the City’s datacenter that has reached the end of its useful life; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2) in that the procurement is necessary to preserve or protect the public health or safety of the City’s residents; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as the items are available from only one source because of patents, copyrights, secret processes, or natural monopolies. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. SECTION 2. That the funds in the amount of $782,734.00 are appropriated from the unreserved fund balance in the Liability and Employee Benefits – General Liability Fund No. 5611 and transferred to the IT Fund No. 5210. SECTION 3.Additionally, the FY 2018-2019 Operating Budget, adopted by Ordinance No. 031548, is amended by increasing expenditures $782,734.00 in the Liability and Employee Benefits – General Liability Fund No. 5611 and increasing both revenues and expenditures $782,734.00 in the IT Fund No. 5210. SECTION 4.The City Manager, or designee, is authorized to execute a service agreement for hardware, software, licensing and professional services for the City’s datacenter with Area Electronics Systems, Inc. dba DataOn. 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 ____________________, 2019, by the following vote: Joe McComb __________Michael Hunter __________ Roland Barrera __________Ben Molina __________ Rudy Garza __________Everett Roy __________ Paulette M. Guajardo __________Greg Smith __________ Gil Hernandez __________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of ____________________, 2019, by the following vote: Joe McComb __________Michael Hunter __________ Roland Barrera __________Ben Molina __________ Rudy Garza __________Everett Roy __________ Paulette M. Guajardo __________Greg Smith __________ Gil Hernandez __________ PASSED AND APPROVED this _____ day of ____________, 2019. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 SERVICE AGREEMENT NO. 2502 Data Center Remediation THIS Data Center Remediation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Area Electronics Systems, Inc. dba DataON Storage (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Data Center Remediation in response to Request for Bid/Proposal No. SS-2502 (“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 Data Center Remediation (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Agreement is for four months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $782,734, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Dan Shelton Information Technology Department Phone: 361-826-3705 Email: DanS@cctexas.com 5. Insurance; Bonds. (A)Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B)In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A)The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C)Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Dan Shelton IT Network Supervisor 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3705 Fax: N/A IF TO CONTRACTOR: Area Electronics Systems, Inc. dba DataON Storage Attn: Howard Lo Title: Vice President, Sales and Marketing 1247 N. Lakeview Ave. Suite C Anaheim, CA 92807 Phone: 714-993-0300 Fax: 714-386-6125 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A)The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B)Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11, 2019 20. 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. 21. 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. 22.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). 23.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 24.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 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. ATTACHMENT A: SCOPE OF WORK Project Name: Data Center Remediation Project Address: 1201 Leopard Street, Corpus Christi Texas 78401 I. Scope of Work Summary A. The Contractor will provide support for both the primary and the co- location datacenter. The “Data Center Remediation Project” will be deployed with the proposed Microsoft Hyper-V virtualization platform, the Microsoft Software-Defined storage Azure Stack Hyper-Converged Infrastructure platform and the Veeam backup and disaster recovery platform. B. The Contractor will support the design, setup, configuration, testing, integration and deployment of the DataON Hardware based on the estimated time using proposed Microsoft Hyper-V virtualization platform, the Microsoft Software-Defined storage Azure Stack Hyper-Converged Infrastructure platform and the Veeam backup and disaster recovery platform to support both primary and Co-location datacenter. C. The City will be responsible for managing the primary datacenter and co- location upon the completion of the project including backup and DR processes. II. Scope of Work: The Contractor shall provide Service(s) and Deliverable(s) on a Fixed Price basis as outlined in the following Scope of Work (SOW): A. Work shall be performed at the Corpus Christi Police Department between the hours of 8:00 a.m. to 5:00 p.m. (Central Standard Time) unless access at other hours of the day or night are mutually agreed between Contact Administrator and Contractor. B. Contractor will be onsite for project planning, infrastructure setup, configuration, and other tasks as required for onsite coordination and execution. A remote infrastructure connection will be established and the DataON team will perform majority of the infrastructure integration and migration work with remote access. Total estimated time ~160 hours. The scope of infrastructure implementation includes: 1. Overview of the Stack 2. Converged Networking / vSwitches / VLANS / vAdapters / Teams 3. Guest Clustering --> Exchange / SQL / etc. / Shared VHDx 4. Virtual Machine Management - Creating a VM, Deleting a VM, File System, Moving a VM, Migrating a VM, Migrating VM Storage, Adding a VHD, Extending a VHD 5. Virtual Machine Management - Dynamic Memory, VHD Format, Online VHDX Resize, Virtual FCA, Virtual RSS, Virtual Live Cloning, Linux Support in Hyper-V, Linux Support in VMM, Virtual Machine Management - Generation 2 VM Support in Hyper-V, Generation 2 Support in VMM, Enhanced Session Mode, Automatic Virtual Machine Activation, Virtual Machine Mobility - Live Migration 6. Installation, and Base Configuration, and SQL 2019 SP 1 Install 7. Virtual Machine Mobility - Live Migration, Live Migration with Compression, Live Migration over SMB, Storage Live Migration, Shared Nothing Live Migration, Live Migration Upgrades 8. Networking, SET Switches, Virtual Adapters, Port Profiles, IP Pools for Storage Spaces Direct 9. Storage Spaces Direct - Key Benefits, Deployment Options, S2D Components, S2D Hardware Requirements, Fault Tolerance and Efficiency, S2D Cache, Caching Architecture 10. Deploying S2D - Install Core Windows Roles, Configure Data Center Bridging, Configuring the SET Switch with PowerShell, Configuring the SET Switch with SCVMM, Enable-ClusterS2D Options, Validation, Building Virtual Disks, Expanding Virtual Disks, Factor Reset of Storage Spaces Direct 11. Stress Testing Storage Spaces Direct with VMFleet 12. Building a Test lab with Big Demo PowerShell Script 13. Contractor shall supply and review Monitoring Hyper-V with Windows Admin Center 14. Migrating Virtual Machines from VMWare to Hyper-V 15. Best Practice for Patching S2D and Hyper-V 16. Educate VMM SQL Install; Configure SQL Server Service Accounts, Configure SQL Firewall Port Exceptions, Install Default Instance of SQL 2019 SP1, Download and Install SQL Server Management Studio, Configure SQL Server Memory Limits 17. Educate VMM Base Configuration; Create Run As Accounts, Configure Network Settings, Create Host Groups, Add Hyper-V Hosts 18. S2D Networking; Review S2D Node Config, Create MGMT, Cluster, Live Migration, Storage, External Networks (IP Pools and Logical Networks), Create Logical Switches, Deploy Networking Profiles to the Nodes 19. Failover Clustering; Build Failover Cluster Manually or with VMM Enable S2D 20. Configure Storage Integration; Review Storage Providers, Arrays, Classifications, Create Virtual Disks and CSV's 21. Configure Host Patch Management; 22. Review Operational Management; Host Restarts, Health Checking, Get-StorageJob, Get-VirtualDisk, Maintenance Mode 23. Documenting Storage Spaces Direct C. Contractor shall Migrate Servers to Azure Stack HCI -- after business hours (Estimated time ~82 hours to convert to Microsoft Hyper-V and migrate storage to Azure Stack HCI with assistance from customer.) D. Contractor shall Migrate Servers to Azure Stack HCI -- during business hours (Estimated time ~262 hours to convert to Microsoft Hyper-V and migrate storage to Azure Stack HCI with assistance from customer.) E. Contractor shall Plan for Business Continuity / Disaster Recovery (Estimated time ~90 hours to work with Corpus Christi to determine BCDR plan, parameters of site down, external network, external entry into every application, etc.) F. Contractor shall Implement Business Continuity / Disaster Recovery Plan (Estimated time ~120 hours to setup DR subnet, plan for name resolution, determine Veeam BCDR replication technology, establish connectivity to DR site, test connectivity reliability, etc.) G. Contractor shall Recreate Firewall / DMZ / VPN structure in BCDR Site (Estimated time ~30 hours. Discovery may reveal that firewall may be required at DR site.) Contractor will invoice: 1. When shipment of hardware to Client for hardware ordered has occurred. 2. Services provided will be billed upon completion of tasks to be performed as described in the section titled Deliverable Materials. Point of Contact: Dan Shelton @ 361.826.3705 Qty System Description Unit Price Extended HCI-224 All-NVMe Platform for Mission-Critical Workloads 4 DataON™ S2D-5224P9 HCI Ready Node Form factor: 2U Rack, 16.93" (W) x 27.95" (D) x 3.44" (H) Supports Dual Intel® Xeon Scalable™ Processor Series & (24) DDR4 DIMM (24)NVMe U.2 hot-swappable 2.5" Drive Bay PCIe Slot: (7) PCIe 3.0 x8 Ethernet Port: (2) built-in 10GbE RJ45 port; (1) Management Port I/O Controller: Intel® PCIe NVMe Switches Included * TPM 2.0 Kit included *1300W (1+1) Dual hot-swappable redundant power supplies * Intel® Remote Management Module 4 Lite *Intel 2U Premium Rail Kit & Cable Management Arm Node Configuration 8 Intel® Xeon® Scalable Gen.2 Gold 6248 2.5 GHz, 20-Core, 28MB Cache; Two CPU per Node 48 Samsung® 64GB DDR4 2933MHz ECC-Register LRDIMM; 768GB per Node 8 Mellanox® ConnectX-4 EN Dual Port QSFP28 40/56 GbE RDMA Card; Two Per Node 8 Mellanox® LinkX™ Passive Copper cable, ETH 40GbE, 40Gb/s, QSFP, 3M 8 Intel® S4510 480GB SATA M.2 2280 Boot SSD - Mirrored, Two Per Node DataON® MUST™ (Management Utility Software Tools) Included (Note: Microsoft Windows Server Datacenter License Not Included) All-Flash Storage Configuration - Flat-NVMe SSDs 32 Intel® DC P4510™ NVMe 4TB 2.5" SSD; Storage Tier Part# SSDPE2KX040T801; (8) Per Node; (1) Per Node Reserved for Fast-Rebuild Three-Way Mirror; 30% Efficiency; Total Usable Capacity ~33.6TB (After Format) 64 Slots (16 Per Node) Available For Expansion ATTACHMENT B: BID/PRICING SCHEDULE Qty System Description Unit Price Extended SMB3 RDMA/RoCEv2 Network Fabric 2 Mellanox® Spectrum™ based 40GbE, 1U Open Ethernet Switch with MLNX-OS, 32 QSFP28 ports, 2 Power Supplies (AC), standard depth, x86 CPU, Part # MSN2700-BS2F; P2C Airflow, Rail Kit, RoHS6 2 Mellanox® 5 Year Silver Support & Warranty Included Part # SUP-SN2000-5S 2 Mellanox® Passive Copper cable, 40Gb/s, QSFP+, 1M Part # MC2210130-001 Subtotal $192,847.50 HCI-212 Hybrid Platform for General-Purpose Workloads 5 DataON™ S2D-5212i HCI Ready Node Form factor: 2U Rack, 16.93" (W) x 27.95" (D) x 3.44" (H) Supports Dual Intel® Xeon Scalable™ Processor Series & (24) DDR4 DIMM (2) NVMe U.2 & (10) SAS/SATA hot-swappable 3.5" Drive Bay PCIe Slot: (7) PCIe 3.0 x8 Ethernet Port: (2) built-in 10GbE RJ45 port; (1) Management Port I/O Controller: Intel® SAS/SATA Storage Expander Included * TPM 2.0 Kit included * 1300W (1+1) Dual hot-swappable redundant power supplies * Intel® Remote Management Module 4 Lite * Intel 2U Premium Rail Kit & Cable Management Arm Node Configuration 10 Intel® Xeon® Scalable Gen.2 Gold 5218 2.3 GHz, 16-Core, 22MB Cache; Two CPU per Node 50 Samsung® 64GB DDR4 2933MHz ECC-Register LRDIMM; 640GB per Node 10 Mellanox® ConnectX-4 EN Dual Port QSFP28 40/56 GbE RDMA Card; Two Per Node 10 Mellanox® LinkX™ Passive Copper cable, ETH 40GbE, 40Gb/s, QSFP, 3M 10 Intel® S4510 480GB SATA M.2 2280 Boot SSD - Mirrored, Two Per Node DataON® MUST™ (Management Utility Software Tools) Included (Note: Microsoft Windows Server Datacenter License Not Included) Qty System Description Unit Price Extended Hybrid Storage Configuration - NVMe + SSD + HDD 10 Intel® DC P4610™ NVMe U.2 3.2TB 2.5" 3D NAND TLC SSD, Read/Write Cache Tier Part# SSDPE2KE032T801; (2) Per Node 10 Intel® D3-S4510™ 6G SATA 3.8TB 2.5" 3D NAND TLC SSD; Performance Tier Part# SSDSC2KB038T801; (2) Per Node 40 HGST Ultrastar® He12 12TB 3.5" 7200RPM 12G SAS Enterprise Nearline HDD; Capacity Tier Part# 0F29560; (8) Per Node, (1) Per Node for up to 4-Nodes Reserved for Fast-Rebuild Mirror-Accelerated Parity; 48% Efficiency; Total Usable Capacity ~226.7TB Fully-Populated; No Slots Available For Expansion Subtotal $144,547.50 HCI-212 Hybrid Platform for BCDR/Failover Workloads 4 DataON™ S2D-5212i HCI Ready Node Form factor: 2U Rack, 16.93" (W) x 27.95" (D) x 3.44" (H) Supports Dual Intel® Xeon Scalable™ Processor Series & (24) DDR4 DIMM (2) NVMe U.2 & (10) SAS/SATA hot-swappable 3.5" Drive Bay PCIe Slot: (7) PCIe 3.0 x8 Ethernet Port: (2) built-in 10GbE RJ45 port; (1) Management Port I/O Controller: Intel® SAS/SATA Storage Expander Included * TPM 2.0 Kit included * 1300W (1+1) Dual hot-swappable redundant power supplies * Intel® Remote Management Module 4 Lite * Intel 2U Premium Rail Kit & Cable Management Arm Node Configuration 8 Intel® Xeon® Scalable Gen.2 Gold 5218 2.3 GHz, 16-Core, 22MB Cache; Two CPU per Node 48 Samsung® 32GB DDR4 2933MHz ECC-Register RDIMM; 384GB per Node 8 Mellanox® ConnectX-4 EN Dual Port QSFP28 40/56 GbE RDMA Card; Two Per Node 8 Mellanox® LinkX™ Passive Copper cable, ETH 40GbE, 40Gb/s, QSFP, 3M 8 Intel® S4510 480GB SATA M.2 2280 Boot SSD - Mirrored, Two Per Node DataON® MUST™ (Management Utility Software Tools) Included (Note: Microsoft Windows Server Datacenter License Not Included) Qty System Description Unit Price Extended Hybrid Storage Configuration - NVMe + HDD 8 Intel® DC P4610™ NVMe U.2 3.2TB 2.5" 3D NAND TLC SSD, Read/Write Cache Tier Part# SSDPE2KE032T801; (2) Per Node 40 HGST Ultrastar® He12 12TB 3.5" 7200RPM 12G SAS Enterprise Nearline HDD; Capacity Tier Part# 0F29560; (10) Per Node, (1) Per Node Reserved for Fast-Rebuild Mirror-Accelerated Parity; 48% Efficiency; Total Usable Capacity ~205.7TB Fully-Populated; No Slots Available For Expansion SMB3 RDMA/RoCEv2 Network Fabric 2 Mellanox® Spectrum™ based 40GbE, 1U Open Ethernet Switch with MLNX-OS, 16 QSFP28 ports, 2 Power Supplies (AC), short depth, Rangeley CPU, Part # MSN2100-BB2F; P2C Airflow 2 Mellanox® 5 Year Silver Support & Warranty Included Part # SUP-SN2100-5S 1 Rack installation kit for SN2100 series short depth 1U switches Part # MTEF-KIT-D 2 Mellanox® Passive Copper cable, 40Gb/s, QSFP+, 1M Subtotal $131,092.50 Part # MC2210130-001 DCS-668 Backup Appliance for On-Premise/Colo Backups 2 DataON™ DCS-5208i Backup Appliance Form factor: 2U Rack, 16.93" (W) x 27.95" (D) x 3.44" (H) Supports Dual Intel® Xeon Scalable™ Processor Series & (24) DDR4 DIMM (8) NVMe U.2 hot-swappable 2.5" Drive Bay PCIe Slot: (7) PCIe 3.0 x8 Ethernet Port: (2) built-in 10GbE RJ45 port I/O Controller: Intel® PCIe NVMe Switches Included * TPM 2.0 Kit included * 1300W (1+1) Dual hot-swappable redundant power supplies * Intel® Remote Management Module 4 Lite * Intel 2U Premium Rail Kit & Cable Management Arm Qty System Description Unit Price Extended Node Configuration 4 Intel® Xeon® Scalable Gen.2 Silver 4208 2.1 GHz, 8-Core, 11MB Cache; Two CPU per Server 8 Samsung® 32GB DDR4 2933MHz ECC-Register RDIMM; 128GB per Server 2 Mellanox® ConnectX-4 Lx EN Dual Port SFP+ 25GbE RDMA Card; One Per Server 2 LSI® MegaRAID 9380-8e PCI-e 3.0 External 12G SAS Raid Controller 2 LSICVM02 CacheVault Kit For MegaRAID 4 2M 8644-to-8644 Mini-SAS HD Cable; 2 Per Server 4 Intel® S4510 480GB SATA M.2 2280 Boot SSD - Mirrored, Two Per Node 2 DataON DNS-4760 4U 60 x 3.5" 12G SAS JBOD Enclosure Platform: 4U 60-bay, 3.5" Rack-mount - 17.61"(W) x 6.89"(H) x 28.03"(D) (60) 3.5" SAS/SATA drive tray, Hot-swappable by Drop-down Installation Dual Hot-pluggable 12G SAS I/O Controller Module SAS Connector: (6) 12Gb/s Mini-SAS HD 8644 Connector Per Module Dual 1600W (1+1) 200-240V Redundant Power Supply, C13-C14 Power Cords Rackmount Slide Shelf Rail Kit Storage Configuration - Capacity Tier 84 HGST Ultrastar® He12 12TB 3.5" 7200RPM 12G SAS Enterprise Nearline HDD Part# 0F29560; (42) Per JBOD, (41) Engaged 1 Reserved for Hot Spare RAID6+0; Usable Capacity ~403.8TB Per Server 36 Slots (18 Per JBOD) Available For Expansion Subtotal $84,866.50 Hardware Total $553,354.00 DataON Deployment Services Hrs Est.Deployment Service Summary 40 Phase 1 - Just in Time Training $252.00 $10,080.00 80 Phase 2 - Networking & Production Build of S2D, Failover Clustering $252.00 $20,160.00 40 Phase 3 - Post Project Support $252.00 $10,080.00 Subtotal $40,320.00 Qty System Description Unit Price Extended DataON Professional Services Hrs Est.Migration/Implementation Services 82 Migrate Servers to Azure Stack HCI -- after business hours $265.00 $21,730.00 262 Migrate Servers to Azure Stack HCI -- during business hours $215.00 $56,330.00 90 Plan DR $215.00 $19,350.00 120 Implement DR plan $215.00 $25,800.00 30 Recreate Firewall/DMZ/VPN structure in DR site $215.00 $6,450.00 Subtotal $129,660.00 DataON Colocation for Business Continuity On-Premise Backup/DR for Gold, Silver & Bronze VMs 33 Veeam Availability Suite -- 1 year subscription for 330 VM's for DR $1,800.00 $59,400.00 AVAIL STE ENT+ 1YR SUB UPFRONT BILL 24/7 -- Perpetual license available but more expensive for 3 year agreement. Deal Reg in progress Subtotal $59,400.00 Grand Total $782,734.00 ATTACHMENT C: INSURANCE AND BOND 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 Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate ERRORS & OMMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate CYBER LIABILITY $1,000,000 Per Occurrence $1,000,000 Aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements Ins. Req. Exhibit 7- I - IT Contracts – Software Support, Configuration, Implementation and Maintenance - Hardware Installation 05/01/2019 Risk Management – Legal Dept. Bond Requirements: No bond requirements necessary for this Service Agreement; therefore, Section 5(B) is null for this Service Agreement. ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide a Five Year Warranty on all hardware and services. The software warranty will be covered exclusively by the manufacturers' warranties as follows: Warranty on Microsoft Windows Server software will be covered by State of Texas’ Enterprise Agreement with Microsoft. https://www.microsoft.com/en-us/UseTerms/Retail/WindowsServer2016/ DatacenterAndStandard/ UseTerms_Retail_WindowsServer2016_DatacenterAndStandard_English.htm Warranty on Veeam is part of the 1 year subscription of Veeam software, The City of Corpus Christi will receive Veeam’s maintenance and support coterminous with the subscription. https://www.veeam.com/ eula.html" DATE:August 9, 2019 TO:Peter Zanoni, City Manager THRU:Constance P. Sanchez, Interim Assistant City Manager FROM:Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 CAPTION: Motion to set the public hearing for the City of Corpus Christi Fiscal Year 2019-2020 Budget for Friday, September 6, 2019 during a special City Council meeting beginning at 9:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: Section 102.006 of the Texas Local Government Code requires the governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing. Section 102.007 (c) of the Texas Local Government Code requires a separate vote on a budget that will require raising more revenue from property taxes than the previous year to ratify the property tax increase reflected in the budget. City Council voted on July 30, 2019 to schedule the date for the public hearing. However, due to scheduling conflicts, the public hearing needs to be rescheduled. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: n/a OTHER CONSIDERATIONS: AGENDA MEMORANDUM Action Item for the City Council Meeting of August 13, 2019 Action to Reschedule the Public Hearing for the Fiscal Year 2019-2020 Budget n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: This item is non-emergency. DEPARTMENTAL CLEARANCES: Office of Management and Budget City Attorney’s Office FINANCIAL IMPACT: □ Operating Expense □Revenue □ Capital □Not Applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE COMMENTS: n/a RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: None DATE:August 9, 2019 TO:Peter Zanoni, City Manager THRU:Constance P. Sanchez, Interim Assistant City Manager FROM:Alma Casas, Interim Director of Financial Services AlmaC@cctexas.com (361) 826-3610 CAPTION: Motion to set a public hearing on the ad valorem tax rate for Tuesday, August 27, 2019 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas and a second public hearing for Friday, September 6, 2019 during a special City Council meeting beginning at 9:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: This agenda item is needed for the City to be in compliance with “truth-in-taxation” as it relates to the Tax Code since the City’s fiscal year 2019-2020 proposed tax rate exceeds the lower of the effective tax rate or the rollback rate. The City Council voted on July 30, 2019 to schedule the dates for the two public hearings. However, due to scheduling conflicts, the second public hearing needs to be rescheduled. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. On July 30, 2019, the City Council voted on both these actions. However, since that time, a scheduling conflict has arisen warranting the second public hearing to be rescheduled. This agenda is needed to reschedule the two public hearings on the AGENDA MEMORANDUM Action Item for the City Council Meeting of August 13, 2019 Action to Reschedule Two Public Hearings Related To Fiscal Year 2019-2020 Property Tax property tax rate. The dates being recommended are Tuesday, August 27, 2019 during the regular City Council meeting beginning at 11:30 am and Friday, September 6, 2019 during a special City Council meeting beginning at 9:00 am. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: This item is non-emergency. DEPARTMENTAL CLEARANCES: Office of Management and Budget City Attorney’s Office FINANCIAL IMPACT: □ Operating Expense X Property Tax Revenue □ Capital □Not Applicable Project to Date Exp.Current Future FISCAL YEAR:(CIP Only)Year Years TOTALS Budget - - $ 128,514,111 128,514,111$ Encumbered/Expended amount of (date) - - - - This item -128,514,111$ 128,514,111$ BALANCE - --$ -$ FUND(S): General Fund $84,873,254 Debt Service Fund $43,640,857 COMMENTS: n/a RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: None